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Unsuccessful appeal, fire caused by third party, negligence, industry practice, s 43 Forest and Rural fires Act 1977, Rylands v Fletcher, nuisance, quantum of damages, procedure, pleading of allegations, statutory ...
Sentencing Act 2002 – sentencing for youth – R v Dickey - minimum period of imprisonment – discounts for youth – discounts for personal factors – discharge without conviction – name suppression – permanent name ...
Appeal against sentence – assault – starting point – discounts – purposes of sentencing – rehabilitation and reintegration – home detention
Schell v New Zealand Police & Chief Executive of the Department of ...
Should voters elect to change governments in October, a “degree of uncertainty” surrounds whether potential reforms to how New Zealand’s lawyers are regulated and represented will get off the ground, says New ...
So, which is better: the adversarial system or the inquisitorial system? Many people have strong views on this question. The Australian judge, Ray Finkelstein, argues that the adversarial system is bad at ...
Section 58 Dog Control Act 1996 – strict liability defence – total absence of fault – dismissal of charge – appeal - Walker v Nelson City Council [2017] NZHC 750 – Haenga v Porrirua City Council [2021] NZHC ...
Successful application for declaration regarding assessment of compensation under the Public Works Act (PWA) - Public Works Act 1981 - s 62-compensation compulsorily acquired land - s 2defintion “public work and ...
Arbitration Act 1996 – application for leave to appeal to High Court against decision of Arbitral Tribunal – contractual interpretation – question of law – no issue of general precedential value – jurisdiction ...
R v Reihana & Ors [2023] NZHC 580 (Moore J)
Sentencing Act 2002 – sentencing starting point – multiple offenders with different roles -aggravating features – planning and premeditation – organised criminal ...
Appeal against sentence – murder – Sentencing Act 2002, ss 102 to 104 – manifestly unjust exception – mental health – diminished capacity
Tu v R [2023] NZCA 53 (Katz, Wylie and Palmer JJ)
Following a trial by ...
The New Zealand Law Society (NZLS) is attempting to allay concerns about its ability to safeguard the rule of law if it’s “reduced” to a voluntary, representative organisation.
NZLS recently hosted two webinars ...
Covid-19 Public Health Response (Vaccinations) Order 2021 – judicial review of amendment to the definition of ‘care and support worker’ – requirement for family carers to be vaccinated – was Minister for Covid-19 ...
Near the end of Mulinu’u peninsula, the Ministry of Justice and Courts Administration building dominates the 250-metre-wide strip of land. Located to the right of Samoa’s Parliament, with its iconic domed form ...
Merits review of redeployment decision upon redundancy – appeal from Employment Relations Authority – Employment Relations Act 2000, ss 4 and 103A – Jinkinson applied – Thwaites distinguished – employment contract ...
Women were once considered second-class citizens under the law. Act by Act, this has changed during the past 100 years. Yet by design, omission or simply through unexpected consequences, some laws still fail ...
Doney v Adlam [2023] NZHC 363
High Court Rules – application for substitution of judgment creditor and leave to issue enforcement proceedings against Adlam – applicable principles – whether estoppel established ...