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Supreme Court of New Zealand - recent judgments: November 2021 (new Westlaw New Zealand)

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A summary of decisions delivered in November 2021 by the Supreme Court, available on Westlaw New Zealand.

LFBD v SM [2021] NZSC 164

30 November 2021

Unsuccessful application by LFDB for leave to appeal against the refusal by the High Court Registrar to accept his application for reconsideration. LFBD had applied to set aside a relationship property judgment which had been made on a formal proof basis.

 

NZDSOS Incorporated v Minister for Covid-19 Response [2021] NZSC 163

24 November 2021

Unsuccessful application by NZDSOS and another for leave to appeal against dismissal of an application for judicial review of the COVID-19 Public Health Response (Vaccinations) Order 2021, which prevented people in certain sectors from working unless they were vaccinated or exempt from vaccination.

 

KL v R [2021] NZSC 162

24 November 2021

Unsuccessful application by KL for leave to appeal against (a) dismissal of his appeal against conviction for an indecent act on a child under 12 years and (b) refusal to allow him to adduce new evidence.

 

Almarzooqi v Salih [2021] NZSC 161

23 November 2021

Unsuccessful application by A for leave to appeal against refusal to enforce the judgment of a Dubai court in relation to a divorce settlement.

 

Rippey v R [2021] NZSC 160

23 November 2021

Successful application by R for leave to appeal in relation to whether the trial judge should have given a warning under s 122 Evidence Act 2006. Criminal Bar Association was invited to intervene in the appeal.

 

Roe v New Zealand Vice-Chancellors Committee [2021] NZSC 158

15 November 2021

Unsuccessful application by R for leave to appeal against refusal to (a) waive filing fees and security for costs and (b) accept R’s appeal for filing.

 

Tourism Holdings Ltd v Labour Inspector of the Ministry of Business, Innovation and Employment [2021] NZSC 157

15 November 2021

Largely unsuccessful appeal by THL against a determination that commissions paid to a tour bus driver formed a regular part of the driver’s ordinary remuneration when calculating holiday pay.

 

Mehrok v R [2021] NZSC 155

11 November 2021

Unsuccessful application by M for leave to appeal against sentence of seven years, nine months’ imprisonment for manslaughter of a 14-week old baby.

 

Preston v Preston [2021] NZSC 154

9 November 2021

Successful appeal by K Preston against orders made in a division of relationship property. The Court of Appeal had erred in exercising its discretion to remedy a nuptial settlement.

 

Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 153

8 November 2021

Unsuccessful application by PKCT for recall of judgment that had refused leave to appeal against re-routing of State Highway 3 through PKCT’s land.

 

Siemer v Auckland High Court [2021] NZSC 150

8 November 2021

Unsuccessful application by S for recall of judgment that upheld a refusal to waive security for costs.

 

McDonald v District Court at Christchurch [2021] NZSC 149

5 November 2021

Unsuccessful application by M for leave to appeal against a judicial direction that bail applications in family violence proceedings should be decided by judges not registrars.

 

Taylor v Attorney-General [2021] NZSC 148

4 November 2021

Unsuccessful application by T for leave to appeal against a decision relating to the Ministry of Social Development’s method of calculating her extra power costs.

 

Re Nottingham [2021] NZSC 147

3 November 2021

Unsuccessful application by N and another for leave to appeal against rejection of his application to the Supreme Court for orders related to various aspects of the Government's response to COVID-19.

 

Gorgus v R [2021] NZSC 146

3 November 2021

Unsuccessful application by G for leave to appeal against conviction for theft and receiving stolen property.

 

FMV v TZB [2021] NZSC 145

2 November 2021

Successful application by TZB for costs in FMV’s unsuccessful appeal against the striking out of her High Court claim in relation to employment relationship problems.

 

TheCircle.co.nz Ltd v Trends Publishing International Ltd (in liq) [2021] NZSC 144

2 November 2021

Unsuccessful application by TCL for leave to appeal against costs decision. Unsuccessful application by Callaghan Innovation as respondent for leave to cross-appeal against the overturning of an indemnity costs award in its favour.

 

Ryan v Health and Disability Commissioner [2021] NZSC 143

2 November 2021

Successful application by R for leave to appeal against a finding of liability under s 72 Health and Disability Commissioner Act 1994. HDC had found R’s medical centre vicariously liable for a breach of patient rights by another doctor who worked at the centre.

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