New Zealand Case Law: Decisions & Judgments

Topic

Res judicata and finality

Legal area

Court

30 Mar 2022

POUTAMA KAITIAKI CHARITABLE TRUST AND D & T PASCOE v TARANAKI REGIONAL COUNCIL [2022] NZHC 629

Citation

[2022] NZHC 629
Court

High Court

The appeal is dismissed. The High Court found no error of law: the Environment Court correctly applied the NPS-FM 2020 (it was unnecessary to finally classify the Mangapepeke area as a natural inland wetland because the cl 3.22(1)(b) specified infrastructure exception applied), the project met the 'functional need' threshold for the relevant environment, and s181(2) precludes imposing a s184 lapse date on an alteration of a designation; most other grievances were factual or barred by res judicata and not reviewable under s299.
3 Jul 2020

NOTTINGHAM v REAL ESTATE AGENTS AUTHORITY [2020] NZHC 1561

Citation

[2020] NZHC 1561
Court

High Court

The High Court allowed the appeal and held the Tribunal erred in striking out the appellants' appeals under s 109A because it could not be certain that a Tribunal rehearing would merely relitigate criminal findings; the strike-out power is to be used sparingly and the Tribunal must undertake the rehearing directed by the courts and may consider prior judicial findings but cannot pre-emptively treat those findings as determinative of all disciplinary avenues; accordingly the Tribunal's strike out was set aside and the appeals were reinstated for rehearing as soon as reasonably practicable.
29 Jul 2016

KHAN v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 1756

Citation

[2016] NZHC 1756
Court

High Court

Special leave to appeal was declined because the applicant failed to identify a question of law or show a reasonable prospect of success; the District Court judges acted within jurisdiction and with independence; prior judgments were final and repeated challenges constituted abuse of process; additional material did not demonstrate that Judge Ongley's decision was contradicted by the only true and reasonable view of the evidence.
16 Dec 2014

RICHARD JOHN CRESER v JANINE CRESER [2014] NZHC 3267

Citation

[2014] NZHC 3267
Court

High Court

Application dismissed: applicant may not relitigate under s119(1)(a) after a prior s119(1)(a) application was heard and dismissed (principles of finality/res judicata); even if jurisdiction existed, relief would be refused on discretion due to extreme delay, lack of merit in alleged notice defects (s20(b) and prior appellate findings) and prior adverse rulings by courts.

New Zealand Case Law

POUTAMA KAITIAKI CHARITABLE TRUST AND D & T PASCOE v TARANAKI REGIONAL COUNCIL [2022] NZHC 629

NOTTINGHAM v REAL ESTATE AGENTS AUTHORITY [2020] NZHC 1561

KHAN v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 1756

RICHARD JOHN CRESER v JANINE CRESER [2014] NZHC 3267