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Supreme Court of New Zealand - recent judgments: October 2022

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A summary of decisions delivered in October 2022 by the Supreme Court, available on Westlaw New Zealand.

Kotze v NZ Police  [2022] NZSC 126

31 October 2022

Unsuccessful application by K for an extension of time to apply for leave to appeal against conviction for assault with intent to injure and strangulation. K had (a) unsuccessfully appealed his conviction in the High Court and (b) unsuccessfully applied to the Court of Appeal for leave to bring a second appeal.

 

Boag v R  [2022] NZSC 125

26 October 2022

Unsuccessful application by B for leave to appeal against revocation of an order suppressing her name. B had potentially been called to give evidence in the criminal prosecution of another person.

 

Burke v R  [2022] NZSC 124

21 October 2022

Successful application by B for leave to appeal against dismissal of his appeals against conviction and sentence for manslaughter. Leave was granted on the question of whether the Court of Appeal had correctly interpreted s 66(2) of the Crimes Act 1961.

 

Staite v Kusabs  [2022] NZSC 123

20 October 2022

Unsuccessful application by S for leave to appeal against a finding that there was no conflict of interest by a trustee in the negotiation of a lease.

 

Jindal v Jarden Securities Ltd  [2022] NZSC 122

19 October 2022

Unsuccessful application by J for leave to appeal against refusal to grant him an extension of time to appeal against refusal of his application for a particular law firm to be debarred from acting for JSL on another matter.

 

Smith v Plowman  [2022] NZSC 121

18 October 2022

Unsuccessful application by S for recall of a judgment. S argued that the Court had erred by (a) wrongly stating that the Deputy Registrar had dismissed a fee waiver application, (b) quoting an extract from the Court of Appeal judgment which he disputed and (c) applying interpretations of the law incorrectly.

 

Stevens v R  [2022] NZSC 120

18 October 2022

Unsuccessful application by S for leave to appeal against (a) conviction for sexual violation by unlawful sexual connection and (b) a sentence of preventive detention.

 

Genge v Visiting Justice, Christchurch Men’s Prison  [2022] NZSC 118

17 October 2022

Unsuccessful application by G for leave to appeal against dismissal of his applications for judicial review in relation to discipline for his breaches of prison rules.

 

Shaw v Bay of Plenty District Health Board  [2022] NZSC 117

14 October 2022

Unsuccessful application by S for leave to appeal against Employment Court decisions in relation to (a) her claim of unjustified disadvantage and unjustified dismissal and (b) costs.

 

Ellis v R  [2022] NZSC 115

07 October 2022

Successful appeal by E against his 1993 convictions for sexual offending against seven children who had attended the Christchurch Civic Childcare Centre where he had been a teacher. Although E had died before the appeal hearing, the appeal was allowed to continue.

Principal issues on appeal concerned expert witness evidence under s 23G of the Evidence Act 1908 and the risk of contamination of complainants’ evidence via parental questioning and external influences.

 

Ellis v R  [2022] NZSC 114

07 October 2022

Successful application by E for his appeal against conviction to be allowed to continue after his death. E had already been granted leave to appeal. This was the reasons judgment; the results judgment had been issued in September 2020.

A statement of tikanga Māori, prepared by Professor Hirini Moko Mead and Professor Pou Temara following a wānanga of tikanga experts, was attached as an appendix to the judgment.

 

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