New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 106

Legal area

Court

4 Feb 2021

WEWEGE v NEW ZEALAND POLICE [2021] NZHC 92

Citation

[2021] NZHC 92
Court

High Court

The court found the offending overall to be of low to moderate gravity, that the likely employment consequences of conviction were proportionate (low to moderate) and not out of all proportion to the gravity of the offence, therefore the statutory test for discharge without conviction under s106/107 was not met; on sentencing the court quashed prior supervision and community work and ordered conviction with discharge on the assault charge.
10 Apr 2017

FONTERRA CO-OPERATIVE GROUP LIMITED v MCINTYRE AND WILLIAMSON PARTNERSHIP AND OTHERS [2017] NZSC 47

Citation

[2017] NZSC 47
Court

Supreme Court

The Supreme Court granted leave to appeal and approved two questions for determination: whether the respondents were "new entrants" under s106 and, if so, whether Fonterra breached s106 by offering the supply terms. The Supreme Court order did not decide the merits; the Court of Appeal had answered both questions in the affirmative.