New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Saving provisions

Legal area

Court

8 Nov 2013

COMMISSIONER OF POLICE v SKINNER [2013] NZHC 2956

Citation

[2013] NZHC 2956
Court

High Court

Section 172 of the Criminal Proceeds (Recovery) Act 2009 is a permissive saving provision and does not mandate that proceedings begun under the Proceeds of Crime Act 1991 must be completed under that Act; read with ss3 and 9 the 2009 Act permits the Commissioner to discontinue or not to be constrained by prior restraining-step proceedings under the 1991 Act and to proceed under the 2009 Act, therefore the jurisdictional challenge to the Commissioner's application was dismissed.
15 Jul 2009

Chapman v Accident Compensation Corporation

Citation

[2009] NZACC 118
Court

District Court

Section 122 of the Accident Insurance Act 1998, preserved by the 2001 Act's saving provisions, unambiguously disentitles a claimant from independence allowance for any period during which the claimant was an inmate of a penal institution; the factual period of imprisonment is determinative regardless of later quashing of the conviction, so no payments are payable for that period.