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Supreme Court of New Zealand — recent judgments: November 2024

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

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.

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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