Khan v New Zealand Muslim Assoc [2025] NZCA 109 at [45] n 33

Equity and Trusts in New Zealand (2nd ed, 2009) at [18.1.2]

[18.1.2] Nature of liability

Tamiefuna v R [2025] NZSC 40 at [92] n 109 (judgment contains publication restrictions)

Quince and Houghton “Privacy and Māori Concepts” in Privacy Law in New Zealand (3rd ed, 2023) 43

Chapter 2: Privacy and Māori Concepts

Tamiefuna v R [2025] NZSC 40 at [74] n 84 (judgment contains publication restrictions)

The Law of Criminal Investigation in New Zealand (2021) at 383–387

[5.3.1] Search of the person → (7) Warrantless search of a person under a statute not pursuant to an arrest

Cook v R [2025] NZSC 44 at [110] n 176

Adams (looseleaf ed) at [CA23.28]–[CA23.31]

[CA23.28] Raising the issue of insanity

[CA23.29] Insanity raised on the evidence

[CA23.30] Exception to rule that prosecution may not seek to prove insanity

[CA23.31] Prosecution prohibited from adducing evidence of insanity

Raju v Serious Fraud Office [2025] NZHC 889 at [50] n 10

Adams – Criminal Procedure (online looseleaf ed) at [CPA200.02(1)]

See now [CPA200.02A] Grounds for suppression order → (a) “Extreme hardship” to defendant or connected person

Wahla v Police [2025] NZHC 734 at [62] n 82

Adams – Sentencing (online ed) at [SA107.01]

[SA107.01] Principles for discharge without conviction

Waru v Police [2025] NZHC 732 at [25] n 21

Adams – Criminal Procedure (looseleaf ed) at [CPA55.01]

[CPA55.01] The case management procedure

A v B [2025] NZHC 975 at [16] n 4 (judgment contains suppression orders)

McGechan (online looseleaf ed) at [JR15.01] to [JR15.13]

[JR15.01] Legislative background

[JR15.02] Approach

[JR15.03] “At any time before the final determination of the application”

[JR15.04] “If … it is necessary to do so to preserve the position of the applicant”

[JR15.05] “The Court may … make an interim order”

[JR15.06] “Prohibiting a respondent … from taking any further action … consequential on the exercise of the statutory power”

[JR15.07] “Prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application relates”

[JR15.08] “Declaring that any licence … continues and, where necessary, that it be deemed to have continued in force”

[JR15.09] Interim declaratory orders against the Crown — subs (3)

[JR15.10] “Declaring that the Crown ought not to take any further action … consequential on the exercise of the statutory power”

[JR15.11] “Declaring that the Crown ought not to institute or continue with any proceedings, civil or criminal, in connection with any matter to which the application relates”

[JR15.12] Terms and conditions of order — subs (4)

[JR15.13] Rescission of interim orders

Aitken v Judicial Conduct Commissioner [2025] NZHC 987 at [128] n 86

McGechan (online ed) at [16.02(3)]

[JR16.02] “The High Court may … by order grant” → (3) Inevitability of the same outcome

Crichton v Police [2025] NZHC 1018 at [12] n 1

McGechan (online looseleaf ed) at [HR12.04.01] [sic]

See [HR12.14.01] Purpose of rule

Davis v Hussey [2025] NZHC 783 at [3] nn 3–5

McGechan (looseleaf ed) at [HR20.13.03]

[HR20.13.03] Waiver of security

Dotcom v Minister of Justice [2025] NZHC 759 at [25] n 9

McGechan (online ed) at [HR10.2.03]

[HR10.2.03] “For any time, to any place, and upon any terms it thinks just”

Golden Plaza Ltd v Jung 28 Ltd [2025] NZHC 762 at [14] n 2

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

Hong v Kinnon [2025] NZCA 117 at [79] n 78

McGechan (online looseleaf ed) at [HR5.53.03] and [HR5.58.04]

[HR5.53.03] Types of claim permitted

[HR5.58.04] “Independent proceeding”

Kelly v Carter [2025] NZHC 978 at [71] n 22 (judgment contains publication restrictions)

McGechan (online ed) at [HR7.48.01(3)]

[HR7.48.01] Purpose and scope → (3) Unless orders

Plane Sense Wellington Inc v Airways Corp of New Zealand Ltd [2025] NZHC 961 at [11] n 2

McGechan (online ed) at [HR10.2.03]

[HR10.2.03] “For any time, to any place, and upon any terms it thinks just”

Smith v Fonterra Co-operative Group Ltd [2025] NZHC 940 at [57] n 40

McGechan (online looseleaf ed) at [HR4.24.01]

[HR4.24.01] A liberal approach

Smith (above) at [68] n 43

McGechan (online looseleaf ed) at [HR4.24.01]–[HR4.24.06]

[HR4.24.01] A liberal approach

[HR4.24.01A] Expedition and judicial economy

[HR4.24.02] Procedure — when application necessary

[HR4.24.03] Status of the persons represented

[HR4.24.04] Principles governing the grant (or refusal) of permission for a plaintiff to bring a representative proceeding on behalf of others

[HR4.24.05] Representative plaintiffs: each person represented must have a right of action

[HR4.24.06] Representative plaintiffs: the same interest

Squair v Cribb [2025] NZHC 827 at [18] n 4

McGechan (online ed) at [HR5.45.03(2)]

[HR5.45.03] Are security for costs appropriate? – exercise of the Court’s discretion – “just in all the circumstances” relevant factors → (2) Merits

Jellick v Perrett [2025] NZHC 929 at [98] n 26

Green & Hunt (online looseleaf ed) at [ARSch1.17A.02]

[ARSch1.17A.02] Arbitral tribunal’s power enhanced

Chief of Defence Force v Four Members of the Armed Forces [2025] NZSC 34 at [12] n 18

Joseph (5th ed, 2021) at [19.4.2(3)]

[19.4.2] Political prerogatives → (3) Defence and wartime prerogatives

Genge v Chief Executive of the Department of Corrections [2025] NZHC 981 at [74] n 72 and [103] n 83

Joseph (5th ed, 2021) at [25.4.1]

[25.4.1] Prior notice

Genge (above) at [85] n 78

Joseph (5th ed, 2021) at [23.2.3(5)]

[23.2.3] Relevant and irrelevant considerations → (5) Weight to be given mandatory considerations

Genge (above) at [104] n 84

Joseph (5th ed, 2021) at [22.4.3]

[22.4.3] New Zealand parallels

Nand v Idea Services Ltd [2025] NZEmpC 81 at [10] n 8

Joseph (5th ed, 2021) at 902 and fn 609

[21.7.3] Inherent powers

Tamiefuna v R [2025] NZSC 40 at [322] n 408 (judgment contains publication restrictions)

Joseph (5th ed, 2021) at 742, n 247

[19.4.2] Political prerogatives → (4) Keeping the peace

Dobbe v Taylor [2025] NZHC 731 at [7] nn 5–6 and [8] n 8

Mahoney (2nd ed, 2024) at 874–876, 875 and 876

[EV98.02] Exercise of judicial discretion → (1) Section 98(2): civil proceedings

Monckton v Donald [2025] NZHC 785 at [46] n 19

Family Law – Family Property (online ed) at [FP4.08(5)(a)]

[FP4.08] Claims by children → (5) Financial need → (a) Broad view

Cook v R [2025] NZSC 44 at [41] n 31

Principles of Criminal Law (5th ed, 2019) at 425–426

[10.3] Elements of insanity in New Zealand

Cook (above) at [42] n 35

Principles of Criminal Law (5th ed, 2019) at [3.4.1(2)]

[3.4.1] Involuntary behaviour → (2) Impaired consciousness

Cook (above) at [98] n 165

Principles of Criminal Law (5th ed, 2019) at 447

[10.3.3] Disease of the mind → (4) Automatism → (a) Diabetic automatism

Cook (above) at [142] n 221

Principles of Criminal Law (5th ed, 2019) at 445

[10.3.3] Disease of the mind → (3) “Internal v external cause” test

Aitken v Judicial Conduct Commissioner [2025] NZHC 987 at [128] n 86

New Zealand Judicial Review Handbook (2nd ed, 2016) at 74.2.3

[74.2.3] Signs of retreat from Air Nelson?

Zhu v Chen [2025] NZHC 729 at [15] n 1

Todd (9th ed, 2023) at 938–939

[15.2] Ingredients of the tort of defamation

Chief of Defence Force v Four Members of the Armed Forces [2025] NZSC 34 at [103] n 152 and [104] n 154

Beatson and others Human Rights: Judicial Protection in the United Kingdom (Sweet & Maxwell, London, 2008) at [3-184] and [3-230]–[3-237] (re margin of appreciation)

Hong v Kinnon [2025] NZCA 117 at [51] n 48

Fletcher (ed) Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at [50-049]–[50-050] (re lien of former trustee for administration expenses)

Hong (above) at [85] n 86

Lewin on Trusts (above) at [17-061]–[17-065] and [19-044] (re rights and remedies available to trustee)

Hong (above) at [87] n 87

Lewin on Trusts (above) at [19-046] (re interest pending reimbursement to trustee from trust property)

Huang v Chen [2025] NZHC 1003 at [23] n 2 and [25] n 4

Tucker, Le Poidevin and Brightwell Lewin on Trusts (20th ed, Thomson Reuters, London, 2020) at [39.086] and [39.099] (re trustees’ surrender of discretion to court)

Khan v New Zealand Muslim Assoc [2025] NZCA 109 at [24] n 15

Tucker and others Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at [42-023]–[42-025] (re equitable proprietary claim)