Supreme Court of New Zealand - recent judgments: June 2022 (Westlaw NZ)
Attorney-General v Family First New Zealand  NZSC 80
28 June 2022
Successful appeal by A-G against a Court of Appeal (CA) declaration that FFNZ qualified for registration under the Charities Act 2005. The CA had also set aside a decision to remove FFNZ from the Charities Register. The CA decision had reversed a High Court decision that FFNZ was not charitable under either the ‘objects of general utility’ purpose or the ‘advancement of education’ purpose. The Charity Law Association of Australia and New Zealand was given leave to intervene.
Tūpuna Maunga o Tāmaki Makaurau Authority v Norman  NZSC 79
27 June 2022
Unsuccessful application by TMOTMA for leave to appeal against the setting aside of (a) its decision to remove 345 exotic trees from an Auckland maunga reserve that TMOTMA managed and (b) a resource consent granted by Auckland Council on a non-notified basis.
Little v New Zealand Law Society  NZSC 78
23 June 2022
Unsuccessful application by L for leave to appeal against NZLS's refusal in 2020 to issue him with a certificate to practice as a barrister in NZ. L had been admitted to the roll in 2012 under the Trans-Tasman Mutual Recognition Act 1997 but he no longer held an Australian practising certificate.
Attorney-General v Chisnall  NZSC 77
22 June 2022
Successful application by A-G for leave to appeal on two questions: whether the Court of Appeal was correct to declare that Part 1A Parole Act 2002 and Public Safety (Public Protection Orders) Act 2014 were inconsistent with s 26(2) New Zealand Bill of Rights Act 1990 (NZBORA), and whether the Court of Appeal was correct not to declare that Extended Supervision Orders and Public Safety Orders were inconsistent with NZBORA.
Deng v Zheng  NZSC 76
20 June 2022
Unsuccessful appeal by D against a finding that his business relationship with Z had been a partnership. Until 2015, D and Z had engaged in property development and construction through multiple companies. They had been unable to amicably separate their interests.
Warahi v Chief Executive of the Department of Corrections  NZSC 75
17 June 2022
Unsuccessful application by W for leave to appeal against refusal of a writ of habeas corpus. W was on remand for contravening a protection order, threatening to kill and injuring with intent to injure.
Re Siemer  NZSC 73
10 June 2022
Unsuccessful application by S for review of three decisions by the Registrar regarding his applications for access to court documents.
Lihou v R  NZSC 72
10 June 2022
Unsuccessful application by L for an extension of time to apply for leave to appeal against a sentence of preventive detention for abduction, assault, rape and sexual violation.
Hall v R  NZSC 71
08 June 2022
Successful appeal by H against convictions for murder and intentionally wounding. H had been convicted in 1986 following a jury trial. At issue were altered prosecution evidence, non-disclosure of material evidence by the prosecution and unfair interviews of H by the police. The Crown accepted that the trial had gone wrong and the criminal justice system had failed H.
Stewart v Keene  NZSC 70
03 June 2022
Unsuccessful application by S for leave to appeal against orders that required him to submit for examination and produce documents in relation to the liquidation of his company.
TUV v Chief of New Zealand Defence Force  NZSC 69
03 June 2022
Unsuccessful appeal by TUV against a decision that a settlement agreement should not be set aside. Refusal was on the basis that CNZDF had not had actual or constructive knowledge of TUV’s incapacity at the time when the agreement was entered into. The final and binding agreement had settled an employment-related claim by TUV.