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Returning Offenders (Management and Information) Act 2015 – retrospective penalty – judicial review – statutory power of decision – jurisdiction – administrative law – New Zealand Bill of Rights Act ...
Sentencing Act 2002, ss 106 and 107 – discharge without conviction – Misuse of Drugs Act 1975, s 6(2A) – conspiracy to import methamphetamine – gravity of offending low – consequences of conviction moderately- ...
S 189(b)(2) Crimes Act 1961 – s 194(b) Crimes Act 1961 – S 129(2) Crimes Act 2961 – appeal against sentence – manifestly excessive - starting point - imprisonment – autism spectrum disorder – prior consensual ...
Sections 138, 143 Land Transfer Act 2017, Schedule 2 Land Transfer Regulations 2018 – procedure - caveatable interest - lapse of caveat - caveatable interest - agreement to mortgage equitable mortgage -caveat to ...
by Gary Judd KC
Dear Misha
This letter responds to your email of 27 April which includes, “To enable me to make an informed response [to the recommendations made by the Independent Review], please provide ...
Executors of wills are waiting up to four months for the High Court to grant probate. The backlog is being blamed on covid-19 lockdowns, exacerbated by sick staff and the temporary closure of Wellington’s registry ...
Adina Thorn, the lawyer behind one of New Zealand’s biggest class actions, says the Law Commission’s year-old report recommending new class actions legislation appears to be gathering dust on a shelf in the Justice ...
Application for leave to appeal – convictions for violent and sexual offending – extensive relationship evidence given at trial – need for tailored directions regarding purpose and proper use of the evidence – ...
Australians should be wary of scare stories comparing the Voice with New Zealand’s Waitangi Tribunal
Australian Senator Jacinta Nampijinpa Price’s recent claim that the Waitangi Tribunal has veto powers over Parliament was met with surprise in New Zealand, especially by members of the tribunal itself. That’s ...
On 29 March 2023, a group of 140 lawyers calling themselves “Lawyers are responsible” issued a press release titled: A Declaration of Conscience for the Legal Profession. This encyclical conveyed their collective ...
Criminal Procedure Act 2011 s 200 – application for permanent name suppression – interim name suppression ordered at sentencing – application advanced at sentencing but adjourned pending further evidence – high ...
S 235(b) Crimes Act 1961 - sentencing – aggravated robbery - sentence indication – pre-sentence report – personal circumstances – rehabilitation – Zhang v R [2019] NZCA 507 – Carr v R [2020] NZCA 357 – home ...
Contract and Commercial Law Act 2017 – Fair Trading Act 1986 – claims against vendor for misrepresentation and common mistake relating to building’s seismic report – claims by defendant and third party engineering ...
Sentencing Act 2002 – s 106 – appeal against conviction and sentence out of time on basis appellant should have been discharged without conviction due to the immigration consequences of convictions (liability for ...
Criminal Procedure Act 2011 – successful appeal against conviction – careless driving causing injury – error or irregularity causing miscarriage of justice – conviction based on preference for prosecution’s account ...
Statutory demand - s 290 of the Companies Act 1993, setting aside of statutory demand - s 290(4) (a) substantial dispute regarding debt - sham transaction - s 290(4) (b) counterclaim, set-of, cross demand - ...