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Supreme Court of New Zealand — recent judgments: May 2024

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

Re Slavich  [2024] NZSC 66

31 May 2024

Unsuccessful application by S for review of the Deputy Registrar’s refusal to waive a filing fee in relation to S’s application for leave to appeal.

 

Griffiths v Island Grace (Fiji) Ltd (in liquidation)  [2024] NZSC 62

31 May 2024

Unsuccessful application by G, as sole director of Satori Holdings Ltd (SHL), for leave to appeal against the placing of SHL into liquidation.

 

Henderson v Attorney-General  [2024] NZSC 61

29 May 2024

Unsuccessful application by H for leave to appeal against dismissal of his judicial review application. H had applied to review a decision to stay a prosecution of him for three insolvency offences.

 

The Pathway Trust v NZME Publishing Ltd  [2024] NZSC 60

20 May 2024

Unsuccessful application by TPT for leave to appeal against refusal of name suppression in relation to its involvement with Joseph Brider (JB). TPT had been providing reintegration services to JB following his release on parole. JB had been charged with murdering a neighbour while living in a TPT property. NZMEPL and another had successfully appealed against the grant of name suppression to TPT.

 

Burke v R  [2024] NZSC 59

16 May 2024

Judgment of the Court regarding B's sentence following his successful appeal.

B’s conviction for manslaughter had earlier been quashed by the Court and a conviction for injuring with intent to injure substituted. At issue was the scope of joint enterprise liability under s 66(2) Crimes Act 1961.

 

Haines v Bassett-Burr  [2024] NZSC 57

14 May 2024

Unsuccessful application by H and others for leave to appeal against a Court of Appeal decision that had concluded that costs should not have been ordered against a non-party.

 

Alalääkkölä v Palmer  [2024] NZSC 56

09 May 2024

Successful application by A for leave to appeal against a decision regarding the classification of copyright for the purposes of Property (Relationships) Act 1976.

The approved question was whether the Court of Appeal was correct in the answers given to the questions of law before it.

 

Heke-Gray v R  [2024] NZSC 54

09 May 2024

Unsuccessful application by H for leave to appeal against his convictions for sexual offending.

 

Body Corporate Number DPS 91535 v 3A Composites GmbH  [2024] NZSC 53

09 May 2024

Unsuccessful applications by BC and CG for leave to appeal and cross-appeal against certain decisions about consumer guarantees and fair trading in relation to a building cladding product.

 

O'Neill v Hipkins  [2024] NZSC 52

09 May 2024

Unsuccessful application by O for leave to appeal against the striking out of his appeal in relation to judicial review proceedings he had brought against the Judicial Conduct Commissioner.

 

Wright v R  [2024] NZSC 55

08 May 2024

Unsuccessful application by W for leave to appeal against conviction for sexual violation by unlawful sexual connection and rape. W wished to argue that (a) his age of 17 years at the time was relevant to his belief in consent and (b) the trial Judge should have directed the jury about motives for the complainant to lie.

 

Slessor v Commissioner of Police  [2024] NZSC 48

08 May 2024

Unsuccessful application by S for leave to appeal against an order that money seized in 2011 and retained in error could be used in part satisfaction of a subsequent profit forfeiture order.

 

Patel v Patel  [2024] NZSC 51

07 May 2024

Unsuccessful application by JP for leave to appeal against dismissal of her claims that properties held by her brother HP and others were held under a constructive trust. JP's claims related to transfers of property to HP by their parents, who had subsequently died.

 

R v Chief Executive of the Department of Corrections  [2024] NZSC 47

07 May 2024

Successful appeal by R against dismissal of his appeal against confirmation by the High Court of an extended supervision order (ESO) made against him in 2017.

R was 69, had an intellectual disability and had spent most of his life in institutional care. Had been found unfit to stand trial for a series of sexual offences against women and girls, beginning when he was aged 14. R had been a special patient in secure care facilities, from which he tended to escape. Was subject to both the ESO made under Parole Act 2002 and a compulsory care order made in 2019 under Criminal Procedure (Mentally Impaired Persons) Act 2003.

 

Grinder v Attorney-General  [2024] NZSC 50

06 May 2024

Successful application by G for leave to appeal in relation to special conditions imposed when he was released on parole while subject to preventive detention.

The approved questions were (a) whether the Court of Appeal had been correct to allow the A-G's appeal and (b) the proper approach to special conditions in those circumstances.

 

Obiaga v Attorney-General  [2024] NZSC 49

06 May 2024

Unsuccessful application by O for leave to appeal against dismissal of his judicial review claim. O had claimed that the regulations used by Department of Corrections to determine a prisoner's security classification were ultra vires.

 

Bolea v R  [2024] NZSC 46

03 May 2024

Successful appeal by B against dismissal of her appeal against a sentence of four months’ home detention on charges of participation in organised criminal group manufacturing and distributing methamphetamine.

B was an Australian national. Had pleaded guilty and sought discharge without conviction on the grounds that the likely prospect of her deportation to Australia, resulting in family separation, was a consequence out of proportion to the offending.

 

B v R  [2024] NZSC 45

02 May 2024

Unsuccessful application by B for leave to appeal against conviction for sexual assault and indecency.

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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