ACCT156 Law term test

What are the 4 main NZ courts from highest to lowest?

Supreme Court → Court of Appeal → High Court → District Court.

What is the Supreme Court's jurisdiction?

NZ's highest and final appellate court. Appeals generally require leave (permission).

What is the Court of Appeal's jurisdiction?

Main intermediate appellate court. Primarily hears civil and criminal appeals from the High Court.

What is the High Court's jurisdiction?

Has original + appellate jurisdiction. Hears serious criminal cases, major civil disputes, and appeals from lower courts/tribunals.

What is the District Court's jurisdiction?

Lowest main court where most cases begin. Hears most criminal prosecutions and civil disputes within its monetary jurisdiction.

What is original jurisdiction?

Authority to hear a case for the first time.

What is appellate jurisdiction?

Authority to review a decision made by a lower court.

What does "leave" mean?

Permission to bring an appeal.

What is ratio decidendi?

The legal rule/principle necessary for the court's decision. It can create binding precedent. Think: RATIO = REQUIRED.

What is obiter dicta?

Judicial comments not necessary for the decision. Not binding but may be persuasive. Think: OBITER = EXTRA.

What is stare decisis?

The doctrine of following binding precedent. Lower courts must follow relevant decisions of higher courts where material facts are sufficiently similar.

Why is stare decisis important?

It promotes consistency, certainty and predictability in the law.

What are material facts?

Facts important to the legal decision and whether an earlier precedent applies.

What does distinguishing a case mean?

The current case has materially different facts, so the earlier ratio does not apply. The earlier case REMAINS good law.

What does overruling a case mean?

A higher court in a later case rejects an earlier legal rule. The earlier ratio is NO LONGER good law.

Distinguishing vs overruling?

Distinguish = different material facts; old case stays good law. Overrule = higher court rejects old legal rule; ratio no longer good law.

Binding vs persuasive precedent?

Binding precedent MUST be followed. Persuasive precedent may influence a court but does not have to be followed.

What are the 4 elements of negligence?

DBCR: Duty of care → Breach → Causation → Remoteness.

What is a duty of care?

A legal obligation to take reasonable care to avoid causing legally recognised harm to another person.

What is breach of duty?

Failure to meet the standard of reasonable care required in the circumstances.

What is causation?

The defendant's breach must have caused the plaintiff's damage.

What is remoteness?

The damage must be sufficiently connected/foreseeable and not too remote for legal responsibility.

What happened in Donoghue v Stevenson?

A consumer became ill after drinking ginger beer containing a decomposed snail. The manufacturer owed the ultimate consumer a duty of care.

What did Donoghue v Stevenson establish?

The duty of care/neighbour principle: take reasonable care to avoid reasonably foreseeable harm to persons closely and directly affected by your conduct.

What is reasonable foreseeability?

Whether the type of harm could reasonably have been anticipated.

How does NZ determine a new/disputed duty of care?

Stage 1 internal inquiry: foreseeability + proximity. Stage 2 external inquiry: policy. Ultimate question: is imposing the duty just and reasonable?

What is proximity?

Whether the relationship between the plaintiff and defendant is sufficiently close for the law to recognise a duty.

What are policy considerations?

Wider reasons for or against recognising a duty of care.

What is negligent misstatement?

Careless advice or information causing economic loss.

What is economic loss?

Financial loss rather than physical injury or property damage.

What did Hedley Byrne v Heller establish?

A duty may arise for careless statements causing economic loss where there is reasonable reliance and an assumption of responsibility.

What factors are important under Hedley Byrne?

Relevant skill + reasonable reliance + knowledge that reliance will occur + assumption of responsibility.

Why did Heller avoid liability in Hedley Byrne?

The credit reference contained an effective disclaimer excluding responsibility.

What is reasonable reliance?

The plaintiff reasonably depended on the defendant's information or advice.

What is assumption of responsibility?

The defendant undertakes responsibility for the accuracy of information/advice in circumstances where another may rely on it.

What is the AG v Carter two-stage approach?

Stage 1: proximity. Stage 2: policy. Ultimate question: is imposing a duty fair, just and reasonable?

What factors indicate proximity in negligent misstatement?

Reasonable reliance, assumption of responsibility, purpose of the statement, and whether the defendant knew reliance would occur.

Why was there no duty in AG v Carter?

The Marine Safety Authority certificate concerned vessel safety, not financial/investment advice. The Authority had not assumed responsibility for purchasers' economic decisions.

Hedley Byrne vs AG v Carter?

Hedley Byrne = reliance + assumption of responsibility. AG v Carter = proximity + policy → fair, just and reasonable.

What is vicarious liability?

Where one person is legally responsible for a tort committed by another, commonly an employer for an employee.

What is required for employer vicarious liability?

An employment/sufficiently similar relationship + tort sufficiently connected with the employee's work.

What happened in Limpus v London General Omnibus?

A bus driver raced another bus despite instructions not to. Employer was still liable because conduct was sufficiently connected to employment.

What is contributory negligence?

The plaintiff's own failure to take reasonable care contributes to their damage, potentially reducing damages.

What case illustrates contributory negligence?

Jones v Livox Quarries – the plaintiff's own unsafe conduct contributed to the harm.

What is the modern NZ approach to statutory interpretation?

Under s 10 Legislation Act 2019, legislation is interpreted according to its TEXT, PURPOSE and CONTEXT.

What does TPC stand for?

Text → Purpose → Context.

What is "text" in statutory interpretation?

The actual words used in the legislation.

What is "purpose" in statutory interpretation?

The objective the legislation seeks to achieve.

What is "context" in statutory interpretation?

The surrounding provisions and wider statutory/legal setting.

What is ejusdem generis?

"Of the same kind." General words following specific examples may be limited to things in the same class.

Easy way to remember ejusdem generis?

LIST → SAME CLASS.

What case can be used for ejusdem generis?

Evans v Cross – general wording was interpreted by reference to the class created by the preceding specific words.

What is noscitur a sociis?

A word is known by "the company it keeps." Surrounding words help determine an ambiguous word's meaning.

Easy way to remember noscitur a sociis?

SURROUNDING WORDS → MEANING.

Ejusdem generis vs noscitur a sociis?

Ejusdem = specific list creates a class. Noscitur = surrounding words help determine meaning.

Why is NZ said to have an unwritten constitution?

It is uncodified: constitutional rules are not contained in one single supreme constitutional document but come from several sources.

Name 3 easy sources of NZ's Constitution.

Constitution Act 1986 + common law/court decisions + Te Tiriti o Waitangi.

What are other sources of NZ's Constitution?

Electoral Act 1993, NZ Bill of Rights Act 1990, constitutional conventions, Rule of Law, and historic UK statutes.

What is Parliamentary Sovereignty?

Parliament is NZ's supreme law-making authority.

What are the key attributes of Parliamentary Sovereignty?

Parliament can MAKE, AMEND and REPEAL legislation; legislation prevails over inconsistent common law; one Parliament generally cannot permanently bind a future Parliament.

Can NZ courts normally strike down an Act because they think it is unconstitutional?

No. This reflects Parliamentary Sovereignty.

What is the Rule of Law?

Everyone, including government, is subject to law.

What are the 3 branches of government?

Legislature = makes law. Executive = administers law. Judiciary = interprets/applies law.

What is tikanga?

A system of Māori customs, norms and laws guiding appropriate conduct and relationships.

How can tikanga enter NZ law?

Common-law development, legislation/regulations, statutory discretions, public-body policies/processes, and legal arguments.

What did Ellis v R establish?

Tikanga is relevant to NZ law and may contribute to development of the common law. Think: ELLIS = COMMON LAW.

What happened in Trans-Tasman Resources?

Proposed seabed mining affected the marine environment and iwi interests; the decision-maker had not properly engaged with those interests.

What did Trans-Tasman Resources establish?

Tikanga may constitute applicable law in relevant statutory decision-making. Think: TRANS-TASMAN = APPLICABLE LAW.

What is kaitiakitanga?

Responsibilities of guardianship, care and protection.

What is mauri?

Life force or wellbeing associated with people, places and the environment.

Article 1: kāwanatanga vs sovereignty?

Kāwanatanga = authority to govern/administer. Sovereignty = ultimate law-making/governing authority. They are not necessarily equivalent.

Article 2: tino rangatiratanga vs possession?

Tino rangatiratanga is broader than simple possession because it concerns authority, control and self-determination.

What is tino rangatiratanga?

Authority, control and self-determination.

What is taonga?

Valued tangible or intangible things and interests.

What is the modern legal significance of Te Tiriti?

A founding document of constitutional significance shaping the Māori–Crown relationship. Relevant to statutory interpretation, public decisions and common-law development.

Is Te Tiriti automatically a directly enforceable free-standing claim?

Generally no. Direct legal enforcement usually depends on legislation incorporating Treaty obligations.

Name important Treaty principles.

Partnership, reciprocity, good faith, tino rangatiratanga, active protection, equity and redress.

Is there one fixed list of Treaty principles?

No. Relevant principles depend on the texts, context and legal issue.

What is the Waitangi Tribunal?

A permanent commission of inquiry investigating Māori claims concerning Crown acts/omissions and consistency with Treaty principles.

Is the Waitangi Tribunal a general court for private disputes?

No.

Ownership vs possession?

Ownership = legal interest/title. Possession = physical control + intention to possess. A person can possess something without owning it.

What is nemo dat?

A person generally cannot transfer better title than they themselves have.

What happened in Parker v British Airways?

A passenger found a bracelet in an airport lounge. BA had not shown sufficient control over lost property, so the finder had the stronger claim against BA.

Who has the strongest claim in Parker-type finder cases?

True owner > finder > occupier without sufficient prior control.

When might an occupier beat a finder?

Where the occupier has sufficiently demonstrated an intention to control the premises and property found there.

Real property vs personal property?

Real property = land and interests in land. Personal property = property other than land.

What is the Torrens system?

NZ land-title system based heavily on registration.

What is indefeasibility?

Strong legal protection given to registered land title under the Torrens system.

What interests may appear on a record of title?

Mortgages, leases, easements, covenants and caveats.

What is intellectual property?

Legally protected intangible commercial interests such as inventions, copyright works, trade marks and confidential information.