New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Retrospective application of statutes

Legal area

Court

28 Aug 2019

PEKA v NEW ZEALAND POLICE [2019] NZHC 2128

Citation

[2019] NZHC 2128
Court

High Court

Plain reading of Schedule 1 cl 2 shows the Chief Executive must ensure notices are given ('cause to be given') and the act of giving is administrative machinery that does not require a formal delegation; the notice served on the appellant was valid and no miscarriage of justice occurred.
1 Oct 2004

Te Wake v Accident Compensation Corporation

Citation

[2004] NZACC 314
Court

District Court

Clause 44 of Schedule 1 of the Injury Prevention, Rehabilitation and Compensation Act 2001 does not disclose a clear intention to operate retrospectively; the appellant had no existing entitlement at the Act's commencement and earlier determinations under the 1998 Act stand, so the 2001 provision cannot be applied to her pre-commencement incapacity; appeal dismissed.