Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
Robin Brunskill Cooke, Baron Cooke of Thorndon, was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006.
The Supreme Court of New Zealand is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016.
Ultra vires is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is intra vires. Acts that are intra vires may equivalently be termed "valid", and those that are ultra vires termed "invalid".
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington.
The New Zealand Bill of Rights Act 1990 is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the attorney-general to provide a report to parliament whenever a bill is inconsistent with the Bill of Rights.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years.
Lower Hutt is a city in the Wellington Region of New Zealand. Administered by the Hutt City Council, it is one of the four cities that constitute the Wellington metropolitan area.
Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.
Mall Finance & Investment Co Ltd v Slater [1976] 2 NZLR 685, is a New Zealand case regarding whether a contract entered into to stop a party for filing criminal charge is legally enforceable or not. It is more often cited as Slater v Mall Finance.
Polymer Developments Group Ltd v Tilialo [2002] 3 NZLR 258 is a New Zealand case regarding the legality of contracts created to prevent a prosecution, which unlike the earlier similar precedents of Mall Finance v Slater [1976] 2 NZLR 685 and Barsdell v Kerr [1979] 2 NZLR 731, in this case however, although the contract was clearly illegal, relief was granted to the creditor.
Barsdell v Kerr [1979] 2 NZLR 731 is New Zealand case frequently cited with Mall Finance v Slater [1976] 2 NZLR 685 and Polymer Developments v Tilialo [2002] 3 NZLR 258 regarding illegal contracts prejudicial to the administration of justice under the Illegal Contracts Act [1970].
Harding v Coburn [1976] 2 NZLR 577 was a New Zealand case that was one of the first that upheld that the Illegal Contracts Act 1970 had the power to validate despite the fact that another legal enactment "deemed to be unlawful and shall have no effect".
Ross v Henderson [1977] 2 NZLR 458 is a cited case in New Zealand regarding illegal contracts that were later upheld that the Illegal Contracts Act 1970 had the power to validate despite the fact that another legal enactment "deemed to be unlawful and shall have no effect".
Re AIC Merchant Finance Ltd (in rec) [1990] 2 NZLR 385 (1990) 5 NZCLC 66,153 is a cited case in New Zealand regarding relief for Illegal Contracts under the Illegal Contracts Act 1970 where validation is not legally possible.
Catley v Herbert [1988] 1 NZLR 606 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the Illegal Contracts Act 1970.
Knyvett v Christchurch Casinos Ltd [1999] 2 NZLR 559 is a cited case in New Zealand regarding whether a contract illegal under statute, can be subsequently validated under the Illegal Contracts Act 1970.
Mercurius Ventures Ltd v Waitakere City Council [1996] 2 NZLR 495 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the Illegal Contracts Act 1970.
Finnigan v New Zealand Rugby Football Union, was a case taken by a member of the Auckland University Rugby Football Club and a member of the Teachers Rugby Football Club against the decision of the New Zealand Rugby Football Union (NZRFU) Council to accept an invitation for the All Blacks to tour South Africa. The invitation came just four years after the 1981 South Africa rugby union tour of New Zealand had divided the New Zealand public over the All Blacks refusal to participate in the sporting boycott of South Africa during the Apartheid era. The decision primarily concerned whether the two plaintiffs had sufficient standing to challenge the NZRFU decision. The decision marked the adoption of the principles of R v Inland Revenue Commissioners ex p National Federation of Self-Employed and Small Businesses [1982] AC 617 approach to standing in judicial review into New Zealand law.
Make It 16 Incorporated v Attorney-General is a 2022 landmark decision of the Supreme Court of New Zealand in which the court held that the country's current voting age of 18 was discriminatory. The court found that the provisions in the Electoral Act 1993 and Local Electoral Act 2001 that set the voting age of 18 years was an unjustified limitation on the right to be free from age discrimination in section 19 of the New Zealand Bill of Rights Act 1990 (BORA).
