COVID-19: Related judgments

The judgments below involve issues related to COVID-19.  Many are related to alert level restrictions.  This list will be updated as further judgments involving these issues are published.

Supreme Court

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David Simon Barton v R
[2020] NZSC 24

25 March 2020

Criminal Appeal - Application for leave to bring an appeal

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(351 KB)

 Court of Appeal

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Borrowdale v Director-General of Health
[2020] NZCA 156

8 May 2020

Application for removal of judicial review proceeding challenging lockdown notices from High Court, and transfer to Court of Appeal, declined.

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(182 KB)

Nottingham v Ardern
[2020] NZCA 144

4 May 2020

Court of Appeal dismisses appeal against High Court decision to refuse to issue writs of habeas corpus. The measures taken by the Government in response to COVID-19 have not detained the appellants. Judicial review is the appropriate procedure for the allegations of unlawfulness made. Interim name suppression declined.

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(236 KB)

High Court

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Christiansen v The Director-General of Health (reasons)

[2020] NZHC 887
4 May 2020

and

[2020] NZHC 883
1 May 2020

Judicial review of DG's refusal to allow plaintiff to leave mandatory quarantine to visit father at end stage of life. Failure to consider compassionate grounds or exceptional circumstances justified interim relief to allow visit.

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(1.8 MB)

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(40 KB)

Cama Products Ltd v Power Parts (2018) Ltd
[2020] NZHC 802

24 April 2020

Of relevance to the legal arrangements in place in response to COVID-19 is para [20].

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(JDO)

B v Ardern
[2020] NZHC 814

24 April 2020

Application for a writ of habeas corpus. Application declined.

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(212 KB)

A v Ardern
[2020] NZHC 796

23 April 2020

Application for a writ of habeas corpus. Application declined.

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(216 KB)

Hikaka v New Zealand Police
[2020] NZHC 716

7 April 2020

Driving offending, theft and breaching community detention and intensive supervision. Unsuccessful appeal from 19 months imprisonment. Home detention unsuitable. COVID-19 referred to as potentially relevant consideration.

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(JDO)

Environmental Protection Authority v BW Offshore Singapore Pte Ltd
[2020] NZHC 704

7 April 2020

Successful urgent application by EPA to stay Environment Court decision staying abatement notice. Notice prevented oil mining vessel from disconnecting from pipes and leaving New Zealand . Stay granted by the EC allowed disconnection to proceed. HC identified potential legal errors by EC: it did not consider when a notice could be issued for change in circumstances notwithstanding earlier decision; undue focus on legal ownership; risks of vessel being required to stay potentially overstated; and it could not safely conclude that disconnection would be risk neutral. Significant change in circumstances meant that a notice could be issued to allow fuller assessment of potential adverse effects.

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(JDO)

Savill v AMFL Ltd
[2020] NZHC 655

25 March 2020

Application for without notice interim injunction to restrain mortgagee sale during period of COVID-19 Alert Level 4 restrictions.
Application granted.

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(JDO)

R v Ekeroma and Fatu
[2020] NZHC 565

19 March 2020

Dismissal of further application to discharge jury in relation to COVID-19 developments: here, the Chief Justice's advice to practitioners.

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(156 KB)

R v Ekeroma and Fatu
[2020] NZHC 562

19 March 2020

Reasons for dismissal of application by defendant for discharge of the whole jury, per Juries Act 1981, s 22. The application arose amidst COVID-19 issues and focussed on ss 22(2)(a) and 22(3)(a). Counsel was concerned jurors would "rush to justice", in the face of such issues. One juror discharged due to potential illness per s 22(2)(a). Remaining jurors willing to continue. At time of judgment, a "casualty" or "emergency" was not constituted, trial fairness not jeopardised. Application dismissed.

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(181 KB)

 

District Court

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Williams v Claudius [2020] NZDC 5265

Warrants of commitment — deportation — detention — effect of Epidemic Management Notices — release on conditions — COVID-19 Alert System — pandemic — overseas

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(District Court)