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1. Royal prerogative of mercy

   ...Cases Review Commission (CCRC) as an independent Crown entity to investigate possible miscarriages of justice. If the CCRC considers a miscarriage of justice may have occurred, it can refer the conviction or sentence back to the courts for a further appeal.  Criminal Cases Review Commission website This function replaces the referral function formerly performed by the Governor-General under section 406 of the Crimes Act 1961. Section 406 of the Crimes Act has now been repeal...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. Miscarriages of justice

2. What happens after you’ve been sentenced

   ...about the possible sentence for the crime (offence) you have been charged with. Offender levy If you’re convicted and sentenced in the District Court or High Court, you’ll have to pay an offender levy of $50. Find out more about the offender levy Appeal If you feel you have been wrongly convicted or where you feel the sentence is too severe or inappropriate, you can appeal to a senior court for that court to reconsider the decision. To find out more you should talk with your lawyer or conta...

   Located in:

   1. Courts >
   2. Criminal >
   3. Charged with a crime

3. Process and powers (civil)

   ...Limitation Act 2010                                                     Contempt of Court Act 2019 Key secondary legislation District Court Rules 2014 High Court Rules 2016 Supreme Court Rules 2004 Court of Appeal (Civil) Rules 2005 District Court (Access to Court Documents) Rules 2017 Family Court Rules 2002 Districts Courts Fees Regulations 2009 Contract and Commercial Law (Electronic Transactions) Regulations 2017 (administered by MBIE) I...

   Located in:

   1. Justice sector & policy >
   2. Regulatory stewardship >
   3. Regulatory systems and areas >
   4. Courts and tribunals

4. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...dealt with: [5.1] Whether the Tribunal should state a case to the High Court under s 122 of the Human Rights Act 1993; and [5.2] Whether the determination of these proceedings should in any event be postponed pending the resolution of an intended appeal by Mr Fehling to the Supreme Court. [6] The background to both applications follows. [7] The service of the trespass notice on Mr Fehling along with his eviction and arrest have led to a keen feeling of injustice on his part. He...

5. Hutcheson v Clarkson - Mangamaire B No 2 Block (2020) 86 Takitimu MB 283 (86 TKT-283) [pdf, 379 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. … [45] Section 43 of the Act contemplates a two-step approach. Firstly, the application for r...

6. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT Court: Hearing Decision No. [2017] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN BLUESKIN ENERGY LIMITED (ENV-2016-CHC-047) Appellant AND DUNEDIN CITY COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner W R Howie Environment Commissioner D J Bunting at Dunedin on 27, 28, 29 and 30 June 2017 and 18,19 and 20 July 2017 (Site visits carried out 26 J...

7. [2010] NZEmpC 18 C v Air Nelson Ltd [pdf, 38 KB]

   ...Appearances: John Haigh QC, Counsel for Plaintiff CH Toogood QC and Kevin Thompson, Counsel for Defendant Judgment: 9 March 2010 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE GL COLGAN A Until 16 April 2010 or earlier decision by the Court of Appeal against this Court’s judgment refusing the plaintiff’s application, neither the name of the plaintiff nor any details that may identify him, other than appear in this judgment, may be published pursuant to cl 12 of Schedule 3 to th...

8. [2015] NZEmpC 177 Southall v Tuau [pdf, 118 KB]

   ...Ltd [2015] NZEmpC 135, at [48] and [114]. 9 Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4 at [15]. 10 At [17]. [21] The relevant principles as to Calderbank offers are well known, and were conveniently summarised by the Court of Appeal in Blue Star Print Group (NZ) v Mitchell: 11 [19] We accept that there may be cases where vindication through seeking a statement of principle in the employment context may be relevant to the exercise of the Court’s discretion....

9. Toa - Arahaunui 1A1 (2011) 267 Aotea MB 119 (267 AOT 119) [pdf, 138 KB]

   ...decisions. He suggests that in time the Appellate Court may need to consider how it might reconcile these two approaches if possible. 16 Discussion [23] The application by Clark Takurua to have the ownership of the house vested in him was never appealed. His mother Te Urutahi Takurua made it plain at the hearing that she wanted ownership settled in favour of her son Clark. According to the minutes of the hearing she also gifted him shares after being told by Judge Hingston that...

10. Phon & Anor v Waitakere City Council [pdf, 82 KB]

    ...statement of claim and the claimants’ opposition to the removal applications appears to have disregarded the appropriate legal tests as set out in North Shore City Council v Body Corporate 188529 & Ors.4 (Sunset Terraces). The Court of Appeal in that case upheld Heath J’s conclusion that Councils, in issuing building consents, and designers in preparing the plans, were entitled to assume that a reasonable builder would have access to and rely on the manufacturer’s spec...