Supreme Court of New Zealand — recent judgments: November 2024
Haines v Memelink [2024] NZSC 163
28 November 2024
Unsuccessful application by H and others for leave to appeal against refusals to (a) extend time to file an appeal and (b) recall that refusal judgment.
O'Neill v The Privacy Commissioner [2024] NZSC 162
28 November 2024
Unsuccessful application by O for leave to appeal against the striking out of his two applications for judicial review.
A v D and E Ltd [2024] NZSC 161
28 November 2024
Unsuccessful appeal by A, B and C against the Court of Appeal's finding that their father had not owed them fiduciary duties so had not breached those duties when he transferred his assets to a trust of which they were not beneficiaries. A, B and C had been abused by their father when they were children and had sought to make a claim against the father's estate under the Family Protection Act 1955.
Solicitor-General’s Reference (No 1 of 2024) [2024] NZSC 160
27 November 2024
Successful application by the S-G for leave to refer two questions of law arising from Nikoloff v R [2024] NZCA 318 to the Court.
The approved questions were (a) whether defective leave to prosecute given on behalf of the Attorney-General was able to be rectified by ratification and (b) whether the trial of Mr Nikoloff was a nullity.
Deliu v Attorney-General [2024] NZSC 159
22 November 2024
Unsuccessful application by D for recall of a judgment that had refused him leave to appeal.
Hoeberechts v Commissioner of Inland Revenue [2024] NZSC 156
15 November 2024
Unsuccessful application by H for review of the Registrar's refusal to waive the filing fee for H's application for leave to appeal. H wished to appeal in relation to a lump sum payment by Accident Compensation Corporation.
Shute v R [2024] NZSC 158
14 November 2024
Unsuccessful application by S for leave to appeal against a sentence of two years, two months' imprisonment for assault and manslaughter. S wished to argue for a different approach to youth sentencing.
Toa v R [2024] NZSC 157
14 November 2024
Unsuccessful application by T for leave to appeal against conviction for sexual violation. Trial Judge had given the jury an intoxication direction but not a reliability warning.
Walker v R [2024] NZSC 155
14 November 2024
Unsuccessful application by W for leave to appeal against sentence and conviction for possessing 42 cannabis plants which were cultivated for his own use.
L v R [2024] NZSC 153
11 November 2024
Unsuccessful appeal by L in relation to his convictions for sexual offending against his stepdaughter N. The Court of Appeal had upheld a ruling that evidence from a defence witness had been unadmissible as hearsay evidence under s 16(2)(b) Evidence Act 2006. The trial Judge had found that the witness was unavailable because of her unwillingness rather than because it was not ‘reasonably practicable’ for her to give evidence.
Johnston v R [2024] NZSC 154
08 November 2024
Unsuccessful application by J for leave to appeal against a decision refusing him bail pending appeal against conviction for sexual offending.
Dotcom v Attorney-General [2024] NZSC 150
08 November 2024
Unsuccessful application by D for leave to appeal in relation to (a) the sending of seized devices to the United States and (b) releasing Police officers from undertakings not to disclose passwords for those devices. The devices had been seized following a request from US authorities who were seeking to extradite D on charges of racketeering, copyright infringement and money laundering.
Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency [2024] NZSC 151
07 November 2024
Judgment of the Court regarding costs following a largely successful appeal by RFBPS against the granting of approvals to build a new link road in Auckland.
Gordon v Attorney-General [2024] NZSC 149
06 November 2024
Unsuccessful application by G and another for leave to appeal against a refusal to grant them a protective costs order for their challenge to the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Rea v Auckland Council [2024] NZSC 148
06 November 2024
Unsuccessful application by the Rs for leave to appeal against the striking out of their claim in negligence against AC in relation to the issuing of a building code compliance certificate. The claim had been found to be outside the limitation period.
Deliu v Attorney-General [2024] NZSC 147
01 November 2024
Unsuccessful applications by D for (a) leave to appeal in relation to the Court of Appeal's refusal to waive security for costs and (b) recall of a minute which had dismissed his interlocutory applications.
Dunstan v Chief Executive of the Department of Corrections [2024] NZSC 146
01 November 2024
Unsuccessful application by D for review of a Registrar's decision declining to accept her notice of application for leave to appeal. D was subject to an order restraining her from commencing or continuing civil proceedings in any of the senior courts without leave but had not obtained leave.
D v Chief Executive of Oranga Tamariki [2024] NZSC 145
01 November 2024
Unsuccessful application by D for review of the Registrar's refusal to accept her application for leave to appeal. D was a restricted litigant and had not first obtained leave to file her notice of application.
Hoeberechts v Commissioner of Inland Revenue [2024] NZSC 144
01 November 2024
Unsuccessful application by H for leave to appeal against a decision regarding the tax assessment on her lump sum payment for backdated Accident Compensation Corporation entitlements.