Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board [2021] NZSC 127

30 September 2021

Unsuccessful appeal by TTRL against the quashing of a decision made by Decision-Making Committee (DMC) of the Environmental Protection Authority to allow mining of iron sands in the South Taranaki Bight. The Court of Appeal had referred the matter back to the DMC for reconsideration.

All members of the Supreme Court found that the DMC had erred in law in granting the mining consents. It had not complied with the requirement to favour caution and environmental protection. Majority found that the DMC had not applied relevant decision-making criteria set out in NZ’s exclusive economic zone legislation (the EEZ Act).

The approach to the Treaty of Waitangi clause in the EEZ Act was clarified. The DMC had to take into account the effects on existing interests, which included tikanga-based customary rights.

Huritu v Police [2021] NZSC 126

24 September 2021

Unsuccessful application by H for leave to appeal against his conviction for assault and breach of protection order.

Taueki v Police [2021] NZSC 125

23 September 2021

Unsuccessful application by T for leave to appeal against District Court’s dismissal of his application for discharge on an assault charge.

Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 124

23 September 2021

Partially successful application by PKCT for recall of judgment. The sentence challenged by PKCT had correctly summarized the Environment Court’s conclusions but could be misinterpreted. Judgment [2021] NZSC 87 reissued with amendment.

Easton v Registrar of the High Court of New Zealand [2021] NZSC 123

22 September 2021

Unsuccessful application by E for leave to appeal a High Court decision not to waive a filing fee in relation to his judicial review application.

Mawhinney v Auckland Council [2021] NZSC 122

21 September 2021

Unsuccessful application by M for leave to appeal against an extended order that restrained him from commencing or continuing proceedings. M had been involved in litigation about a proposed subdivision in the Waitakere Ranges for 25 years.

Arnerich v DHC Assets Ltd [2021] NZSC 121

20 September 2021

Unsuccessful application by A for leave to appeal against judgment that found him liable to DHC for a debt of $367,768.12 in relation to a building contract.

Siemer v Auckland High Court [2021] NZSC 120

20 September 2021

Unsuccessful application by S for leave to appeal against refusal to waive security for costs.

M v Attorney-General [2021] NZSC 118

17 September 2021

Successful appeal by M against dismissal of his challenge to his detention as a special care recipient. Declaration made that he was unlawfully detained from 21 December 2008 until 14 January 2009.

Middeldorp v Avondale Jockey Club Inc [2021] NZSC 117

17 September 2021

Unsuccessful application by M for leave to appeal against a costs judgment in his judicial review proceeding.

Muraahi v R [2021] NZSC 116

13 September 2021

Unsuccessful application by M for leave to appeal a Court of Appeal decision that he should be treated as a third strike offender.

Harrison v Harrison [2021] NZSC 115

13 September 2021

Unsuccessful application for leave to appeal a Court of Appeal decision about security for costs.

Whittington v UDC Finance Ltd [2021] NZSC 113

10 September 2021

Unsuccessful application by W for recall of judgment which had declined to stay his bankruptcy.

Murray v West Coast Holdings Ltd [2021] NZSC 114

09 September 2021

Unsuccessful application by M for recall of judgment which had declined an application for extension of time to appeal.

Craig v MacGregor [2021] NZSC 112

09 September 2021

Unsuccessful application by C for leave to appeal on the ground that the scope of qualified privilege was a question of public importance.

Re Siemer [2021] NZSC 111

09 September 2021

Unsuccessful application for recall of judgment which had declined an application to vary suppression orders.

Yan v Mainzeal Property and Construction Ltd (in liq) [2021] NZSC 109

6 September 2021 

Leave to appeal and cross appeal granted. Liquidators of MPCL had brought proceedings alleging insolvent trading against former directors. Both High Court and Court of Appeal had ordered directors to pay significant compensation, but for differing reasons.

Melco Property Holdings (NZ) 2012 Ltd v Hall [2021] NZSC 108

3 September 2021 

Leave to appeal granted in relation to lapse of caveat. MPHL had lodged a caveat against a commercial property after AJH had cancelled the sale of the property.