New Zealand Case Law: Decisions & Judgments

Topic

Waiver of rights

Legal area

Court

26 May 2020

TONGA v NEW ZEALAND POLICE [2020] NZHC 1106

Citation

[2020] NZHC 1106
Court

High Court

The High Court accepted the trial judge's credibility findings that the appellant understood his right to counsel and voluntarily and unequivocally declined to consult a lawyer after being offered facilitation; the police had taken reasonable steps to facilitate access to counsel of choice, and even if there were any marginal shortcomings exclusion under s30 would be disproportionate, therefore the appeals against conviction and sentence were dismissed.
24 Aug 2015

RAPATA (ROBERT) LEEF, STEPHANIE TERIA TAIAPA, NADINE HORINA PIRAKE, CAINE RAROA TAIAPA, DARREN WILLIAM LEEF, NEIL HIRAMA AND PANIA ANEISHA BROWN v COLIN BIDOIS, JENNY ROLLESTON, TAARI NICHOLAS, PATRICK NICHOLAS, CHRIS (KIRITOHA) TANGITU, RAWIRI KUKA AND S

Citation

openlaw-fd1c154d_aa88_498d_a1f3_b542fc3631d7.pdf
Court

Supreme Court

Leave to appeal was refused because, although the public importance of whether the right to an independent and impartial tribunal is non-derogable was acknowledged, this case was unsuitable for deciding that principle given the absence of contemporaneous objection and the need for a fresh exercise of the discretion whether to set aside the award; further, the proposed fresh evidence was not sufficiently new or outcome-determinative and the appeal could not change the distribution of settled Treaty funds.
2 Oct 2006

SHARMA V R SC 60/2006

Citation

SC 60/2006
Court

Supreme Court

Leave to appeal was dismissed because Dr Sharma consented to counsel conducting cross-examination and thereby waived any personal cross-examination right under s25(f); no breach resulting in miscarriage of justice was shown; other grounds lacked sufficient specificity or were inapplicable as the proviso was not engaged.

New Zealand Case Law

TONGA v NEW ZEALAND POLICE [2020] NZHC 1106

RAPATA (ROBERT) LEEF, STEPHANIE TERIA TAIAPA, NADINE HORINA PIRAKE, CAINE RAROA TAIAPA, DARREN WILLIAM LEEF, NEIL HIRAMA AND PANIA ANEISHA BROWN v COLIN BIDOIS, JENNY ROLLESTON, TAARI NICHOLAS, PATRICK NICHOLAS, CHRIS (KIRITOHA) TANGITU, RAWIRI KUKA AND S

SHARMA V R SC 60/2006