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BA Useful Case Law
“Case Law” of “judgments of the court, works to compel the court to be consistent with its’ decisions.
When preparing your case you will follow a basic approach of: ILAC
Issue [what]
Legislation [the laws you rely on]
Action Required/ remedy you seek.
Case Law [supporting decisions for your case to succeed.]
Some decisions are “binding precedents” meaning the court MUST find the same way if the material / basis of the matter is the same.
Other decisions can be “persuasive precedents” meaning the court should consider the matter the same way [even if the decision comes from another country or a lower court.]
A decision issued by the supreme court is a binding precedent for every court below it- the Family Court decisions are not binding, when met with a higher courts ruling- which is why knowing how to appeal is a valuable skill- as most Family Court and civil matters are only corrected at the higher courts.
[For access to information and templates for the High Court and Court of Appeal- this is available at the “Platinum membership level”]
Information for the Supreme Court and United Nations is available at the VIP level. [We encourage people to only upgrade as they require for their matters- the case law in each area is different and useful in all courts if the legal basis is the same.
For family court useful case law the ministry of justice releases [redacted] can be located here:
https://districtcourts.govt.nz/search/SearchForm?Search=+&TermID=4
*For exclusive case law please email us with the legal basis required for additional resources.
For district Court case Law the Ministry of Justice decision link is here: https://districtcourts.govt.nz/search/SearchForm?TermID=7&Year=&Month=&Day=&Search=+
And for criminal case law the decisions are:
https://districtcourts.govt.nz/search/SearchForm?TermID=5&Year=&Month=&Day=&Search=+
If you have located a media story and are unable to find the decision: We encourage you to contact the Judicial Decisions Online department to see if they can locate of release the information: [email protected]
For example:
To: jdohelp <[email protected]>
Subject: High Court Decision required
Thanks so much for your assistance,
Can you please provide me the High Court decision pertaining to this media story [making it a matter of public importance.]
As our site builds we will be compiling specific case law our members ask for, for easy resource folders for maximum convenience. Feel free to email us at [email protected] with case law on specific legal grounds [such as protection orders, reversal of custody, shared care, relocation etc] for us to begin prioritizing that case law compilation folder.