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Supreme Court of New Zealand — recent judgments: April 2024

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A summary of decisions delivered in April 2024 by the Supreme Court, available on Westlaw New Zealand.

Taylor v Commissioner of Inland Revenue  [2024] NZSC 44

30 April 2024

Unsuccessful application by T for an extension of time to apply for leave to appeal a decision of the Court of Appeal declining his application for an extension of time.

 

Rohit v Daya  [2024] NZSC 43

30 April 2024

Unsuccessful application by R for leave to appeal against dismissal of his claim in relation to governance of the Yogi Divine Society (NZ) Inc.

 

Strange v Casey Farms Ltd  [2024] NZSC 42

30 April 2024

Unsuccessful application by S for leave to appeal against directions given by the Court of Appeal in relation to S’s application for leave to appeal to that Court.

 

Slavich v Wellington District Court  [2024] NZSC 41

29 April 2024

Unsuccessful application by S for recall of the Court's judgment that had declined to review a decision of the Deputy Registrar.

 

Hojsgaard v Registrar-General of Land  [2024] NZSC 40

24 April 2024

Unsuccessful application by H for leave to appeal against refusal to grant him compensation in relation to a land partition order that had relied on an inaccurate cadastral survey.

 

Kaye v Norris Ward McKinnon  [2024] NZSC 39

23 April 2024

Unsuccessful application by K for leave to apply for recall of a judgment issued in December 2021, which had refused an extension of time to apply for leave to appeal.

 

Dai v Professional Conduct Committee of the New Zealand Institute of Chartered Accountants  [2024] NZSC 38

22 April 2024

Unsuccessful application by D for leave to appeal against decisions that had refused to (a) stay execution of a costs judgment, (b) waive a filing fee and (c) dispense with security for costs.

 

Burke v R  [2024] NZSC 37

22 April 2024

Successful appeal by B against conviction for manslaughter. B had been charged with being party to murder but was found guilty by a jury of manslaughter.

The key issue was the scope of joint enterprise liability under s 66(2) Crimes Act 1961.

 

Rafiq v Chief Executive for the Department of Internal Affairs  [2024] NZSC 36

19 April 2024

Unsuccessful application by R for leave to appeal against a refusal to waive security for costs for his appeal against a judgment that had (a) partly allowed his claim of an error in relation to his citizenship application and (b) refused to award him damages.

 

Christian v Bain  [2024] NZSC 35

18 April 2024

Unsuccessful application by C for leave to appeal against dismissal of his claim of defamation. B’s defence of responsible communication on a matter of public interest had been accepted by the High Court and Court of Appeal.

 

J v Attorney-General  [2024] NZSC 34

18 April 2024

Successful application by J for leave to appeal in relation to a compulsory care order.

The approved question was whether the Court of Appeal was correct to dismiss J's appeals. Counsel were directed to address (a) the approach adopted in RIDCA Central (Regional Intellectual Disability Care Agency) v VM [2011] NZCA 659 and (b) potential breaches of New Zealand Bill of Rights Act 1990.

 

Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui Takutai Moana o Ngā Whānau Me Ngā Hapū o Te Whakatōhea  [2024] NZSC 33

17 April 2024

Successful application for leave to appeal against a refusal to grant customary marine title and protected customary rights to WKW and others.

 

Sixtus v Ardern  [2024] NZSC 32

18 April 2024

Unsuccessful application by S for an extension of time to file an application for leave to appeal against the striking out of her application for judicial review.

 

H v R  [2024] NZSC 31

15 April 2024

Successful application by H for leave to appeal against a Court of Appeal (CA) decision. The approved question was whether the CA was correct to dismiss certain appeals.

 

Slavich v Wellington District Court  [2024] NZSC 30

16 April 2024

Unsuccessful application by S for review of a Deputy Registrar's decision that had declined his application for leave to appeal against a Court of Appeal direction.

 

M (SC 13/2023) v R  [2024] NZSC 29

23 April 2024

Unsuccessful appeals by M and LF against refusal of permanent name suppression for LF in relation to his conviction for sexual offending as a young person. M had been granted name suppression as a person connected to LF.

At issue was the interaction of youth justice principles with the principle of open justice.

 

Rewa v R  [2024] NZSC 28

10 April 2024

Unsuccessful application by R for leave to appeal against conviction for murder.  

 

Zheng v R  [2024] NZSC 27

10 April 2024

Unsuccessful application by Z for leave to appeal against conviction for knowingly providing false or misleading information to the Serious Fraud Office.

 

Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency  [2024] NZSC 26

11 April 2024

Successful appeal by RFBPS against an appointed Board of Inquiry’s decision to approve the East West Link project. The project proposed an arterial road in Auckland that would run along northern shore of the ecologically significant Mangere inlet.

Key issue was how the Auckland Unitary Plan and NZ Coastal Policy Statement interacted. The proposal was a non-complying activity. Likely adverse effects included permanent loss of wading and shore bird habitats and permanent loss of lava shrubland and raupo.

 

Gibson-Park v R  [2024] NZSC 25

09 April 2024

Unsuccessful application by G-P for leave to appeal against conviction for murder and arson.

Jane Dawson
By Jane Dawson

Jane Dawson is a Senior Cases Editor in the New Zealand Primary Law team at Thomson Reuters. She completed a LLB at Victoria University in 2018 and also holds degrees in music from Otago University.

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