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Supreme Court of New Zealand - recent judgments: July 2023

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A summary of decisions delivered in July 2023 by the Supreme Court, available on Westlaw New Zealand.

Re Dunstan  [2023] NZSC 96

31 July 2023

Unsuccessful application by D for leave to appeal directly from a High Court (HC) decision. The HC Judge had declined to deal with documents that D wished to file in relation to earlier interlocutory minutes.

 

Roebeck v Attorney-General  [2023] NZSC 95

31 July 2023

Unsuccessful application by R and Ngāti Paoa Trust Board (NPTB) for leave to bring a direct appeal against a High Court decision that had dismissed R's judicial review proceedings. R and NPTB were challenging decisions by the Crown and the Waitangi Tribunal to accept a ratification process in relation to a Treaty settlement.

The ratification process had been initiated by Ngāti Pāoa Iwi Trust (NPIT) and one of the negotiators. The majority of voters had supported (a) the proposed settlement and (b) transfer of trusteeship land from NPTB to NPIT. Legislation to settle Ngāti Pāoa Treaty claims had been introduced to Parliament following the HC decision. 

 

D v N  [2023] NZSC 94

28 July 2023

Unsuccessful application by D for leave to appeal against a refusal to review the Deputy Registrar's decision to seal certain judgments of the Court of Appeal.

 

Tamiefuna v R  [2023] NZSC 93

28 July 2023

Successful application by T for leave to appeal against a finding that improperly obtained photographic evidence had been admissible in his trial for aggravated robbery.

The approved question was whether the Court of Appeal had been correct to dismiss T's appeal. The focus would be on (a) whether the evidence was improperly obtained and (b) whether it was correctly admitted.

 

Dunstan v Attorney-General  [2023] NZSC 92

27 July 2023

Unsuccessful application by D for an extension of time to apply for leave to appeal directly from the High Court in relation to a Benefits Review Committee hearing.

 

Re Dai  [2023] NZSC 91

27 July 2023

Unsuccessful application by D for review of the Deputy Registrar's refusal to consider her application for a waiver of the filing fee for her appeal.

 

Nottingham v Attorney-General  [2023] NZSC 90

27 July 2023

Successful application by N and Robert McKinney for review of the Deputy Registrar's refusal to waive the fee for filing an appeal.

 

Dunstan v Bank of New Zealand  [2023] NZSC 89

26 July 2023

Unsuccessful application by D for leave to appeal against the striking out of her claim for summary judgment. BNZ had refused to accept a promissory note in which D had promised to pay off a home loan taken out by third parties.

 

O’Neill v Judicial Conduct Commissioner  [2023] NZSC 88

19 July 2023

Unsuccessful application by O for leave to appeal against the striking out of his application for judicial review.

 

Xing v Li  [2023] NZSC 87

19 July 2023

Costs judgment following X's unsuccessful application for leave to appeal against refusal to waive security for costs.

 

S v Attorney-General  [2023] NZSC 86

18 July 2023

Unsuccessful application by S for leave to appeal against the striking out of his judicial review proceedings. S had been convicted in 2010 on seven charges of serious sexual offending. Had applied to review a District Court Judge's decision to commit him for trial. Wished to argue that the decision was defective because the Judge had admitted the complainant's evidential video interview despite it not being made on oath.

 

Sixtus v Ardern  [2023] NZSC 84

12 July 2023

Unsuccessful application by S for an extension of time to apply for leave to appeal against refusal by the Court of Appeal to waive a filing fee.

 

D v Auckland District Court  [2023] NZSC 83

07 July 2023

Unsuccessful application by D for leave to appeal against refusal of her applications in relation to judicial review of a District Court decision.

 

Estate of Eric John Tupai Ruru v Attorney-General  [2023] NZSC 82

05 July 2023

Unsuccessful application, out of time, by R's Estate and Alan Haronga for leave to appeal directly from a High Court (HC) decision. The A-G had applied for judicial review of a Waitangi Tribunal (WT) decision that recommended resumption in relation to Crown Forest licensed lands. Had been unsuccessful on three out of four grounds for review.

The proposed appeal would challenge the HC's finding that the WT had acted unlawfully in relation to the fourth ground. Appeals had also been filed in the Court of Appeal by both the Estate and the A-G.

 

D v Family Court at Manukau  [2023] NZSC 81

04 July 2023

Unsuccessful application by D for leave to appeal against the refusal by the Court of Appeal (CA) to grant her an extension of time to appeal. D had sought to appeal to the CA against the dismissal of her claim for judicial review of Family Court decisions in relation to parenting orders.

 

Cooper v Pinney  [2023] NZSC 80

03 July 2023

Successful application by C for leave to appeal against a finding that P's powers under a trust deed were not relationship property. The approved question was whether the Court of Appeal had been correct to dismiss C's appeal.

 

Roper v Taylor  [2023] NZSC 79

03 July 2023

Costs judgment following the Court's decision that (a) T could not sue for compensatory damages for false imprisonment and (b) the accident compensation regime barred her claim for damages.

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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