Daniel Clinton Fitzgerald v R

CourtSupreme Court
Judgment Date07 October 2021
Neutral Citation[2021] NZSC 131
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10 cases
  • Daniel Clinton Fitzgerald v R
    • New Zealand
    • Supreme Court
    • October 7, 2021
    ...to the High Court for re-sentencing. ____________________________________________________________________ DANIEL CLINTON FITZGERALD v R [2021] NZSC 131 [7 October SUMMARY OF RESULT (Given by the Court) [1] The Court has unanimously dismissed Mr Fitzgerald’s appeal against conviction and, by......
  • Four Midwives, NZDSOS and NZTSOS v Minister For COVID-19 Response
    • New Zealand
    • High Court
    • November 12, 2021
    ...1; Cropp v Judicial Committee [2008] NZSC 46, [2008] 3 NZLR 774; D (SC 31/2019) v New Zealand Police [2021] NZSC 2; and Fitzgerald v R [2021] NZSC 131. the application of the Bill of Rights, which are explicitly preserved. Mr Perkins accepts the principle of legality is engaged in relation ......
  • Four Aviation Security Service Employees v Minister of COVID-19 Response
    • New Zealand
    • High Court
    • November 8, 2021
    ...that the answer depended on local conditions and that this was not strictly before the Court – [176]. Daniel Clinton Fitzgerald v R [2021] NZSC 131. had not been demonstrably justified would the search for an alternative meaning become necessary.40 I note that the Court of Appeal in Borrowd......
  • Chisnall v The ATTORNEY-GENERAL
    • New Zealand
    • Court of Appeal
    • November 22, 2021
    ...Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at [6.5.2]–[6.5.3] (footnotes omitted). Fitzgerald v R [2021] NZSC 131 at [38], [47] and [78] per Winkelmann CJ, [160] and per O’Regan and Arnold JJ and [241] and [244] per Glazebrook J. To similar effect are th......
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