Supreme Court of New Zealand — recent judgments: October 2024
Maheta v Griggs [2024] NZSC 142
23 October 2024
Unsuccessful application by M for leave to appeal against a Court of Appeal judgment that had (a) declined him leave to appeal and (b) awarded costs against him.
Sharma v Auckland Council [2024] NZSC 141
22 October 2024
Unsuccessful application by S for leave to appeal against an order for destruction of his dog Kaiser following an attack by Kaiser on a passing person and their dog. S had pleaded guilty to (a) owning a dog that attacked a domestic animal and (b) failing to comply with a menacing classification that had been imposed on Kaiser in 2017.
S v R [2024] NZSC 140
21 October 2024
Unsuccessful application by S for leave to bring a second appeal against his sentence of 28 months' imprisonment for sexual offending against a young person. S wished to argue that insufficient discounts had been given for youth, remorse, mental health and his registration on the Child Sex Offender Register.
Haines v Memelink [2024] NZSC 139
16 October 2024
Unsuccessful application by H and others for a stay of their application for leave to appeal against two Court of Appeal judgments pending the filing by H of a different claim.
Kaye v Norris Ward McKinnon [2024] NZSC 138
15 October 2024
Unsuccessful application by the Ks for recall of a judgment that had refused their application for recall of an earlier judgment.
Fakaosilea v R [2024] NZSC 137
09 October 2024
Unsuccessful application by F for leave to appeal against conviction for conspiring to import methamphetamine. F wished to appeal on the grounds that Police had not disclosed the full data set from tracking devices attached to F's vehicles.
Ponsonby Chambers v Attorney-General [2024] NZSC 136
09 October 2024
Judgment of the Court regarding an application filed by PC seeking leave to appeal directly from the High Court against a refusal to consider a habeas corpus application.
Nicolson v Lowther [2024] NZSC 135
08 October 2024
Unsuccessful application by N for leave to appeal against a Court of Appeal decision which had declined his application for review of a Deputy Registrar's decision not to accept for filing an application for leave to appeal against a High Court decision in relation to a liquidation.
P v R [2024] NZSC 134
08 October 2024
Unsuccessful application by P for leave to appeal against conviction for sexual violation by unlawful sexual connection. P wished to raise arguments about (a) admissibility of propensity evidence in relation to a prior acquittal and (b) directions to the jury about required standard of proof in relation to that evidence.
Slavich v R [2024] NZSC 133
07 October 2024
Unsuccessful application by S for (a) recall of a 2020 judgment that had refused his application for correction and (b) consolidation with another application for recall.
Fleming v Attorney-General [2024] NZSC 132
04 October 2024
Successful applications by F and Peter Humphreys (H) for leave to appeal in relation to the funding of family members who were caring for disabled people.
The approved questions were whether the Court of Appeal was correct (a) to determine that F and H were not employed or contracted by Ministry of Health / Manatū Hauora as ‘homeworkers’ and (b) as to the test for ‘work’ when it was done by homeworkers overnight in their homes.
Nikora v Kruger [2024] NZSC 130
03 October 2024
Successful appeal by N (on behalf of Te Kaunihera Kaumātua o Tūhoe) against a Court of Appeal (CA) decision.
N had successfully challenged the election of two trustees to the Tūhoe — Te Uru Taumatua Trust in the Māori Land Court. The CA had allowed an appeal by K (on behalf of the Trust) against the Māori Land Court’s finding that it had jurisdiction over the Trust on the basis that the Trust held ‘general land owned by Māori’ for beneficiaries.
T v R [2024] NZSC 128
03 October 2024
Unsuccessful application by T for leave to appeal against conviction for sexual offending against his daughter. T sought to appeal in relation to (a) joinder of his trial with that of his wife who had been charged with failing to protect a child and (b) production to the jury of part of the transcript of an aborted previous trial.
Re Dai [2024] NZSC 131
02 October 2024
Unsuccessful application by D for reviews of the Registrar's decisions (a) refusing her application for recall and (b) refusing to waive the filing fee for her application for recall.
Clark v Police [2024] NZSC 129
02 October 2024
Unsuccessful application by C for recall of a judgment that had declined him leave to appeal against refusal of his application for habeas corpus.
Stevens v Chief Executive of the Department of Corrections [2024] NZSC 127
01 October 2024
Unsuccessful application by S for leave to appeal in relation to her unsuccessful judicial review of decisions made in relation to her segregation by prison management.