Yellow flags indicate that the case you are reading has had some doubt cast on it. Red flags indicate that the case is no longer good for at least one point of law.

Below are explanations of the considerations that trigger a flag warning. You can set up an alert to be notified if the status of a case changes - see our Creating a KeyCite Alert in Westlaw New Zealand video.

Citing case flags

Overruled by – A subsequent case (in a higher court) has substantially identical facts to this case and the higher court held that the principles of law expressed in this case are wrongly stated.

Disapproved by – A subsequent case (in a higher court) has held that some principles of law expressed in this case are not good law.

Not followed by – The court in a subsequent case has refused to apply principles of law expressed in this case.  Used when the law has changed or moved on.

Questioned by – Where the subsequent case, without definitively stating that the principles of law expressed in this case are wrong, offered reasons that seem to show that such principles are stated inaccurately.

Distinguished by – This case is not questioned but some essential difference between it and the subsequent case is pointed out.  The difference is almost always based on the facts of the two cases involved.

Case on appeal flags (litigation history)

Reversed by - The decision in this case has been found on appeal to be incorrect.

Varied by - The decision in this case has been partly affirmed and partly reversed on appeal, or some alteration has been made by the subsequent case to the orders of the court in this case.

Reversed in part by - The decision in this case has been found on appeal to be more incorrect than correct.

Special leave to appeal granted by - An application was made for special leave to appeal from the decision in this case and that special leave has been granted.