Supreme Court of New Zealand — recent judgments: April 2024
Taylor v Commissioner of Inland Revenue [2024] NZSC 44
30 April 2024
Unsuccessful application by T for an extension of time to apply for leave to appeal a decision of the Court of Appeal declining his application for an extension of time.
Rohit v Daya [2024] NZSC 43
30 April 2024
Unsuccessful application by R for leave to appeal against dismissal of his claim in relation to governance of the Yogi Divine Society (NZ) Inc.
Strange v Casey Farms Ltd [2024] NZSC 42
30 April 2024
Unsuccessful application by S for leave to appeal against directions given by the Court of Appeal in relation to S’s application for leave to appeal to that Court.
Slavich v Wellington District Court [2024] NZSC 41
29 April 2024
Unsuccessful application by S for recall of the Court's judgment that had declined to review a decision of the Deputy Registrar.
Hojsgaard v Registrar-General of Land [2024] NZSC 40
24 April 2024
Unsuccessful application by H for leave to appeal against refusal to grant him compensation in relation to a land partition order that had relied on an inaccurate cadastral survey.
Kaye v Norris Ward McKinnon [2024] NZSC 39
23 April 2024
Unsuccessful application by K for leave to apply for recall of a judgment issued in December 2021, which had refused an extension of time to apply for leave to appeal.
Dai v Professional Conduct Committee of the New Zealand Institute of Chartered Accountants [2024] NZSC 38
22 April 2024
Unsuccessful application by D for leave to appeal against decisions that had refused to (a) stay execution of a costs judgment, (b) waive a filing fee and (c) dispense with security for costs.
Burke v R [2024] NZSC 37
22 April 2024
Successful appeal by B against conviction for manslaughter. B had been charged with being party to murder but was found guilty by a jury of manslaughter.
The key issue was the scope of joint enterprise liability under s 66(2) Crimes Act 1961.
Rafiq v Chief Executive for the Department of Internal Affairs [2024] NZSC 36
19 April 2024
Unsuccessful application by R for leave to appeal against a refusal to waive security for costs for his appeal against a judgment that had (a) partly allowed his claim of an error in relation to his citizenship application and (b) refused to award him damages.
Christian v Bain [2024] NZSC 35
18 April 2024
Unsuccessful application by C for leave to appeal against dismissal of his claim of defamation. B’s defence of responsible communication on a matter of public interest had been accepted by the High Court and Court of Appeal.
J v Attorney-General [2024] NZSC 34
18 April 2024
Successful application by J for leave to appeal in relation to a compulsory care order.
The approved question was whether the Court of Appeal was correct to dismiss J's appeals. Counsel were directed to address (a) the approach adopted in RIDCA Central (Regional Intellectual Disability Care Agency) v VM [2011] NZCA 659 and (b) potential breaches of New Zealand Bill of Rights Act 1990.
Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui Takutai Moana o Ngā Whānau Me Ngā Hapū o Te Whakatōhea [2024] NZSC 33
17 April 2024
Successful application for leave to appeal against a refusal to grant customary marine title and protected customary rights to WKW and others.
Sixtus v Ardern [2024] NZSC 32
18 April 2024
Unsuccessful application by S for an extension of time to file an application for leave to appeal against the striking out of her application for judicial review.
H v R [2024] NZSC 31
15 April 2024
Successful application by H for leave to appeal against a Court of Appeal (CA) decision. The approved question was whether the CA was correct to dismiss certain appeals.
Slavich v Wellington District Court [2024] NZSC 30
16 April 2024
Unsuccessful application by S for review of a Deputy Registrar's decision that had declined his application for leave to appeal against a Court of Appeal direction.
M (SC 13/2023) v R [2024] NZSC 29
23 April 2024
Unsuccessful appeals by M and LF against refusal of permanent name suppression for LF in relation to his conviction for sexual offending as a young person. M had been granted name suppression as a person connected to LF.
At issue was the interaction of youth justice principles with the principle of open justice.
Rewa v R [2024] NZSC 28
10 April 2024
Unsuccessful application by R for leave to appeal against conviction for murder.
Zheng v R [2024] NZSC 27
10 April 2024
Unsuccessful application by Z for leave to appeal against conviction for knowingly providing false or misleading information to the Serious Fraud Office.
Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency [2024] NZSC 26
11 April 2024
Successful appeal by RFBPS against an appointed Board of Inquiry’s decision to approve the East West Link project. The project proposed an arterial road in Auckland that would run along northern shore of the ecologically significant Mangere inlet.
Key issue was how the Auckland Unitary Plan and NZ Coastal Policy Statement interacted. The proposal was a non-complying activity. Likely adverse effects included permanent loss of wading and shore bird habitats and permanent loss of lava shrubland and raupo.
Gibson-Park v R [2024] NZSC 25
09 April 2024
Unsuccessful application by G-P for leave to appeal against conviction for murder and arson.