On Demand CPD

Supreme Court decision in Deng v Zheng Guidance on bringing relevant social and cultural information to the Court’s attention | CPD 1 hr

NZ Asian Lawyers, the New Zealand Law Society | Te Kāhui Ture o Aotearoa and the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture, in association with Buddle Findlay, bring you this recorded seminar, a case study on the recent decision of the Supreme Court in Deng v Zheng [2022] NZSC 76.  A copy of the judgment can be found here, and a copy of the Supreme Court's media release can be found here.

The Court considered evidence and submissions on the relevance of guānxi – interpersonal connections in the Chinese culture – to the partnership issues in the case.

The Court provided guidance on bringing this relevant information to the court’s attention when the social and cultural framework of one or more of the protagonists is relevant to determining the adjudicative issues between the parties.  In doing so the Court said that its comments did not address tikanga which it saw as raising special legal and historical issues.

The decision is significant in casting a light on:

• the different considerations that can apply to the assessment of evidence and legal relations if parties have a
• different social and cultural background to that of a judge; and
• the need to have regard to cultural dimensions in addressing legal issues and in ensuring adequate evidence and
• expert evidence is adduced to assist the Court.

The seminar was presented by:

The Honourable Justice David Goddard, who delivered the decision of the Court of Appeal in the case; and
Mai Chen, Senior Partner at Chen Palmer, President of New Zealand Asian Leaders.  Mai was one of the counsel who appeared on behalf of the Law Society in Deng v Zheng. She is the author of Culturally and Linguistically Diverse Parties in the Court: A Chinese Case Study (Superdiversity Institute of Law, Policy and Business, November 2019) cited in the Court of Appeal and Supreme Court judgments.

The seminar included introductions and commentary from:

Jacque Lethbridge, President of the New Zealand Law Society | Te Kāhui Ture o Aotearoa;
Paul Radich KC, President of the New Zealand Bar Association| Ngā Ahorangi Motuhake o te Ture;

CPD: 1 hr

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