New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Right to be tried without undue delay

  • 23 Nov 2017

    ANGUS v THE DISTRICT COURT [2017] NZHC 2879

    Citation
    [2017] NZHC 2879
    Court
    High Court

    The High Court dismissed the judicial review because the threshold for intervention was not met: the District Court applied the correct legal principles, the delay did not make a fair trial impossible given the Crown's documentary evidence and statutory safeguards (including admissible business records and hearsay protections), and statutory appeal and pre-trial remedies render judicial review inappropriate except in truly exceptional cases.

    • Stay of proceedings
    • Prosecutorial delay
    • Right to be tried without undue delay
    • Hearsay evidence admissibility
    • Abuse of process

  • 11 Feb 2016

    MCKAY v THE DISTRICT COURT AT NAPIER [2016] NZHC 138

    Citation
    [2016] NZHC 138
    Court
    High Court

    Interim relief was refused because the District Court judge did not err in law or fact and had lawfully concluded the delay was not undue; the High Court's supervisory jurisdiction is to be exercised sparingly, the applicant failed to demonstrate necessary prospects of success or necessity to preserve his position, and even if delay were undue a stay would not likely be an appropriate remedy.

    • Undue delay
    • Stay of proceedings
    • Right to be tried without undue delay
    • Remedy for delay
    • Bias
    • Mistake of law

  • 6 Jun 2007

    HOWE V THE CHRISTCHURCH DISTRICT COURT HC CHCH CIV 2006-409-003037

    Citation
    openlaw-4b42f488_8f1b_4b17_9c24_ce8b56aad0ae.pdf
    Court
    High Court

    Judge Moran did not err in law or act unreasonably: prosecutorial failures were neglect not bad faith or abuse of process, the charges were serious and public interest favored trial, and because a fair trial was not shown to be impossible a stay was not required; abandonment and relisting to allow full disclosure was an appropriate remedy; accordingly judicial review dismissed.

    • Disclosure obligations
    • Stay of proceedings
    • Abuse of process
    • Right to be tried without undue delay
    • Adjournment