Anderson v NZI International Acceptances Ltd  [2023] NZSC 64

31 May 2023

Unsuccessful application by A for leave to appeal against a 1999 High Court decision that had struck out A’s proceedings in relation to a 1988 mortgagee sale.

Cresswell v Roberts  [2023] NZSC 62

25 May 2023

Unsuccessful applications by C for (a) an extension of time to apply for leave to appeal against procedural decisions of the Court of Appeal (CA) and (b) leave to appeal against return of her children to France. The Family Court had granted R's application for return of the children. C had successfully appealed to the High Court which had found a grave risk to the children due to adverse effects of the return on C's mental health. That decision had been reversed by the CA. C wished to challenge the CA's procedural decisions that had (a) granted R leave to appeal and to adduce new evidence and (b) refused her application for adjournment.

E v R  [2023] NZSC 61

23 May 2023

Successful application by E for leave to appeal against refusal of name suppression for a connected person LF in relation to LF's sexual offending. Successful application by LF for leave to appeal against refusal to grant him permanent name suppression.

The Court found that the proposed appeals raised important questions about the interaction between (a) open justice and (b) youth justice, rehabilitation and risks arising from publication.

Locke v R  [2023] NZSC 60

18 May 2023 

Unsuccessful application by L for leave to appeal against conviction for murder. L had admitted stabbing the victim but denied murderous intent.

Thompson v R  [2023] NZSC 59

17 May 2023

Unsuccessful application by T for an extension of time to apply for leave to appeal against a minimum period of imprisonment (MPI) imposed for supply of methamphetamine. T had been sentenced to 13 years' imprisonment with an MPI of six years and six months after pleading guilty.

Dunstan v Police  [2023] NZSC 58

17 May 2023

Unsuccessful application by D for (a) leave to appeal against a District Court judgment and (b) recusal of three specified Supreme Court Judges from cases involving her.

DFT v Auckland High Court  [2023] NZSC 57

17 May 2023

Unsuccessful application by DFT for leave to appeal against a Court of Appeal judgment that had (a) refused to grant an extension of time to appeal, (b) refused to award her costs and disbursements and (c) awarded costs against her.

Taui v R  [2023] NZSC 56

16 May 2023

Unsuccessful application by T for an extension of time to apply for leave to appeal against a sentence of nine years and one month's imprisonment for supplying methamphetamine. T wished to argue for parity with sentences given to other offenders.

MC v Family Court at Manukau  [2023] NZSC 54

15 May 2023

Unsuccessful application by MC for (a) an extension of time to apply for leave to appeal and (b) leave to appeal against a High Court (HC) decision that had struck out her claims in tort. MC's children had been placed in the care of Oranga Tamariki (OT) and she had been unsuccessful in challenging that decision. Her claims in tort against the FC and OT had been struck out as an abuse of process. Her appeal against that decision had been deemed abandoned because she had not paid security for costs.

B v C  [2023] NZSC 52

15 May 2023

Unsuccessful application by B for leave to appeal against (a) rejection of his appeal in relation to C's protest to jurisdiction and (b) refusal of his application to admit affidavit evidence from an expert. B had alleged that C had defrauded him in relation to an investment. C had successfully argued that China was a more appropriate forum to determine B's claims.

Auckland Council v C P Group Ltd  [2023] NZSC 53

12 May 2023

Successful appeal by AC against a Court of Appeal (CA) decision that had reversed a High Court (HC) judgment which had dismissed an application by CPGL and others for judicial review of AC’s decision to impose a targeted rate on commercial accommodation providers. The rate was to help fund expenditure on visitor attraction by AC-controlled Auckland Tourism, Events and Economic Development (ATEED). CPGL were subject to the targeted rate. The CA had held that the targeted rate was not formulated in accordance with s 101(3)(a)(ii) Local Government Act 2002 because the ‘true target’ was visitors not ratepayers and ‘pass through’ assumption re costs to commercial accommodation providers was wrong. It also found that (a) the benefit to commercial accommodation providers from ATEED’s activities was not sufficiently significant and (b) AC's improper approach imposed a disproportionate burden on the targeted ratepayers so was unreasonable.

W v R  [2023] NZSC 50

12 May 2023

Unsuccessful application by W for leave to appeal against conviction for violent and sexual offending against one complainant.

Roper v Taylor  [2023] NZSC 49

12 May 2023

Successful appeal by R against a Court of Appeal (CA) finding that T’s civil claim for damages for a mental injury resulting from false imprisonment was not barred by s 317 Accident Compensation Act 2001 (ACA 2001). The CA had found that the imprisonment events were not sudden, so T’s consequent injury was not covered under s 21B ACA 2001.

Unsuccessful cross-appeal by T against a finding that she was entitled to cover under Accident Compensation Act 1982 and ACA 2001 for a mental injury caused by sexual assault and false imprisonment.

Nottingham v Real Estate Agents Authority  [2023] NZSC 51

11 May 2023

Unsuccessful application by N and others for leave to appeal against dismissal of their appeal in relation to a Real Estate Agents Tribunal decision.

Martel v R  [2023] NZSC 48

05 May 2023

Unsuccessful application by M for an extension of time to apply for leave to appeal against a sentence of 18 years and six months for importing restricted drugs.

Woolworths New Zealand Ltd v Auckland Council  [2023] NZSC 45

05 May 2023

Unsuccessful appeal by WNZL against the trading hours and off-licence restrictions proposed in AC’s provisional local alcohol policy. A Court of Appeal decision had reversed a High Court decision and reinstated the 9 pm closing time and off-licence restrictions that had been upheld by a Alcohol Regulatory and Licensing Authority decision.

Van Silfhout v Pathirannehelage  [2023] NZSC 47

04 May 2023

Successful application by VS for leave to appeal against a finding that time spent in pre-sentence detention extended the suspension period for victims making claims.

The approved question was whether the Court of Appeal was correct in its interpretation of s 64(1) Prisoners' and Victims' Claims Act 2005.

Legler v Formannoij  [2023] NZSC 46

04 May 2023

Successful application by L and another for leave to appeal in relation to their challenge to appointment of a trustee.

The approved question was whether the Court of Appeal was correct to dismiss L's appeal.

Kupec v R  [2023] NZSC 43

03 May 2023

Unsuccessful application by K for an extension of time to apply for leave to appeal against imposition of a minimum period of imprisonment of eight years and six months. K had been sentenced to 17 years' imprisonment for importation of methamphetamine.

Young v Zhang  [2023] NZSC 44

02 May 2023

Unsuccessful application by Y and another for (a) leave to appeal against a Court of Appeal judgment that had refused to recall an earlier judgment or (b) recall of a Supreme Court judgment that had refused leave to appeal.