Supreme Court of New Zealand - recent judgments: December 2024
Re Slavich [2024] NZSC 187
20 December 2024
Unsuccessful application by S for recall of a judgment that had declined to review a Deputy Registrar's refusal to waive a filing fee.
ANZ Bank New Zealand Ltd v Simons [2024] NZSC 186
20 December 2024
Unsuccessful application by ANZ for leave to appeal against the making of a common fund order in a representative action brought by S.
Tamihere v R [2024] NZSC 185
20 December 2024
Successful application by T for leave to appeal in relation to his convictions for murder.
The approved question was whether the Court of Appeal was correct not to exercise its jurisdiction to quash T's convictions.
Kuru v R [2024] NZSC 184
20 December 2024
Successful appeal by K against conviction for being party to manslaughter. K argued that the jury’s verdict was unreasonable because the evidence was insufficient to establish guilt.
Tadd Management Ltd v Weine [2024] NZSC 183
20 December 2024
Unsuccessful application by TML for leave to appeal against a finding that TML had not purchased a building from W in reliance on a mutual mistake. The building's earthquake strength had been initially assessed as 60 per cent but that had been found to be a significant overestimate after the purchase.
Soroka v Waikato District Council [2024] NZSC 182
20 December 2024
Unsuccessful application by S for leave to appeal against WDC’s refusal to issue him with further subdivision rights after he registered a protective covenant over a block of mature native bush.
Cooper v Pinney [2024] NZSC 181
20 December 2024
Unsuccessful appeal by C against a finding that assets of a family trust were not P’s property for the purposes of the Property (Relationships) Act 1976.
Page v Greater Wellington Regional Council [2024] NZSC 179
20 December 2024
Unsuccessful application by P for leave to appeal against (a) sentences imposed on him and his partner Julie Crosbie for Resource Management Act 1991 offending and (b) refusal to award them costs after their partially successful appeal against conviction.
Attorney-General v Chisnall [2024] NZSC 178
19 December 2024
Partially successful appeal by A-G against a determination that the Extended Supervision Order regime and Public Protection Order regime were inconsistent with s 26(2) New Zealand Bill of Rights Act 1990.
Rasier Operations BV v E Tū Inc [2024] NZSC 177
19 December 2024
Successful application by ROBV and others for leave to appeal.
The approved question was whether four Uber drivers were employees in relation to s 6 Employment Relations Act 2000.
Halse v Rangiura Trust Board [2024] NZSC 176
19 December 2024
Unsuccessful application by H for recall of a judgment that had refused him leave to appeal in relation to an order prohibiting him from bringing civil proceedings.
Slavich v R [2024] NZSC 175
19 December 2024
Unsuccessful application by S for recall of a judgment that had declined his earlier application for recall.
Fitzgerald v Attorney-General [2024] NZSC 180
18 December 2024
Successful application by F for leave to appeal against a Court of Appeal (CA) decision which had reversed an award of damages for arbitrary detention.
The approved question was whether the CA had been correct to allow A-G’s appeal.
Coulson v Auckland High Court [2024] NZSC 174
18 December 2024
Successful application by C for review of a Deputy Registrar's decision declining to accept for filing an application for leave to appeal.
Legler v Formannoij [2024] NZSC 173
18 December 2024
Unsuccessful appeal by the Ls against dismissal of their challenge to F's appointment of her company Kaahu Trust Ltd as sole trustee of Kaahu Trust in her place.
Parsons v Chief Executive of the Department of Corrections [2024] NZSC 172
13 December 2024
Unsuccessful application by P for leave to appeal against confirmation of an extended supervision order (ESO). P had been imprisoned for abduction and rape of a child under 16. After release, he had been subject to two 10 year ESOs.
Singh v R [2024] NZSC 171
11 December 2024
Unsuccessful application by S for leave to appeal against conviction for sexual violation by rape. S wished to argue that the trial Judge's direction to the jury on standard of proof was inadequate.
Memelink v Body Corporate 68792 [2024] NZSC 170
06 December 2024
Unsuccessful application by M for leave to appeal in relation to a refusal to dispense with security for costs for his appeal against an extended restraining order.
Nicolson v Lowther [2024] NZSC 169
06 December 2024
Unsuccessful application by N for recall of judgment which had declined leave to appeal. N sought recall on the basis that a costs award in favour of L and others should be quashed.
Yad-Elohim v R [2024] NZSC 168
06 December 2024
Unsuccessful application by Y-E for leave to appeal against conviction for murder. Y-E had submitted new evidence indicating that he was delusionary at the time of the murder.
Nottingham v Currie [2024] NZSC 167
05 December 2024
Unsuccessful application by N for leave to appeal against refusal to grant an extension of time for him to file an appeal against a refusal to strike out a claim brought by C.
Arena Alceon NZ Credit Partners, LLC v Grant [2024] NZSC 166
05 December 2024
Unsuccessful application by AANZCP and another for leave to appeal against a Court of Appeal decision. G and another as liquidators of two companies had issued notices under ss 239AG and 261 Companies Act 1993 and had, by leave of the Court, served the notices in the US. The High Court had refused to set aside AANZCP's protest to jurisdiction, but the CA had allowed G's appeal against that decision.
Craig v Police [2024] NZSC 165
05 December 2024
Unsuccessful application by C for leave to appeal against conviction and sentence for three charges of breach of protection order and one charge each for possession of cannabis and refusal to give particulars to enable the unlocking of his mobile phone.
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waioweka [2024] NZSC 164
02 December 2024
Successful appeal by A-G against a Court of Appeal determination about the interpretation of s 58 Marine and Coastal Area (Takutai Moana) Act 2011 in relation to customary marine title.