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  • Supreme Court decision by default

    Supreme Court decision by default


    A recent Supreme Court of New Zealand decision split 2 -2 between four sitting members of the Bench has upheld a Court of Appeal ruling resulting in a decision by default.
    Sir Terence Arnold was not available due to illness and the Court said there was insufficient time to arrange a replacement.

    While in accordance with legislation, the effect "remains frustrating from an appellant's perspective," counsel for the appellant David Chisholm QC says.

    When the...
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  • Supreme Court says Red Devils gang case should have gone to trial

    Supreme Court says Red Devils gang case should have gone to trial




    The case against the former Red Devils motorcycle gang in Nelson should have gone to trial, according to New Zealand's highest court, h
    owever, the country's top judge has broken ranks with the Supreme Court, saying that allowing the trial to continue would be a "serious affront to the criminal justice system".

    The opinion of the Supreme Court and Chief Justice, Dame Sian Elias, is of no consequence now. The case against the Red Devils, known as Operation...
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  • Crooked Judge Knighted

    Crooked Judge Knighted




    Sir Terence Arnold’s past conduct would likely preclude his ability to become a judge in any other law-abiding country, let alone be awarded a knighthood for his services to justice in New Zealand. Sir Terence is generally known in the NZ legal community to have engaged in criminal activity as Solicitor General serious enough that it could have landed him in prison had the matter gone to trial. Rob Moodie, the lawyer representing Margaret and Keith Berryman in a long-r...
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  • Former Appeal Court President caught out

    Former Appeal Court President caught out


    Former President of the New Zealand Court of Appeal and Supreme Court Justice Sir Mark O'Regan was caught with his pants down yesterday, after an application to disqualify him from ruling on a matter involving a fraud on the Court of Appeal was filed in the Supreme Court.

    Earlier this week, Sir Mark dismissed an application seeking to overturn a bankruptcy resulting from fraudulent court orders. Sealed orders of the Court of Appeal were altered by Wellington lawyer Roger...
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  • Suspect Practices at New Zealand Supreme Court Raise Concerns

    Suspect Practices at New Zealand Supreme Court Raise Concerns

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    Inaccurate and incomplete public recordkeeping at the New Zealand Supreme Court is going unchallenged and unreported according to a new report on kiwisfirst.

    Most Kiwis are unaware the New Zealand Supreme Court does not record some judgments and does not allow public access to filings and submissions in appeals where the Court dismisses the applications. Of the “official” 199 applications determined last year, the Supreme Court allowed 22 to be determined on merits or question...
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  • Court of Appeal Judge Accused of Creating Fiction

    Court of Appeal Judge Accused of Creating Fiction

    The judge at the heart of a Law Society tribunal case this week has another antagonist tugging at his robe. Barrister Evgeny Orlov went on trial in Auckland this week for comments he has made about Justice Rhys Harrison for handing over a child to a known paedophile and alleged slights against foreign born New Zealanders. Last week legal blogger Vince Siemer filed two affidavits with the Supreme Court in support of applications to appeal separate rulings Harrison J made on allegedly non-ex...
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