Supreme Court of New Zealand — recent judgments: September 2024
Ratima v R [2024] NZSC 126
26 September 2024
Unsuccessful application by R for an extension of time to appeal against a sentence of ten years' imprisonment for violent robbery. R had been sentenced to the maximum term because it was a third strike offence.
Teika v Te Whatu Ora Health New Zealand [2024] NZSC 125
25 September 2024
Successful application by T for leave to appeal against dismissal of his appeal in relation to his application for a writ of habeas corpus.
The approved question was whether the Court of Appeal was correct to dismiss the appeal.
Austin v Roche Products (New Zealand) Limited [2024] NZSC 124
25 September 2024
Judgment of the Court regarding (a) a stay of A's appeal in relation to compensatory damages for injuries consequent on his consuming of a prescription drug, (b) return of security for costs and (c) an order returning the matter to the High Court. The stay had been granted to allow A to apply to reverse his cover under the Accident Compensation Act 2001 but that application had been unsuccessful.
Whangarei District Council v Daisley [2024] NZSC 123
25 September 2024
Successful applications by WDC for leave to appeal and cross-appeal against a Court of Appeal (CA) decision.
The approved questions were whether the CA was correct to (a) dismiss the appeal against a finding that WDC was liable in negligence and (b) allow the appeal against a finding that WDC was liable for misfeasance in public office.
Deliu v Auckland District Court [2024] NZSC 122
25 September 2024
Unsuccessful application by D for leave to appeal against a Court of Appeal (CA) decision that had (a) remitted criminal proceedings against D to the District Court for reconsideration of adjournment and (b) awarded costs against D in relation to his application for recall of the CA judgment.
Tūpuna Maunga o Tāmaki Makaurau Authority v Waru [2024] NZSC 121
24 September 2024
Unsuccessful application by TMTMA for leave to appeal directly from the High Court against a successful challenge by W to the granting of a resource consent by Auckland Council on a non-notified basis. The consent had allowed removal of exotic trees and planting of native vegetation on Ōtāhuhu / Mount Richmond.
Marshall v R [2024] NZSC 120
20 September 2024
Unsuccessful application by M for leave to appeal against a refusal to allow his plea of self-defence to be put to the jury in his trial for wounding with intent to cause grievous bodily harm.
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waiōweka [2024] NZSC 119
20 September 2024
Successful application by NIW and others for a prospective costs order in relation to WKW’s appeal against determinations of applications for customary marine title and protected customary rights under the Marine and Coastal Area (Takutai Moana) Act 2011.
Ford v R [2024] NZSC 118
18 September 2024
Unsuccessful application by F for leave to appeal against a refusal to allow his plea of self-defence to be put to the jury in his trial for wounding with intent to cause grievous bodily harm.
Beca Carter Hollings & Ferner Ltd v Wellington City Council [2024] NZSC 117
18 September 2024
Unsuccessful appeal by BCHFL against a finding that WCC’s claim against BCHFL for contribution as a joint tortfeasor was not prevented by the longstop provision in the Building Act 2004. WCC was being sued for damages by the Bank of NZ in relation to a building that had been irreparably damaged in the 2016 Kaikoura earthquake.
The majority found that s 393(2) Building Act 2004 did not override s 34 Limitation Act 2010. The minority would have allowed BCHFL’s appeal.
Lassnig v Zhou [2024] NZSC 116
17 September 2024
Successful application by L for leave to appeal in relation to division of assets of a family trust.
The approved question was whether the Court of Appeal was correct in its analysis under s 182 Family Proceedings Act 1980.
Marong v R [2024] NZSC 115
13 September 2024
Unsuccessful application by M to set aside the abandonment of his appeal against conviction for murder. M had been found guilty of murdering a sex worker and setting her body on fire. M had admitted killing the victim. Wished to argue on appeal that (a) he had been insane because he had not been taking his insulin before the murder and (b) the trial Judge had wrongly admitted evidence of M's DNA and about conversations where M admitted the offences.
13 September 2024
Unsuccessful application by CCJWAL for leave to appeal against dismissal of its application for judicial review of activities of the Royal Commission. CCJWAL had objected to being included in the Royal Commission's investigation on the grounds that it was not involved in the systematic care of young or vulnerable people. Terms of reference for the Royal Commission had subsequently been amended to clarify the definition of being ‘in the care of faith-based institutions’. CCJWAL wished to challenge the Court of Appeal's findings on the scope of the terms of reference prior to the amendment.
Moore v Māori Land Court [2024] NZSC 113
12 September 2024
Unsuccessful application by M for leave to appeal against refusal of his claim for judicial review of a Māori Land Court (MLC) decision. The MLC had found that there was no mistake in a 1958 partition order in relation to the beneficiaries of a block of Māori land.
Seafood New Zealand Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2024] NZSC 111
12 September 2024
Successful appeal by SNZL in relation to the setting of the Total Allowable Catch for the East Coast tarakihi fishery by the Minister of Fisheries in 2019. RFBPS had successfully brought a judicial review challenging the basis for the Minister’s decision. At issue on appeal was the period appropriate for rebuilding the tarakihi stock, and the role of guideline documents in the decision-making process.
Dai v Professional Conduct Committee of the New Zealand Institute of Chartered Accountants [2024] NZSC 109
06 September 2024
Unsuccessful application by D for recall of a judgment that had refused her leave to appeal in relation to filing fee and security for costs waivers.
Deliu v Attorney-General [2024] NZSC 108
06 September 2024
Unsuccessful application by D for leave to appeal against a refusal to waive security for costs in his judicial review proceedings.
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.