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Case summaries 2016

 

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 Updated 19 January 2016


Supreme Court case summaries are published on this page as they become available:

 

Case Number

SC 1/2016  

Case Name

Kerryn Mitchell v The Queen

Summary

Criminal appeal – Bail – Whether the Court of Appeal erred in dismissing the application for bail before the applicant had submitted further written submissions to that Court.

[2015] NZCA 634   CA 675/2015

Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

24 February 2016

 

 

 

Case Number

SC 2/2016  

Case Name

Peter Gerard Stockman v NZ Asscoiation of Counsellors Incorporated

Summary

Civil Appeal – Whether the Court of Appeal should have recalled its judgment ordering standard rather than indemnity costs – Whether judgments must directly refer to all submissions made by parties.

 [2015] NZCA 542   CA 669/2013

Dates

The application for leave to appeal is dismissed.

There is no order for costs.

29 February 2016

_____ 

A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.

B There is no order for costs.

7 April 2016

HC judgment

STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2013] NZHC 2267    2 September 2013

CA judgment 

NZ ASSOCIATION OF COUNSELLORS INC v STOCKMAN [2015] NZCA 542   12 November 2015

CA judgment appealed from 

NZ ASSOC OF COUNSELLORS INC V STOCKMAN [2015] NZCA 629    18 December 2015

Leave judgment - leave dismissed PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED  [2016] NZSC 18   29 February 2016
Recall judgment - recall dismissed PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2016] NZSC 35    7 April 2016

 

 

Case Number

SC 3/2016  

Case Name

William Yan and Wei You v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.               _

[2015] NZCA 576  CA 683/2014    

Dates

Application for leave to appeal dismissed.

26  April 2016
Leave judgment - leave dismissed YAN v COMMISSIONER OF POLICE [2016] NZSC 41    26 April 2016

 

 

Case Number

SC 4/2016  

Case Name

Zhihong Xu v Lijing Zeng v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.

[2015] NZCA 576  CA 684/2014                                                                                      _

Dates

Application for leave to appeal dismissed.

26  April 2016
Leave judgment - leave dismissed YAN v COMMISSIONER OF POLICE [2016] NZSC 41   26 April 2016

 

 

Case Number

SC 5/2016  

Case Name

Kulbir Singh and Navjot Kaur v Chief Executive, Ministry of Busines, Innovation and Employment

Summary

Civil Appeal – Immigration Act, s 177 – Whether Court of Appeal interpreted s 177 Immigration Act correctly ­– Whether Court of Appeal applied the correct standard for unreasonableness to a deportation decision.

[2015] NZCA 592  CA 484/2014

Dates

Application for leave to appeal dismissed.

19  April 2016
HC judgment

SINGH & KAUR v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT  [2014] NZHC 1916       14 August 2014

Judgment appealed from

SINGH v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2015] NZCA 592    8 December 2015

Leave judgment - leave dismissed

KULBIR SINGH AND NAVJOT KAUR v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZSC 39    19 April 2016
 

 

 

Case Number

SC 6/2016

Case Name

Garry Albert Muir and Peter Arnold Maude v Commissioner of Inland Revenue 

Summary Civil Appeal – Whether the applicants’ claims for tax deductions under sub-pt EH of the Income Tax Act 1994 are arguable ­– Whether the Court of Appeal erred in awarding indemnity costs.                                                                          

[2015] NZCA 591   CA276/2016
Dates

A The application for leave to appeal is granted (Muir v Commissioner of Inland Revenue [2015] NZCA 591).
B The approved questions are whether the Court of Appeal was right:
(i) to find that the appellant could not arguably pursue claims for the 1999 and following tax years in reliance on sub-pt EH of the Income Tax Act 1994; and
(ii) to award costs on an indemnity basis against the appellant.

20 July 2016

Hearing

22 August 2016

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ.

Result

A The appellant’s application for leave to amend the grounds of appeal is dismissed.
B Leave to appeal is revoked.
C The appellant is to pay costs of $6,000 to the respondent, plus reasonable disbursements.

26 August 2016                                                                                                   __

Judgment appealed from

MUIR v COMMISSIONER OF INLAND REVENUE [2015] NZCA 591   8 December 2015
 

Leave judgment -  leave approved

GARRY ALBERT MUIR v THE COMMISSIONER OF INLAND REVENUE [2016] NZSC 90  20 July 2016

Substantive decision

GARRY ALBERT MUIR v THE COMMISSIONER OF INLAND REVENUE [2016] NZSC 113 26 August 2016

 

 

Case Number

SC 7/2016

Case Name

Douglas John  Williamson v The Queen

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

 [2015] NZCA 621  CA 398/2014 

Dates Application for leave to appeal dismissed.

26  April 2016
Judgment appealed from WILLIAMSON v R [2015] NZCA 621     18 December 2015
Leave judgment - leave dismissed DOUGLAS JOHN WILLIAMSON v R [2016] NZSC 42   26 April 2016
 

 

 

Case Number

SC 8/2016

Case Name

John Blackwood Williamson v The Queen 

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

[2015] NZCA 621  CA 399/2014

Dates

Application for leave to appeal dismissed.

26  April 2016
Judgment appealed from

WILLIAMSON v R [2015] NZCA 621    18 December 2015

Leave judgment - leave dismissed DOUGLAS JOHN WILLIAMSON v R [2016] NZSC 42    26 April 2016

 

 

Case Number

SC 9/2016

Case Name

W v The Queen 

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.

[2011] NZCA 135  CA 591/2010

Dates

A   An extension of time is granted.                                         
B  The application for leave to appeal is dismissed.  

2 May 2016                                                                                                         __

Leave judgment - leave dismissed

IVAN JAMES WILSON v R [2016] NZSC 47     2 May 2016

 

 

Case Number

SC 10/2016

Case Name

Edward Thomas Booth v The Queen 

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.

 [2015] NZCA 603  CA 101/2015

Dates

A  The application for leave to appeal is granted (Booth v R [2015]    NZCA 603).

B  The approved question is whether the sentencing Judge was correct to structure the appellant’s sentence in the way that he did, particularly as that sentence structure means that the time that the appellant spent on remand does not count towards his total period of imprisonment served or for parole eligibility purposes.

27 April 2016

Hearing

5 July 2016

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

Result

A Mr Marino’s appeal is allowed.  Costs are reserved.
B Mr Booth’s appeal is dismissed.                                              

22 September 2016                                                                                   __

Judgment appealed from

BOOTH V R [2015] NZCA 603    16 December 2015

Leave judgment - leave granted

BOOTH v R [2016] NZSC 43   27 April 2016

Substantive judgment / Media release

EDWARD THOMAS BOOTH v R [2016] NZSC 127   22 September 2016

 

 

Case Number

SC 11/2016

Case Name

Karl Leslie Raymond Marwood v The Commissioner of Police and others 

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in concluding that the High Court has no power to exclude improperly obtained evidence in a proceeding under the Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in finding that the High Court Judge was wrong to exclude evidence.

 [2015] NZCA 608   CA 487/2014

Dates

A Leave to appeal is granted (Commissioner of Police v Marwood [2015] NZCA 608).

B The approved question is:
Did the Court of Appeal err in holding that the High Court had no jurisdiction (or power) to exclude the challenged evidence obtained by search of the applicant’s premises and, if so, should the challenged evidence be excluded in this proceeding?

11 April 2016

Hearing

17 June 2016

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ. 

Result

A The disputed evidence is admissible in these proceedings.
B The appeal is dismissed.
C There is no order as to costs.

26 October 2016                                                                                          __

Leave judgment - leave approved

KARL LESLIE RAYMOND MARWOOD v THE COMMISSIONER OF POLICE [2016] NZSC 36    11 April 2016

Substantive judgment /  Media release

KARL LESLIE RAYMOND MARWOOD v COMMISSIONER OF POLICE [2016] NZSC 139   26 October 2016

 

 

Case Number

SC 12/2016

Case Name

The Queen v GJA

Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in excluding evidence on the basis that it was improperly obtained.

[2015] NZCA 628  CA 116/2015 

Dates

A Leave to appeal is granted (R v A [2015] NZCA 628).

B    The issues are:
(i)    whether the electricity consumption records were improperly obtained from the service provider;
(ii)    whether the Court of Appeal was correct to hold that evidence that had earlier been excluded as improperly obtained could not be relied on; and
(iii)    whether, even if improperly obtained, the evidence should be admitted under s 30(2)(b) of the Evidence Act 2006.

15 March 2016

Hearing

16 June 2016.

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ

Decision reserved                                                                                                            __

 

 

Case Number

SC 13/2016

Case Name

Robert Erwood v The Official Assignee

Summary

Civil appeal – Whether the Court of Appeal overlooked material points and therefore erred in dismissing the application for extension of time and awarding costs against the applicant.

[2015] NZCA 620  CA 168/2015

Dates The application for leave to appeal is dismissed.                   

16 May 2016
HC judgment Erwood v Official Assignee [2015]  NZHC 390     6 March 2015
HC recall judgment ERWOOD v OFFICIAL ASSIGNEE [2015] NZHC 912     4 May 2015
Judgment appealed from ERWOOD v THE OFFICIAL ASSIGNEE [2015] NZCA 620   18 December 2015
Leave judgment - leave dismissed ROBERT ERWOOD v THE OFFICIAL ASSIGNEE [2016] NZSC 54     16 May 2016

 

 

Case Number

SC 14/2016

Case Name

Auckland Council v Wendco (NZ) Limited and Wiri Licensing Trust

Summary

Civil Appeal – Resource Management Act 1991, s 95E – Whether the Court of Appeal interpreted the phrase “related to” in s 95E too broadly – Whether the first respondent is an affected person in terms of the second respondent’s application for resource consent.

 [2015] NZCA 617  CA 379/2014

Dates

A Leave to appeal is granted (Wendco (NZ) Ltd v Auckland Council [2015] NZCA 617).
B The approved question is whether the Court of Appeal was correct to conclude that the Auckland Council was required to give Wendco (NZ) Ltd notification of the resource consent application made by the Wiri Licensing Trust.

16 June 2016

Hearing

8 November 2016  

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ              

Decision reserved                                      

HC judgment

WENDCO (NZ) LIMITED v AUCKLAND COUNCIL [2014] NZHC 1481    27 June 2014

Judgment appealed from

WENDCO (NZ) LIMITED v AUCKLAND COUNCIL [2015] NZCA 617   18 December 2015

Leave judgment - leave granted

AUCKLAND COUNCIL v WENDCO (NZ) LIMITED [2016] NZSC 67   16 June 2016

 

 

Case Number

SC 15/2016

Case Name

Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council

Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of ss 117–120 of the Local Government Act 2002 – Whether the Court of Appeal erred in its interpretation of the scope of the Kaipara District Council (Validation of Rates and Other Matters) Act 2013 – Whether the Court of Appeal erred in awarding costs against the Association.

[2015] NZCA  612   CA 331/2014

Dates A   The application for leave to appeal is dismissed.  
B   The applicant must pay costs of $2,500 to the respondent.       

3 May 2016
HC judgment

MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2014] NZHC 1147     28 May 2014

HC judgment

MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2014] NZHC 1742     25 July 2014

Judgment appealed from MANGAWHAI RATEPAYERS AND RESIDENTS ASSOCIATION INCORPORATED v KAIPARA DISTRICT COUNCIL [2015] NZCA 612     17 December 2015
Leave judgment - leave dismissed MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INCORPORATED v KAIPARA
DISTRICT COUNCIL [2016] NZSC 48         3 May 2016

 

 

Case Number

SC 16/2016

Case Name

Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of a decision of the Registrar of that Court to refuse to dispense with security for costs in relation to an appeal to that Court. 

[2016] NZCA 3  CA 388/2015

Dates _

 

 

Case Number

SC 17/2016

Case Name

Ivan Vladimir Joseph Erceg v Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Acorn Foundation Trust and Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Independent Group Trust

Summary

Civil Appeal – Whether the Court of Appeal applied the correct test for requests by beneficiaries for access to trust documents – Whether the Court of Appeal applied the correct test for review of a trustee’s decision – Whether the Court of Appeal erred in upholding the High Court decision not to order disclosure of trust documents.  

[2016] NZCA 7   CA217/2015

Dates

A Leave to appeal is granted (Erceg v Erceg [2016] NZCA 7, [2016] 2 NZLR 622).
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?

17 June 2016

Hearing

1 September 2016

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

Decision reserved

HC judgment

ERCEG v ERCEG [2015] NZHC 594    27 March 2015

Judgment appealed from

ERCEG v ERCEG [2016] NZCA 7    4 February 2016

Leave judgment - leave granted IVAN VLADIMIR JOSEPH ERCEG v LYNETTE THERESE ERCEG AND DARRYL EDWARD GREGORY AS TRUSTEES OF ACORN FOUNDATION TRUST [2016] NZSC 69    17 June 2016

 

 

Case Number

SC 18/2016

Case Name

Malcolm Edward Rabson v Wayne Seymour Chapman

Summary

Civil Appeal – Whether the Court of Appeal erred in ordering costs against the applicant. 

[2016] NZCA 45  CA 855/2012

Dates A   The application for leave to appeal is dismissed.              
B   The applicant must pay the respondent costs of $2,500.

29 April 2016
HC judgment CHAPMAN v RABSON HC WN CIV 2012-485-2107     10 December 2012
CA judgment RABSON v CHAPMAN CA855/2012 [2014] NZCA 158    29 April 2014
Judgment appealed from RABSON V CHAPMAN [2016] NZCA 45    4 March 2016
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 45   29 April 2016

 

 

Case Number

SC 19/2016

Case Name

Graham D’Arcy-Smith v Natural Habitats Limited

Summary

Civil appeal – Whether the Employment Court erred in determining that the applicant was not an employee – Whether the Employment Court erred in not addressing a matter argued by the applicant.

[2015] NZEmpC 123  ARC 57/14

Dates The application for leave to appeal is dismissed.
The applicant must pay costs of $500 to the respondent.

28 April 2016
Judgment appealed from GRAHAM D'ARCY-SMITH v NATURAL HABITATS LIMITED NZEmpC AUCKLAND [2015] NZEmpC 123    28 July 2015
Leave judgment - leave dismissed GRAHAM WILLIAM D'ARCY-SMITH v NATURAL HABITATS LIMITED [2016] NZSC 46    28 April 2016

 

 

Case Number

SC 20/2016

Case Name New Zealand Aluminium Smelters Limited v Weller & Ors
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. 

[2016] NZCA 19    CA 313/2014

Dates A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.

27 April 2016
Employment Court judgment

NEW ZEALAND ALUMINIUM SMELTERS LIMITED v WELLER and 63 others NZEmpC
CHRISTCHURCH [2014] NZEmpC 74       16 May 2014

Judgment appealed from NEW ZEALAND ALUMINIUM SMELTERS LIMITED v ANDREW WELLER AND 63 OTHERS
[2016] NZCA 19    22 February 2016
Leave judgment - leave dismissed NEW ZEALAND ALUMINIUM SMELTERS LTD v ANDREW WELLER & OTHERS [2016] NZSC 44
 27 April 2016

 

 

Case Number

SC 21/2016

Case Name John Morgan MacKenzie v The Attorney-General
Summary

Civil Appeal – Limitation Act 1950 – Whether the High Court erred in its interpretation of the Limitation Act 1950.   

[2015] NZHC 1876   CIV 2012-470-000977 

Dates The application for leave to appeal is dismissed.                     

1 June 2016                                                                                           __
Judgment appealed from MACKENZIE v ATTORNEY-GENERAL [2015] NZHC 1876    11 August 2015
Leave judgment - leave dismissed JOHN MORGAN MACKENZIE v THE ATTORNEY-GENERAL [2016] NZSC 60    1 June 2016

 

 

Case Number

SC 22/2016

Case Name Isaac Paparoa v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a Minimum Period of Imprisonment.

[2015] NZCA 234  CA 389/2014

Dates A  Extension of time for filing application for leave to appeal granted.
B  Application for leave to appeal dismissed.                           

30 May 2016                                                                                                                 __
Judgment appealed from THOMPSON & PAPAROA V R CA368/2014 [2015] NZCA 234    11 June 2015
Leave judgment - leave dismissed ISAAC PAPAROA v R [2016] NZSC 59     30 May 2016

 

 

Case Number

SC 23/2016

Case Name C v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48  CA 287/2015 CA 161/2015

Dates

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ.

Decision reserved

 

 

Case Number

SC 24/2016

Case Name AL v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48 CA 287/2015 CA 161/2015 

Dates

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Decision reserved

 

 

Case Number

SC 25/2016

Case Name SL v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury 

 [2016] NZCA 48  CA 162/2015

Dates

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Decision reserved

 

 

Case Number

SC 26/2016

Case Name KSC  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

 [2016] NZCA 48  CA 356/2015

Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

15 April 2016

 

 

Case Number

SC 27/2016

Case Name JBG  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

 [2016] NZCA 48  CA 160/2015

Dates

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

Hearing

21 and 22 November 2016

 William Young, Glazebrook, Arnold, O'Regan and McGrath JJ.

Decision reserved

 

 

Case Number

SC 28/2016

Case Name JPC  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48  CA 145/2015 

Dates

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.


14 July 2016

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Decision reserved

 

 

Case Number

SC 29/2016

Case Name Anthony Pratt Kaye and Morva Kaye v Norris Ward McKinnon
Summary

Civil Appeal – Whether Court of Appeal erred in finding that the respondents had not breached duty of care – Whether Court of Appeal erred in finding that the respondents had not caused the applicants any loss.                                               

[2016] NZCA 32    CA333/2015

Dates A   The application for leave to appeal is dismissed.   
B   The applicant must pay the respondent costs of $2,500.

15 June 2016
HC judgment NORRIS WARD MCKINNON v KAYE [2015] NZHC 1025     14 May 2015
Judgment appealed from KAYE V NORRIS WARD MCKINNON [2016] NZCA 32    29 February 2016
Leave judgment - leave dismissed ANTHONY PRATT KAYE AND MORVA KAYE v NORRIS WARD MCKINNON [2016] NZSC 66   15 June 2016

 

 

Case Number

SC 30/2016

Case Name KHW  v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining the application for an extension of time to appeal against the applicant’s sentence on the basis that any causal contribution of early dementia to the applicant’s offending was not substantial.                                                              

[2016] NZCA 33   CA13/2015

Dates

Notice of abandonment lodged, the application is deemed to be dismissed. 

 
10 June 2016

 

 

Case Number

SC 31/2016

Case Name BM v The Queen
Summary

Criminal appeal – Crimes Act 1961, s 195 – Whether the Court of Appeal erred in concluding the sentence was not manifestly excessive.

[2016] NZCA 53  CA 599/2015 

Dates

The Application for leave to appeal is dismissed.                     

20 June 2016                                                                                                            __

Judgment appealed from

M (CA559/2015) v R [2016] NZCA 53   9 March 2016

Leave judgment - leave dismissed M(SC 31/2016) v R [2016] NZSC 72     20 June 2016

 

 

Case Number

SC 32/2016

Case Name Prattley Enterprises Limited v Vero Insurance New Zealand Limited
Summary

Civil Appeal – Whether the Court of Appeal incorrectly assessed the applicant’s entitlement under the insurance policy issued by the respondent – Whether the applicant is entitled to relief from the parties’ settlement agreement under s 6 of the Contractual Mistakes Act 1977.

[2016] NZCA 67  CA 400/2015

Dates

A Leave to appeal is granted (Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67).
B The approved grounds are:
(a) the nature and extent of the respondent’s liability under the insurance policy; and
(b) the effect of the release.

20 June 2016

Hearing

10 and 11 October 2016                                                             

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ.

Result

A The appeal is dismissed.
B Prattley is to pay Vero costs of $25,000 together with reasonable disbursements to be fixed by the Registrar.  

                                  
6 December 2016

HC judgment

PRATTLEY ENTERPRISES LIMITED v VERO INSURANCE NEW ZEALAND LIMITED [2015] NZHC 1444    24 June 2015

Judgment appealed from

PRATTLEY ENTERPRISES LIMITED v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZCA 67    14 March 2016

Leave judgment - leave granted PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 70
20 June 2016
Substantive judgment / Media release PRATTLEY ENTERPRISES LIMITED v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 158    6 December 2016

 

 

Case Number

SC 33/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

Civil Appeal – Court of Appeal Civil Rules 2005 – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision to decline to dispense with security for costs.        

[2016] NZCA 78   CA 740/2015    

Dates The applications for leave to appeal are dismissed.                

17 May 2016
HC judgment  White v Lynch [2015] NZHC 1020      14 May 2015
HC judgment  White v Lynch [2015] NZHC 3202   15 December 2015
Judgment appealed from WHITE v LYNCH [2016] NZCA 78     22 March 2016
Leave judgment - leave dismissed AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2016] NZSC 55    17 May 2016

 

 

Case Number

SC 34/2016

Case Name Yong Xin Chen v The Cornwall Park Trust Board
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of a lease

[2016] NZCA 65  CA 645/2014

Dates A The application for leave to appeal is granted (Cornwall Park Trust Board Inc v Chen [2016] NZCA 65).

B The approved questions are whether the Court of Appeal was correct:

(i) to hold that the applicant is liable under the lease to pay the upset rental from the date of expiry of the lease until she vacated the property; and

(ii) in interpreting and applying the applicant’s repair obligations under the lease.
4 July 2016
Hearing

15 November 2016                                                     

William Young, Glazebrook, Arnold, O'Regan and Blanchard JJ.

Result

Notice of abandonment lodged, the appeal is deemed to be dismissed.   

26 September 2016

HC judgment

THE CORNWALL PARK TRUST BOARD INC v CHEN [2014] NZHC 2465   8 October 2014

Judgment appealed from 

THE CORNWALL PARK TRUST BOARD INC v CHEN [2016] NZCA 65    14 March 2016

Leave judgment - leave granted

YONG XIN CHEN v THE CORNWALL PARK TRUST BOARD INC [2016] NZSC 81    4 July 2016

 

 

Case Number

SC 35/2016

Case Name Michael Marino v The Chief Executive of the Department of Corrections
Summary

Civil Appeal – Application for habeus corpus – Whether the Court of Appeal erred in its interpretation of ss 91(1) and 90(2) of the Parole Act 2002.

[2016] NZCA 117   CA 129/2016

Dates A Leave to appeal is granted (Marino v The Chief Executive of the Department of Corrections [2016] NZCA 133).  
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?       

6 May 2016
Hearing

6 and 26 July 2016

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

Result

A Mr Marino’s appeal is allowed.  Costs are reserved.
B Mr Booth’s appeal is dismissed.

22 September 2016

HC judgment

Marino v Chief Executive of the Department of Corrections [2016] NZHC 459

Judgment appealed from 

MICHAEL MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 133          15 April 2016

Leave judgment - leave granted

MICHAEL MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
[2016] NZSC 52           6 May 2016

Substantive judgment / Media releasae

EDWARD THOMAS BOOTH v R [2016] NZSC 127    22 September 2016

 

 

Case Number

SC 36/2016

Case Name Martin James Mailley v District Court at North Shore and New Zealand Police
Summary

Civil Appeal - Whether the Court of Appeal erred in its interpretation of s 48(4) of the Extradition Act 1999.      

[2016] NZCA 83   CA716/2014

Dates

The application for leave to appeal is dismissed.                     

20 June 2016

HC judgment

MAILLEY v THE DISTRICT COURT AT NORTH SHORE [2014] NZHC 2816   12 November 2014

Judgment appealed from

MAILLEY v DISTRICT COURT AT NORTH SHORE [2016] NZCA 83    23 March 2016

Leave judgment - leave dismissed

MARTIN JAMES MAILLEY v DISTRICT COURT AT NORTH SHORE [2016] NZSC 73   20 June 2016

 

 

Case Number

SC 37/2016

Case Name Francisc Catalin Deliu v Boon Gunn Hong
Summary

Civil appeal – Whether the Court of Appeal’s decision was inconsistent with its statement of the issue – Whether principles governing appeals against the exercise of discretion were applied incorrectly.

[2016] NZCA 75   CA 425/2015

Dates

A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.

28 July 2016

High Court judgment

DELIU v HONG & ANOTHER [2015] NZHC 492     17 March 2015

Judgment appealed from

HONG v DELIU [2016] NZCA 75     16 March 2016

Leave judgment - leave dismissed

FRANCISC CATALIN DELIU v BOON GUNN HONG [2016] NZSC 93    28 July 2016

 

 

Case Number

SC 38/2016

Case Name Cecilia Victoria Uhrle v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 66(2) – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge’s direction to the jury incorrectly conflated foresight and intention in terms of common purpose liability under s 66(2).                                  

[2015] NZCA 412   CA265/2013 

Dates

The application for leave to appeal is dismissed.                  

13 June 2016.

HC judgment

R v Uhrle [2013] NZHC 922  30 April 2013

Judgment appealed from

UHRLE & ORS v R [2015] NZCA 412    4 September 2015

Leave judgment - leave dismissed

 CECILIA VICTORIA UHRLE v R [2016] NZSC 64    13 June 2016

 

 

Case Number

SC 39/2016

Case Name

Hamish McIntosh v John Howard Ross Fisk and David John Bridgman

Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of the “gave value” defence pursuant to Allied Concrete v Meltzer [2015] NZSC 7 and s 296(3)(c) – Whether the Court of Appeal erred in its application of the “alteration of position” defence in s 296(3)(c).          

[2016] NZCA 74   CA384/2015

Dates

A Leave to appeal and to cross-appeal is granted (McIntosh v Fisk [2016] NZCA 74).
B The approved questions are:

(i) Whether an order should have been made setting aside all or part of the payment made by Ross Asset Management Limited (RAM) to the applicant and requiring the applicant to pay the relevant amount to the respondents.
(ii) If so, whether the order should have been to set aside the payment of all of the $954,047 paid to the applicant or $454,047, being the difference between the amount paid to the applicant and the $500,000 he invested with RAM.

26 May 2016

Hearing

27 July 2016                                                                                                                   
William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

Decision reserved

HC judgment

Fisk v McIntosh [2015] NZHC 1403   22 June 2015

Judgment appealed from

MCINTOSH v FISK AND ANOR [2016] NZCA 74    16 March 2016

Leave judgment - leave granted

HAMISH MCINTOSH v JOHN HOWARD ROSS FISK AND DAVID JOHN BRIDGMAN [2016] NZSC 58      26 May 2016

 

 

Case Number

SC 40/2016

Case Name Wayne James Bracken v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in concluding that the trial Judge’s directions were adequate – Whether the Court of Appeal erred in concluding that the trial was not unfair.  

[2016] NZCA 79   CA785/2012

Dates

The application for leave to appeal is dismissed.                       

13 September 2016

HC judgment

R V BRACKEN HC WHA CRI 2011-027-000666   23 November 2012

Judgment appealed from

BRACKEN v R [2016] NZCA 79    23 March 2016

Leave judgment - leave dismissed

WAYNE JAMES BRACKEN v R [2016] NZSC 124    13 September 2016

 

 

Case Number

SC 41/2016

Case Name Mrinal Sardana  v The Queen
Summary

Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding that the jury’s verdict was not unreasonable – Whether Court of Appeal erred in finding no risk that outcome of trial was affected by error – Whether Court of Appeal erred in finding that the sentence was not manifestly excessive.        

                                                   
[2016] NZCA 138   CA508/2015

Dates

The application for leave to appeal is dismissed.                               

1 November 2016

Judgment appealed from

SARDANA v R [2016] NZCA 138    20 April 2016

Leave judgment - leave dismissed

MRINAL SARDANA v R [2016] NZSC 142    1 November 2016

 

 

Case Number

SC 42/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

Civil Appeal – Judicature Act 1908, s 61A(2) - Whether the Court of Appeal erred in determining that the applicants had no further right of review.   

[2016] NZCA 149   CA 740/2015

Dates

The applications for leave to appeal are dismissed.               

17 May 2016

HC judgment

White v Lynch [2015] NZHC 3202  15 December 2015 

CA judgment

White v Lynch [2016] NZCA 78    22 March 2016

Judgment appealed from

WHITE v LYNCH [2016] NZCA 149    22 April 2016

Leave judgment - leave dismissed

AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2016] NZSC 55   17 May 2016

 

 

Case Number

SC 43/2016

Case Name Augustine Lau v UMH Group Limited
Summary

Civil appeal - Whether the Court of Appeal erred in declining to grant an extension of time in which to appeal a High Court order extinguishing a land covenant.                   

[2016] NZCA 132   CA692/2015

Dates
Judgment appealed from LAU V UMH GROUP LTD [2016] NZCA 132    15 April 2016

 

 

Case Number

SC 44/2016

Case Name  Vincent Ross Siemer v The Attorney-General
Summary

Civil Appeal – Judicature Act 1908, s 88B – Whether the Court of Appeal erred in expanding the scope of the order preventing the applicant from instituting civil proceedings without the leave of the High Court.  

[2016] NZCA 43   CA278/2014

Dates

A The application for leave to appeal is dismissed.                   

B Costs of $2,500 are payable to the respondent.                    

21 June 2016

HC judgment

Attorney-General v Siemer [2014] NZHC 859    30 April 2014

Judgment appealed from

SIEMER v THE ATTORNEY-GENERAL [2016] NZCA 43   4 March 2016

Leave judgment - leave dismissed

VINCENT ROSS SIEMER v THE ATTORNEY-GENERAL [2016] NZSC 75 [21 June 2016]

 

 

Case Number

SC 45/2016

Case Name Jesse Waiariki Tamanava Butler v North Shore Police
Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in dismissing the application for an extension of time to appeal on the basis that the case was inarguable.                                                                              

[2016] NZCA 150   CA657/2015

Dates

The application for leave to appeal is dismissed.                  

13 June 2016

HC judgment

BUTLER v MASSEY UNIVERSITY ALBANY [2015] NZHC 2287   22 September 2015

Judgment appealed from

BUTLER v NORTH SHORE POLICE [2016] NZCA 150     22 April 2016

Leave judgment - leave dismissed

JESSE WAIARIKI TEMANAVA BUTLER v NORTH SHORE POLICE [2016] NZSC 63  13 June 2016

 

 

Case Number

SC 46/2016

Case Name Vivien Judith Madsen-Ries and David Stuart Vance as Liquidators of Petranz Limited (in liquidation) and Petranz Limited (in liquidation) v Darrell Warren Karaneihana and Diana Joy Petera
Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of s 161– Whether the Court of Appeal erred in taking into consideration that if the liquidators were successful that surplus funds would be returned to the directors and shareholders pursuant to Morgenstern v Jeffreys [2014] NZSC 176 – Whether the Court of Appeal erred in holding that ss 131–138 are codification of directors’ duties. 

[2016] NZCA 103   CA198/2015

Dates

A The application for leave to appeal is dismissed.
B There is no order for costs.


28 July 2016

HC judgment

MADSEN-RIES and VANCE v PETERA [2015] NZHC 538     24 March 2015

Judgment appealed from

MADSEN-RIES AND VANCE AS LIQUIDATORS OF PETRANZ LTD (IN LIQ) v PETERA [2016] NZCA 103      8 April 2016

Leave judgment - leave dismissed

VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF PETRANZ LIMITED (IN LIQUIDATION) v DARRELL WARREN KARANEIHANA PETERA [2016] NZSC 94    28 July 2016

 

 

Case Number

SC 47/2016

Case Name Crocodile International PTE Limited v Lacoste
Summary

Civil Appeal – Trade Marks Act 2002, s 7(1)(a) – Whether the Court of Appeal erred in its interpretation and application of s 7(1)(a) Trade Marks Act 2002.     

[2016] NZCA 111   CA607/2014

Dates

A Leave to appeal is granted (Crocodile International Pte Ltd v Lacoste [2016] NZCA 111).

B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?


19 July 2016

Hearing

30 August 2016

 William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ.

Decision reserved

IPO NZ - Trade Marks Decision

Lacoste v Crocodile International Pte Ltd [2014] NZIPOTM 11   19 February 2014

HC judgment

LACOSTE v CROCODILE INTERNATIONAL PTE LIMITED [2014] NZHC 2349  25 September 2014

Judgment appealed from

CROCODILE INTERNATIONAL PTE LTD v LACOSTE [2016] NZCA 111   11 April 2016

Leave judgment - leave granted

 CROCODILE INTERNATIONAL PTE LIMITED v LACOSTE [2016] NZSC 88    19 July 2016

 

 

Case Number

SC 48/2016

Case Name New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Summary

Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation.                 

[2016] NZCA 131   CA570/2014

Dates

A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?


13 July 2016

Hearing

17 October 2016                                                                    

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

Decision reserved

Employment Court judgment

NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED v AIR NEW ZEALAND LIMITED NZEmpC AUCKLAND [2014] NZEmpC 168  11 September 2014

Judgment appealed from

AIR NEW ZEALAND LIMITED v NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED [2016] NZCA 131   15 April 2016

Leave judgment - leave granted

NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INCORPORATED v AIR NEW ZEALAND LIMITED [2016] NZSC 84     13 July 2016

 

 

Case Number

SC 49/2016

Case Name H v The Queen
Summary

Criminal appeal – Whether the trial Judge erred in his directions to the jury with respect to reliability, the standard of proof, representative counts and depictions of victims of sexual violence.          

[2015] NZCA 124   CA533/2014

Dates

The application for leave to appeal is dismissed.                      

15 August 2016

Judgment appealed from

H (CA533/2014) v R [2015] NZCA 124 (Stevens, Asher and Williams JJ).

Leave judgment - leave dismissed

H (SC 49/2016) v R [2016] NZSC 103     15 August 2016

 

 

Case Number

SC 50/2016

Case Name Malcolm Raymond Clarke v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge ought to have directed the jury that the applicant did not have the burden of proving that the complainant had a motive to lie.                                               

[2016] NZCA 91   CA586/2015

Dates

The application for leave to appeal is dismissed.                      

4 July 2016

Judgment appealed from

CLARKE v R [2016] NZCA 91   5 April 2016

Leave judgment - leave dismissed

MALCOLM RAYMOND CLARKE v R [2016] NZSC 79  4 July 2016

 

 

Case Number

SC 51/2016

Case Name Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90.                               

[2016] NZCA 151   CA173/2015

Dates

A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.


9 August 2016

HC judgment

REYNOLDS v CALVERT [2015] NZHC 400    9 March 2015

Judgment appealed from

CALVERT v REYNOLDS [2016] NZCA 151   22 April 2016

Leave judgment - leave dismissed

HILARY JANE CALVERT AND ORS v GRANT BRUCE REYNOLDS [2016] NZSC 100  9 August 2016

 

 

Case Number

SC 52/2016

Case Name T v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. 

[2016] NZCA 148   CA438/2015

Dates

The applications for leave to appeal are dismissed.                 

21 June 2016

 

 

Case Number

SC 53/2016

Case Name N v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety.                                                                           

[2016] NZCA 148   CA440/2015

Dates

The applications for leave to appeal are dismissed.                 

21 June 2016

 

 

Case Number

SC 54/2016

Case Name Whetu Sonny James Waiwai v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. 

[2016] NZCA 167   CA603/2015

Dates

The application for leave to appeal is dismissed.                      

13 July 2016                                                                                                        __

Judgment appealed from

WAIWAI v R [2016] NZCA 167    4 May 2016

Leave judgment - leave dismissed

WHETU SONNY JAMES WAIWAI v R [2016] NZSC 85   13 July 2016

 

 

Case Number

SC 55/2016

Case Name John Alfred Robinson v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 43(3)(e) – Whether the Court of Appeal erred in its application of the “collusion or suggestibility” criterion in assessing admissibility of propensity evidence under s 43. 

[2016] NZCA 188   CA375/2015

Dates

The application for leave to appeal is dismissed.                 

13 July 2016                                          __

Leave judgment - leave dismissed

JOHN ALFRED ROBINSON v R [2016] NZSC 86 [13 July 2016]

  

 

Case Number

SC 56/2016

Case Name AN v Counties Manukau District Health Board
Summary

Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal erred in not granting habeas corpus – Whether the Court of Appeal erred by making a costs award against the applicant – Whether the Court of Appeal erred by suppressing the applicant’s name.

[2016] NZCA 226   CA133/2016

Dates

A The application for leave to appeal is dismissed.

B There is no order for costs.

20 June 2016                                                                                     __

Judgment appealed from

AN v COUNTIES MANUKAU DISTRICT HEALTH BOARD [2016] NZCA 226  25 May 2016

 

  

Case Number

SC 57/2016

Case Name David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation)
Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993.        

[2016] NZCA 189   CA291/2015

Dates

A The application for leave to appeal by Mr Browne is dismissed.

B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.  The approved question is whether the orders for repayment ought to have been made against them.

C Costs are reserved.


16 August 2016

Hearing

10 November 2016

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ.

Decision reserved

HC judgment

DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) v DAVID CHARLES BROWNE [2015] NZHC 866  29 April 2015

Judgment appealed from

PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LTD (IN LIQ) V BROWNE [2016] NZCA 189    10 May 2016

Leave judgment - leave granted

DAVID CHARLES BROWNE v DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) [2016] NZSC 107    16 August 2016

 

  

Case Number

SC 58/2016

Case Name Morris Burton Suckling v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its application of s 109 of the Tax Administration Act 1994 – Whether the District Court erred in failing to consider objections to the admissibility of propensity evidence. 

[2016] NZCA 187   CA468/2015

Dates

The application for leave to appeal is dismissed.                      

 4 July 2016

Judgment appealed from

SUCKLING v R [2016] NZCA 187    10 May 2016

Leave judgment - leave dismissed

MORRIS BURTON SUCKLING v R [2016] NZSC 80    4 July 2016

 

  

Case Number

SC 59/2016

Case Name Wayne Anthony Jonathon Houpapa v The Queen
Summary

Criminal Appeal – Appeal against sentence – Whether the Court of Appeal erred in not giving the defendant a discount for his guilty plea.                                               

[2016] NZCA 206   CA525/2015

Dates _

 

  

Case Number

SC 60/2016

Case Name B v Waitemata District Health Board
Summary

Civil Appeal – Whether the Court of Appeal erred in determining that the respondent’s smoke-free policy did not breach the applicant’s rights under the Bill of Rights Act 1990.                                                                   

[2016] NZCA 184   CA524/2013

Dates

A The application for leave to appeal is granted in part (B v Waitemata District Health Board [2016] NZCA 184).
B Costs are reserved.                                                               

 25 August 2016

Hearing

16 November 2016

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ.

Decision reserved

HC judgment

B v Waitemata District Health Board [2013] NZHC 1702

Judgment appealed from

B v Waitemata District Health Board [2016] NZCA 184

Leave judgment - leave granted

B (SC 60/2016) v WAITEMATA DISTRICT HEALTH BOARD [2016] NZSC 111   25 August 2016

 

  

Case Number

SC 61/2016

Case Name ASG v Harlene Hayne
Summary

Civil appeal – Criminal procedure Act, s 200 – Whether the Court of Appeal erred in its interpretation of "publication" under s 200 – Was information relied on by the employer obtained contrary to an order made under s 200 and if so, does it matter.  

[2016] NZCA 203   CA703/2014

Dates

A Leave to appeal is granted (ASG v Hayne [2016] NZCA 203)
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011?  And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?


18 August 2016

Hearing 14 November 2016
William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ.

To be re-scheduled due to earthquake disruption

8 February 2017                                                                      
William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

Employment Court decision HARLENE HAYNE, VICE CHANCELLOR OF THE UNIVERSITY OF OTAGO v ASG [2014] NZEmpC 208   11 November 2014
Judgment appealed from ASG v HARLENE HAYNE, VICE CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZCA 203  16 May 2016
Leave judgment - leave granted ASG v HARLENE HAYNE, VICE CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZSC 108  18 August 2016

 

   

Case Number

SC 62/2016

Case Name Leiden Cheyne O'Sullivan v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining an extension of time to appeal – Whether the applicant should be permitted to vacate his guilty pleas.  

[2016] NZCA 204   CA20/2016

Dates

The applications for leave to appeal are dismissed                

2 September 2016

 

   

Case Number

SC 63/2016

Case Name Camille Iriana Thompson v The Attorney-General
Summary

Civil Appeal – Whether the Court of Appeal erred in its approach to New Zealand Bill of Rights Act 1990 compensation in relation to judicial acts. 

[2016] NZCA 215   CA590/2014

Dates

A The application for leave to appeal is dismissed.

B We make no award of costs.


7 October 2016

 

 

Case Number

SC 64/2016

Case Name Dean John Drever v The Queen
Summary

Criminal Appeal – Whether Court of Appeal was wrong to hold that there was not a miscarriage of justice– Whether the Court of Appeal erred in upholding the minimum period of imprisonment.  

[2016] NZCA 249   CA457/2014

Dates

The application for leave to appeal is dismissed.                        

27 July 2016

 

 

Case Number

SC 65/2016

Case Name John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Summary

Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement.           

[2016] NZCA 241   CA750/2014

Dates

A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500

30 August 2016

 

 

Case Number

SC 66/2016

Case Name Michael Brian Ogden v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the error made by the District Court Judge in considering a formal written statement which was on the court file but had not been admitted in evidence was not so gross, prejudicial or irremediable as to render the trial unfair. 

[2016] NZCA 214   CA609/2015

Dates

The application for leave to appeal is dismissed.                                              

3 August 2016

 

 

Case Number

SC 67/2016

Case Name Peter Alan Hutchins v The Queen
Summary

Criminal appeal – Whether the Court of Appeal erred in finding no risk of miscarriage despite concluding that jury directions did not conform with best practice. 

[2016] NZCA 173   CA403/2015

Dates

A An extension of time to apply for leave to appeal is granted
B The application for leave to appeal is dismissed                  

31 August 2016

 

 

Case Number

SC 68/2016

Case Name Olivia Waiyee Lee v Whangarei District Council
Summary

Civil Appeal – Whether the Court of Appeal erred in its application of the limitation provisions of the Building Act 2004 and Weathertight Homes Resolution Services Act 2006.

[2016] NZCA 258   CA656/2015

Dates

A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.

3 August 2016

Hearing

19 October 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Result

A The appeal is allowed.  The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant.  We certify for second counsel.
 C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.


22 December 2016

HC judgment 
Judgment appealed from 

LEE V WHANGAREI DISTRICT COUNCIL [2016] NZCA 258    15 June 2016

Leave judgment OLIVIA WAIYEE LEE v WHANGAREI DISTRICT COUNCIL [2016] NZSC 98   3 August 2016
Substantive judgment - Media release

 

 

Case Number

SC 69/2016

Case Name Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Summary

Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. 

[2016] NZCA 204   CA358/2015

Dates

A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500

26 August 2016

 

 

Case Number

SC 70/2016

Case Name Derek Peter Wheeldon and Carol Ann Wheeldon, Anthony John Butcher and Ruth Barbara Rogers, Larry Lawrence Small and KM Trustees Services Limited, Ivor Anthony Millington and Neville Eade v Body Corporate 342525
Summary

Civil Appeal –– Whether the Court of Appeal erred in its interpretation of s 138(1)(d) of the Unit Titles Act 2010 – Whether the Court of Appeal erred in its interpretation of s 49(1) of the Building Act 2004 – Whether the Court of Appeal erred in its interpretation of the Building Code. 

[2016] NZCA 247   CA290/2015

Dates

A The application for leave to appeal is dismissed

B The applicants are to pay the respondent costs of $2,500


14 September 2016

 

 

Case Number

SC 71/2016

Case Name Vijendra Kumar Naiker v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding no error in the trial judge’s decision not to discharge the jury – Whether the Court of Appeal erred in finding the trial judge gave an adequate reliability warning.                                          

           

[2016] NZCA 250   CA562/2015

Dates

The application for leave to appeal is dismissed.                      

2 September 2016

 

 

Case Number

SC 72/2016

Case Name Auckland Council and James Hardie New Zealand v Weathertight Homes Tribunal, and The Chief Executive of the Ministry of Business, Innovation and Employment, and Body Corporate 19500, and Gefei Liang and Others
Summary

Civil Appeal – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the Weathertight Homes Resolution Services Act 2006 is that the multi-unit complex claim does not need to independently meet the s 16(a) eligibility criterion for resolution – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the 2006 Act is that all of the claimants represented in the multi-unit complex claim receive the benefit of the date the withdrawn claim was brought under the Weathertight Homes Resolution Services Act 2002 for the purposes of s 37 of the 2006 Act.

[2016] NZCA 256   CA552/2015, CA564/2015

Dates

A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.


16 September 2016

 

 

Case Number

SC 73/2016

Case Name K v The Queen
Summary

Criminal appeal – Search and Surveillance Act 2012, s 15 – Whether the Court of Appeal erred in its interpretation of the warrant preference rule in the light of the Search and Surveillance Act, particularly ss 100 and 117.                           

[2016] NZCA 259   CA115/2016

Dates

Judgment released. Details, including result, are suppressed until final disposition of trial.                                                       

16 August 2016

Hearing

 

 

Case Number

SC 74/2016

Case Name Sara-Jane Skeet v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against her convictions for blackmail and kidnapping – Whether the Court of Appeal erred in its interpretation of the elements of the offence of blackmail as set out in s 237 of the Crimes Act 1961.                                

[2016] NZCA 198   CA210/2015

Dates

The application for leave to appeal is dismissed.                              

6 September 2016

 

 

Case Number

SC 75/2016

Case Name Shahidan Nisha v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the applicant’s knowledge of English was sufficient to ensure a fair trial.

 

[2016] NZCA 294   CA624/2015

Dates

The application for leave to appeal is dismissed.                    

30 August 2016

 

 

Case Number

SC 76/2016

Case Name Steven Ray Churchis v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that the trial Judge’s directions were adequate.                                                                

[2016] NZCA 264   CA391/2015

 

Dates

The application for leave to appeal is dismissed.                     

28 September 2016

 

 

Case Number

SC 77/2016

Case Name David Obiaga v The Queen
Summary

Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding no mistrial due to trial counsel error or juror ill-health – Whether Court of Appeal erred in finding no misuse of co-defendant’s statement – Whether Court of Appeal erred in upholding sentence. 

[2016] NZCA 270   CA390/2015, CA395/2015 

Dates

The application for leave to appeal is dismissed.                               

8 December 2016

Judgment appealed from

OBIAGA AND LEEFE V R [2016] NZCA 270    20 June 2016

Leave judgment - leave dismissed

DAVID OBIAGA v R [2016] NZSC 162    8 December 2016

 

 

Case Number

SC 78/2016

Case Name Peter Anthony Williams v Trevor Nelson Cameron and Robin Whalley and Richards Woodhouse
Summary

Civil Appeal – Whether the Court of Appeal erred in declining an application for extension of time to appeal, on the basis that the applicant alleges that the respondents’ lawyers have acted in breach of Rules of Conduct and Client Care.   

 [2016] NZCA 317   CA136/2016

Dates

A The application for leave to appeal is dismissed
B The applicant must pay the respondents costs of $2,500    

5 September 2016

 

 

Case Number

SC 79/2016

Case Name Jeffrey Francis McClintock v The Attorney-General and Red Beach Board of Trustees
Summary

Civil appeal – Whether the Court of Appeal erred in its decision to reinstate but stay the proceedings until satisfaction of specified conditions – Whether the Court of Appeal erred in refusing to make an order for costs.                                          

[2016] NZCA 274   CA175/2016  

Dates A The application for leave to appeal is dismissed.

B We award costs of $1,000 to the second respondent.

4 October 2016

 

 

Case Number

SC 80/2016

Case Name X v W and The Queen
Summary

Civil Appeal – Whether the Court of Appeal erred in determining that it had no jurisdiction to appoint independent counsel to represent the applicant in criminal proceedings in respect of which he is the complainant.

CA731/2015 

Dates

The application for leave to appeal is dismissed.           

16 August 2016

 

 

Case Number

SC 81/2016

Case Name Alistair Stuart Lyon v The Queen
Summary

Criminal Appeal – Conviction Appeal – Whether the Court of Appeal erred in its analysis of trial counsel competence – Whether the Court of Appeal erred in its approach to the evidence.   

[2016] NZCA 293   CA746/2014

Dates

The application for leave to appeal is dismissed.                     

29 September 2016

 

 

Case Number

SC 82/2016

Case Name Bodie Hoani Ngapaki Stewart v The Queen
Summary

Criminal Appeal – Appeal against conviction – Juries Act 1981, s 22– Whether the Court of Appeal erred in its conclusion that the trial Judge was not wrong to discharge the second juror. 

[2016] NZCA 217   CA27/2016

Dates

A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.


3 October 2016

 

 

Case Number

SC 83/2016

Case Name Narayan Prasad v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that deficiencies in reliability warning did not lead to a miscarriage of justice – Whether Court of Appeal erred in finding no deficiencies in directions on previous acquittal evidence.                                                  

[2016] NZCA 163    CA695/2014

Dates

A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.


3 November 2016

 

 

Case Number

SC 84/2016

Case Name Green Growth No. 2 Limited v Queen Elizabeth The Second National Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in holding that the respondent was entitled to rectification of the covenant – Whether the Court of Appeal erred in holding that the covenant was not invalid – Whether the Court of Appeal erred in holding that the respondent’s notification of the covenant was not wrongful in terms of s 81 of the Land Transfer Act 1952.   

[2016] NZCA 308   CA47/2015

Dates

 

 

Case Number

SC 85/2016

Case Name D v Immigration and Protection Tribunal New Zealand and  Chief Executive of the Ministry of Business, Innovation and Employment
Summary

Civil appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal erred in its interpretation and application of s 249.  

[2016] NZCA 320   CA642/2015

Dates

 

 

Case Number

SC 86/2016

Case Name Shivneel Shahil Kumar v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence.                                                    

[2016] NZCA 329   CA264/2015

Dates

 

 

Case Number

SC 87/2016

Case Name Bryne Permal v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence.                     

[2016] NZCA 329   CA310/2015

Dates

 

 

Case Number

SC 88/2016

Case Name Yao Wei He v Zhixiong Chen
Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in refusing to grant an application for leave to adduce further evidence – Whether the Court of Appeal erred in dismissing the appeal of the decision of the High Court. 

[2016] NZCA 340   CA435/2015

Dates A The application for leave to appeal and the application to adduce further evidence are dismissed.
B Costs of $7,500 are payable to the respondent.

21 November 2016
HC judgment Chen v He [2015] NZHC 1593
Judgment appealed from HE v ZHIXIONG CHEN [2016] NZCA 340     19 July 2016
Leave judgment - leave dismissed YAO WEI HE v ZHIXIONG CHEN [2016] NZSC 151      21 November 2016

 

 

Case Number

SC 89/2016

Case Name PricewaterhouseCoopers v Robert Bruce Walker and John Marshall Scutter as liquidators of Property Ventures Limited (in liquidation) and Robert Bruce Walker as liquidator of Five Mile Holdings Limited (in receivership and liquidation) and Montecristo Construction Company Limited (in liquidation), Castle Street Ventures Limited (in receivership and liquidation), Livingspace Properties (in receivership and liquidation) & Ors
Summary

Criminal Appeal – Whether the Court of Appeal erred in not finding an assignment of debt and security impermissible – Whether Court of Appeal erred in not finding proceedings to be an abuse of process.

[2016] NZCA 338   CA475/2015

Dates

A Leave to appeal is granted (PricewaterhouseCoopers v Walker [2016] NZCA 338)
B The approved question is: Did the Court of Appeal err in upholding the High Court’s refusal to stay the proceeding?     

13 December 2016

Judgment appealed from

PRICEWATERHOUSECOOPERS v WALKER AND OTHERS [2016] NZCA 338  19 July 2016

Leave judgment - leave granted

PRICEWATERHOUSECOOPERS v WALKER AND OTHERS [2016] NZSC 165  13 December 2016

 

 

Case Number

SC 90/2016

Case Name Demissie Tefera Asgedom v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  

[2016] NZCA 334   CA451/2015

Dates

The applications for leave to appeal are dismissed.                  

25 October 2016

 

 

Case Number

SC 91/2016

Case Name Nebiyou Tefera Demissie v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  

[2016] NZCA 334   CA533/2015

Dates

The applications for leave to appeal are dismissed.                  

25 October 2016

 

 

Case Number

SC 92/2016

Case Name G v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal was wrong to hold that information obtained from a third party without a search warrant or production order is admissible as evidence in the applicant’s trial. 

[2016] NZCA 390   CA161/2016

Dates

 

 

Case Number

SC 93/2016

Case Name J v Accident Compensation Corporation
Summary

Civil Appeal – Accident Compensation Act 2001, s 103(2) – Whether High Court erred in holding the District Court was wrong to find that the applicant was unable because of personal injury to return to pre-injury employment.

[2016] NZHC 1683   CIV-2015-412-000125

Dates
Hearing

Leave Hearing 25 November 2016.                                           

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

 

 

Case Number

SC 94/2016

Case Name Alexander Pieter van Heeren v Michael David Kidd
Summary

Civil Appeal– Whether the Court of Appeal erred in upholding the decision of the High Court finding that an issue estoppel can arise in New Zealand proceedings based on findings made by a foreign court –Whether the Court of Appeal then erred in upholding the direction of the High Court for a summary account.                                                                              

[2016] NZCA 401  CA 247/2015

Dates

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.               

9 December 2016

Judgment appealed from 

VAN HEEREN v KIDD [2016] NZCA 401    19 August 2016

Leave judgment - leave dismissed

ALEXANDER PIETER VAN HEEREN v MICHAEL DAVID KIDD [2016] NZSC 163    9 December 2016

  

 

Case Number

SC 95/2016

Case Name Scott v Williams
Summary

Civil Appeal – Property (Relationships) Act 1976 – Whether value of legal practice properly set by High Court ¬– Whether Court of Appeal erred in value of award made under s 15 PRA – Whether Court of Appeal erred in upholding decision of the High Court to order sale of property.                                         

[2016] NZCA 356  CA 58/2015

Dates

A  Leave to appeal and leave to cross appeal are granted (Scott v Williams [2016] NZCA 356).
B  The approved questions are:
(i) Was the approach taken in the lower courts to the valuation of the respondent’s practice correct?
(ii) Was the amount awarded to the applicant under s 15 of the Property (Relationships) Act 1976 correct?
(iii) Should the order that the Remuera properties be sold, rather than vested in the applicant, have been made?

9 November 2016

Hearing

14 and 15 March 2017                                                                     
Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

 

 

Case Number

SC 96/2016

Case Name Zacharius Rakena v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice had occurred in relation to the trial Judge’s decision not to poll the jury after the verdict was delivered – Whether the trial Judge erred in not making further enquiry into the jury process – Whether the Court of Appeal erred in finding that the jury’s verdict was reasonable.              

 [2016] NZCA 357   CA747/2015

Dates

The application for leave to appeal is dismissed.                                  

18 October 2016

 

 

Case Number

SC 97/2016

Case Name Janet Elsie Lowe v Director General of Health, Ministry of Health and Chief Executive, Capital and Coast District Health Board
Summary

Civil appeal – Employment Relations Act 2000, s 5 – Whether the Court of Appeal erred in its interpretation and application of the term “engaged” in the definition of “homeworker” in s 5 – Whether the Court of Appeal acted outside its jurisdiction.  

[2016] NZCA 369   CA169/2015

Dates

A Leave to appeal is granted.
B The approved question is whether the applicant was a “homeworker” within the meaning of s 5 of the Employment Relations Act 2000 and deemed to be an employee of the first and second respondents when she undertook support care pursuant to the Carer Support scheme.

2 November 2016

Hearing 10 February 2017                                                                     
William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

 

 

Case Number

SC 98/2016

Case Name Janferie Maeve Almond v Bruce James Read and Others, Ethne Glays Read, and Christopher John Read
Summary

Civil Appeal – Whether the Court of Appeal erred in failing to grant the applicant an extension of time to bring her appeal.    

[2016] NZCA 147   CA730/2015

Dates

A The amended application for leave to appeal is granted (Almond v Read [2016] NZCA 147).

B The approved question is whether the Court of Appeal was right to refuse the appellant’s application for an extension of time to appeal.

2 November 2016

Hearing

Leave hearing 5 December 2016.                                          

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

Decision reserved

 

 

Case Number

SC 99/2016

Case Name Lakes International Golf Management Limited and The Lakes International Golf Course Limited v Hartley Clendon Vincent
Summary

Civil Proceedings – Whether the Court of Appeal adopted the correct approach to the use of extrinsic evidence when interpreting a covenant.

[2016] NZCA 382   CA 699/2015

Dates

A Leave to appeal is granted (Vincent v Lakes International Golf Management Ltd [2016] NZCA 382).
B The approved questions are:
(i) Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?
(ii) Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?

21 November 2016

Hearing

27 March 2017                                                                      

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

reissued High Court judgment

LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED v VINCENT [2015] NZHC 2771 9 November 2015

Judgment appealed from

VINCENT v LAKES INTERNATIONAL GOLF MANAGEMENT LTD [2016] NZCA 382   9 August 2016 

Leave judgment - leave granted

LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED v VINCENT [2016] NZSC 153
21 November 2016

 

 

Case Number

SC 100/2016

Case Name Lewis Ata Turahui for and on behalf of Araukuku Hapu v The Waitangi Tribunal, and The Attorney-General, and Nga Hapu O Ngaruahine Iwi Incorporated and Te Runanga O Ngati Ruanui Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the Taranaki Tribunal had found no breach of Treaty principles in relation to a Waitangi Tribunal claim– Whether the Court of Appeal erred in finding that a delay in seeking an urgent hearing is a relevant consideration for the Waitangi Tribunal when deciding whether to hold an urgent hearing.                          

[2016] NZCA 387   CA448/2015

Dates

A  The application for leave to appeal is dismissed.
B   There is no award of costs.

1 December 2016

HC judgment

Tūrāhui v Waitangi Tribunal [2015] NZHC 1624 

Judgment appealed from

LEWIS ATA TŪRĀHUI for and on behalf of ĀRAUKŪKŪ HAPŪ V THE WAITANGI TRIBUNAL [2016] NZCA 387     10 August 2016

Leave judgment - leave dismissed

LEWIS ATA TŪRĀHUI for and on behalf of ĀRAUKŪKŪ HAPŪ V THE WAITANGI TRIBUNAL [2016] NZSC 157     1 December 2016

 

 

Case Number

SC 101/2016

Case name Quake Outcasts v Minister of Canterbury Earthquake Recovery and The Chief Executive, Canterbury Earthquake Recovery Authority
Summary

Civil Appeal – Judicial Review – Direct Appeal from High Court – Whether the High Court erred in concluding that the Minister’s decision was not inconsistent with previous Supreme Court judgment.                          

[2016] NZHC 1959   CIV-2016-409-000050  

Dates

A The application for leave to appeal is dismissed
B The applicants must pay costs of $1,000 to the respondents

13 December 2016

Judgment appealed from

QUAKE OUTCASTS v MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZHC 1959     22 August 2016

Leave judgment - leave dismissed

QUAKE OUTCASTS v THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZSC 166    13 December 2016

 

 

Case Number

SC 102/2016

Case Name Dean James Charlton v The Queen
Summary

 Criminal Appeal – Whether the Court of Appeal erred in finding that there was sufficient evidence to support the applicant’s conviction for rape.                                                                 

[2016] NZCA 212   CA452/2015        

 

Dates

 

 

Case Number

SC 103/2016

Case Name Friedrich Joachim Fehling v Attorney-General
Summary

Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the claimed dismissal of a statement of claim for a local body election should be nullified.                                                                                    

CIV 2016-418-000020              

Dates

A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.


24 November 2016

 

 

Case Number

SC 104/2016

Case Name Friedrich Joachim Fehling v West Coast District Health Board
Summary

Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the Human Rights Review Tribunal erred in not accepting certain documents for filing.      

Dates

A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $1,500.


24 November 2016

 

 

Case Number

SC 105/2016

Case Name Kaveinga Helotu Lavemai v The Queen
Summary

Criminal Appeal – Sentencing – Whether the Court of Appeal erred by dismissing the appeal against sentence.                         

[2016] NZCA 363   CA344/2014     

Dates

The application for leave to appeal is dismissed.


 2 November 2016

 

 

Case Number

SC 106/2016

Case Name Hawke's Bay Regional Investment Company Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated and Minister of Conservation
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Conservation Act 1987, s 18(7).             

[2016] NZCA 411   CA118/2016  

Dates

A  The applications for leave to appeal are granted (Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZCA 411).
B  The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.

13 December 2016

Hearing
HC judgment
Judgment appealed from
Leave judgment - leave granted

  

 

Case Number

SC 107/2016

Case Name Minister of Conservation v Royal Forest and Bird Protection Society of New Zealand Incorporated and Hawke's Bay Regional Investment Company Limited
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Conservation Act 1987, s 18(7).                

[2016] NZCA 411   CA118/2016             

Dates

A The applications for leave to appeal are granted (Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZCA 411).
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.             

13 December 2016

Hearing
Judgment appealed from 
Leave judgment - leave granted

 

 

Case Number

SC 108/2016

Case Name TWA v HC and Chief Executive of the Ministry of Social Development
Summary

Civil appeal – Whether the Court of Appeal erred in refusing to issue a writ of habeas corpus – Whether the Court of Appeal erred in transferring the application to the Family Court – Whether the Court of Appeal erred in directing that the existing care arrangements are to continue.     

  [2016] NZCA 459   CA381/2016   

Dates

The application for leave to appeal is dismissed.                         

18 October 2016

 

 

Case Number

SC 109/2016

Case Name An Li Tao v Strata Title Administration Limited, and Jigar Pandya, and Body Corporate 168693
Summary

Civil appeal – Whether the Court of Appeal erred by declining to review the Deputy Registrar’s decision declining to dispense with or reduce security for costs.                  

[2016] NZCA 437   CA226/2016

Dates

The application for leave to appeal is dismissed.       

              
9 November 2016

HC

Tao v Strata Title Administration [2016] NZHC 814

Judgment appealed from

Tao v Strata Title Administration [2016] NZCA 437

Leave judgment - leave dismissed AN LI TAO v STRATA TITLE ADMINISTRATION LIMITED [2016] NZSC 150    9 November 2016

 

 

Case Number

SC 110/2016

Case Name Dillin Pakai v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.

[2016] NZCA 343   CA663/2014            

Dates
Hearing

 

 

Case Number

SC 111/2016

Case Name Shane Pierre Harrison v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.  

 [2016] NZCA 343   CA554/2014               

Dates
Hearing

 

 

Case Number

SC 112/2016

Case Name Morris Burton Suckling v The Queen
Summary

 

[2016] NZCA 187   CA468/2015  

Dates

A  The application for leave to appeal is dismissed.
B  There is no order for costs.


4 October 2016

 

 

Case Number

SC 113/2016

Case Name Samuel Owen Weenink v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether there has been a miscarriage of justice due to inconsistency of verdicts – Whether fresh evidence gives rise to a miscarriage of justice.      

[2016] NZCA 667   CA17/2013       

Dates
Hearing

 

 

Case Number

SC 114/2016

Case Name Dinh Tu Do v New Zealand Police
Summary

Criminal Appeal –Whether the Court of Appeal erred in finding that the order made by the District Court Judge under s 65B of the Land Transport Act 1998 did not operate retrospectively – Whether the Court of Appeal erred in holding the sentencing Judge was not required to give a warning at the time of the first offence that a s 65B order could be made if a second offence was later committed.                                                        
[2016] NZCA 420   CA600/2015

Dates
Hearing

 

 

Case Number

SC 115/2016

Case Name Kawarau Village Holdings Limited and Melview (Kawarau Falls Station) Investments Limited (in receivership) v Ho Kok Sun, Peninsula Road Limited (in receivership & in liquidation) and Russell McVeagh
Summary

Civil appeal – Whether the Court of Appeal erred in its interpretation of a sale and purchase agreement – Whether there was breach of an essential obligation – Whether the purchasers were required to settle the agreement when called upon.

NZCA 427 CA105/2015

Dates

A Leave to appeal is granted (Sun and Ors v Peninsula Road Ltd (in rec and in liq) [2016] NZCA 427).
B The approved question is whether the Court of Appeal was correct to allow the respondents’ appeal to that Court.                    

21 December 2016

Hearing
Judgment appealed from 
Leave judgment - leave granted

 

 

Case Number

SC 116/2016

Case Name NR v MR and Jackson Russell and District Court at Auckland
Summary

Civil Appeal – Whether the process followed by the Court of Appeal in determining the applicant’s appeal was consistent with the principles of natural justice.                                                          

[2016] NZCA 429   CA461/2014

Dates

A The applications for recusal and leave to appeal are dismissed.
B Costs of $5,000 are awarded to the first respondent.                    

6 December 2016

Judgment appealed from

NR v DISTRICT COURT AT AUCKLAND [2016] NZCA 429    12 September 2016

Leave and recusal judgment - dismissed

NR v MR [2016] NZSC 160     6 December 2016

 

 

Case Number

SC 117/2016

Case Name T v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal on the ground that the use of representative charges covering 10–12 years was unfair.

[2016] NZCA 235   CA 561/2014

Dates
Hearing

 

 

Case Number

SC 118/2016

Case Name Solicitor-General's Reference (No 1 of 2016) from CRI 2015-485-52, High Court at Christchurch
Summary

Criminal Appeal – Land Transport Act 1998 – Whether the Court of Appeal erred in determining that the requirements of s 90 of the Land Transport Act 1998 had not been met – Whether the Court of Appeal erred in holding the correct remedy was the quashing of the defendant’s conviction.                        

[2016] NZCA 417   CA663/2015

Dates

A The application for leave to appeal is granted (Solicitor-General’s Reference (No 1 of 2016) [2016] NZCA 417).
B The approved question is whether the Court of Appeal was right to answer the two questions before it in the way that it did.         

19 December 2016

Hearing
Judgment appealed from
Leave judgment - leave granted

 

 

Case Number

SC 119/2016

Case Name S v The Queen
Summary

Criminal Appeal – Appeal against conviction – Customs and Excise Act 1996, s 151 – Evidence Act 2006, s 30 – Whether Court of Appeal erred in finding s 151 Customs and Excise Act authorised warrantless search – Whether Court of Appeal erred in not excluding evidence under s 30 Evidence Act.    

[2016] NZCA 448   CA712/2015

Dates

The application for leave to appeal is dismissed.                             

22 December 2016

Leave judgment - leave dismissed

S (SC 119/2016) v R [2016] NZSC 172    22 December 2016

 

 

Case Number

SC 120/2016

Case Name Rae Beverly Adlam v John Tionga Savage, Lawrence Te Aokahari Niao, Patrick Mayne Savage, Samuel Kelvin Barnes and Tamati Drawbridge as Trustees of the Matata Parish 39A 2A Ahu Whenua Trust; and Helen Maria Savage and Raelyn Arihia Peita as Trustees of the Otonga Whanau Trust; and Huia Ann Pacey, John Tionga Savage, Lawrence Te Aokahari Niao, Regina Victoria Rintoul and Samuel Kelvin Barnes as Trustees of the Matata Parish 39A 2B 2B 2A Ahu Whenua Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in reinstating the order of the Māori Land Court requiring the applicant to account to the Bath Trust in the amount of $11,200,000.            

[2016] NZCA 454   CA223/2015

Dates
Hearing

 

 

Case Number

SC 121/2016

Case Name B v The Queen
Summary

[2016] NZCA 461   CA326/2016

Dates
Hearing

 

 

Case Number

SC 122/2016

Case Name Dominique Anita Reti v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 45 – Whether the Court of Appeal erred in holding that visual identification evidence identifying the applicant was properly admitted at trial.                                     

[2016] NZCA 447   CA312/2016

Dates

The application for leave to appeal is dismissed.                             

21 December 2016

Judgment appealed from 

RETI v R [2016] NZCA 447      19 September 2016

Leave judgment - leave dismissed

DOMINIQUE ANITA RETI v R [2016] NZSC 169  21 December 2016

 

 

Case Number

SC 123/2016

Case Name W v The Queen
Summary

 

[2016] NZCA 461   CA310/2016

Dates
Hearing

 

 

Case Number

SC 124/2016

Case Name Cyrus Christian (AKA William John Tassell) v The Queen
Summary

Criminal Appeal – Appeal against conviction – Crimes Act 1961, s 128A – Whether the Court of Appeal erred in its interpretation of s 128A of the Crimes Act 1961 – Whether the Court of Appeal erred in finding that the jury must have accepted the complainant’s evidence. 

[2016] NZCA 450   CA148/2015

Dates

A Leave to appeal is granted (Christian (aka Tassell) v R [2016] NZCA 450).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.                                         

21 December 2016

Hearing
Judgment appealed from  CHRISTIAN (AKA TASSELL) V R [2016] NZCA 450    22 September 2016
Leave judgment - leave granted CYRUS CHRISTIAN (AKA WILLIAM JOHN TASSELL) v R [2016] NZSC 170  21 December 2016

 

 

Case Number

SC 125/2016

Case Name Ashor Gorgus v The Queen
Summary

Criminal Appeal – Appeal against sentence – Whether sentence was manifestly excessive.   

[2016] NZCA 508   CA706/2015 

Dates

The application for leave to appeal is dismissed.                               

7 December 2016

Judgment appealed from 
Leave judgment - leave dismissed

 

 

Case Number

SC 126/2016

Case Name Ian Edward Hitchcock v The Queen
Summary

 

[2016] NZCA 465   CA265/2015

Dates
Hearing

 

 

Case Number

SC 127/2016

Case Name X v The Attorney-General and YFT
Summary

 

[2016] NZCA 475   CA741/2015

Dates
Hearing

 

 

Case Number

SC 128/2016

Case Name Y v The Attorney-General
Summary

 

[2016] NZCA 474   CA271/2015

Dates
Hearing

 

 

Case Number

SC 129/2016

Case Name F v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding the jury verdicts were reasonable – Whether the Court of Appeal took the correct approach to an automatism disorder – Whether the Court of Appeal erred in finding that there was no juror impartiality.             

[2016] NZCA 180    CA705/2015                                                             

 

Dates
Hearing

 

 

Case Number

SC 130/2016

Case Name Gary Owen Burgess v Malley & Co
Summary

Civil Appeal – Whether the Court of Appeal erred in declining to review the Registrar’s decision to decline to dispense with security for costs.  


[2016] NZCA 484   CA251/2016

Dates
Hearing

 

 

Case Number

SC 131/2016

Case Name Affco New Zealand Limited v New Zealand Meat Workers and related Trades Union Incorporated and Ors
Summary

Civil Appeal – Employment Relations Act 2000 – Whether Court of Appeal erred in finding concession by counsel – Whether Court of Appeal erred in finding applicant’s conduct defeated existing rights of employees – Whether Court of Appeal erred in its interpretation of s 82 of the Employment Relations Act.   

[2016] NZCA 482   CA700/2015 

Dates
Hearing

 

 

Case Number

SC 132/2016

Case Name W v The Queen
Summary

Criminal Appeal – Whether the High Court Judge erred in rejecting the applicant’s challenge to jurisdiction.                        

[2016] NZHC 2401    CRI 2016-087-000335

Dates The application for leave to appeal is dismissed.                              

30 November 2016

 

 

Case Number

SC 133/2016

Case Name Derek Lester King v The Queen
Summary

 

[2016] NZCA 506   CA7/2013

Dates
Hearing

 

 

Case Number

SC 134/2016

Case Name Todd Aaron Marteley v The Queen
Summary

 

[2016] NZCA 480   CA509/2011

Dates
Hearing

 

 

Case Number

SC 135/2016

Case Name Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Merchant Partners LP, and First New Zealand Capital, and Forsyth Barr Limited
Summary

Civil Appeal – Securities Act 1978 – Whether the Court of Appeal erred in its interpretation and application of the Securities Act 1978, ss 2, 55 and 56 – Whether the Court of Appeal findings preclude Fair Trading Act 1986 claims.   

                     
[2016] NZCA 493   CA578/2014

Dates
Hearing

 

 

Case Number

SC 136/2016

Case Name Glenn Roderick Holland v Chief Executive of the Department of Corrections
Summary

Criminal Appeal – Parole Act 2002, pt 1A – Extended supervision order – Whether the Court of Appeal erred in its interpretation of the Parole Act 2002 – Whether the Court of Appeal erred in its assessment of the gravity of the offending – Whether the Court of Appeal erred in holding that the length of the extended supervision order was proportionate to the risk posed by the defendant.   

[2016] NZCA 504   CA119/2016

Dates
Hearing

 

 

Case Number

SC 137/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary [2016] NZCA 513   CA740/2015
Dates
Hearing

 

 

Case Number

SC 138/2016

Case Name Mark Albert Horsfall v Diana Jane Potter and 168 Group Limited
Summary [2016] NZCA 514   CA720/2014
Dates
Hearing

 

 

Case Number

SC 139/2016

Case Name Ryan Warren Geary-Smart v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. 

[2016] NZCA 509   CA132/2015

Dates
Hearing

 

 

Case Number

SC 140/2016

Case Name Jacob Christopher Geary-Smart v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence.                                       

[2016] NZCA 509   CA134/2015

Dates
Hearing

 

 

Case Number

SC 141/2016

Case Name New Health New Zealand Incorporated v South Taranaki District Council and Attorney-General for and on behalf of the Minister of Health
Summary

Civil Appeal – New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its application of the New Zealand Bill of Rights Act to the fluoridation of water supplies – Whether the Court of Appeal erred in concluding an appeal was moot – Whether the Court of Appeal erred in upholding the Medicines Amendment Regulations 2015.                                                 

[2016] NZCA 462   CA159/2014

Dates
Hearing

 

 

Case Number

SC 142/2016

Case Name Jacqueline Ann Cameron v The Queen
Summary [2016] NZCA 536   CA505/2013
Dates
Hearing

 

 

Case Number

SC 143/2016

Case Name James Gerard Mercer v Commonwealth of Australia
Summary [2016] NZCA 503   CA134/2016
Dates
Hearing

 

 

Case Number

SC 144/2016

Case Name Leslie McGeachin v The Queen
Summary [2015] NZCA 558   CA730/2013
Dates
Hearing

 

 

Case Number

SC 145/2016

Case Name David Brown and Glen Sycamore v New Zealand Basing Limited
Summary

Civil appeal – Employment Relations Act 2000 – Whether the Court of Appeal was correct to conclude that by selecting a different legal jurisdiction to govern their relationship, the parties could contract out of the right in the Employment Relations Act to be free from dismissal and discrimination based on age.

[2016] NZCA 525   CA12/2015

Dates
Hearing

 

 

Case Number

SC 146/2016

Case Name Sayed Reza Hussaini v The Queen
Summary [2016] NZCA 413   CA498/2015
Dates
Hearing

 

 

Case Number

SC 147/2016

Case Name Malcolm Edward Rabson v Attorney-General
Summary [2016] NZHC 2876   CIV 2016-485-000149
Dates
Hearing

 

 

Case Number

SC 148/2016

Case Name S v The Queen
Summary CA 539/2014     [2016] NZCA 575
Dates
Hearing

 

 

Case Number

SC 149/2016

Case Name B v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining application for a non-party disclosure hearing.                            

[2016] NZCA 527 CA 174/2015

Dates
Hearing

 

 

Case Number

SC 150/2016

Case Name Fonterra Co-operative Group Limited v McIntyre and Williamson Partnership & Ors
Summary CA 736/2015    [2016] NZCA 538
Dates
Hearing

 

 

Case Number

SC 151/2016

Case Name Jay Maui Wallace (AKA Abdullah Maui Warahi) v Chief Executive of the Department of Corrections
Summary

Civil appeal – Whether the Court of Appeal erred in declining to grant a writ of habeas corpus.                                               

[2016] NZCA 602    CA 622/2016 

Dates
Hearing

 

Case Number

SC 152/2016

Case Name Michael Kristian Olsen v The Queen
Summary CA 632/2014    [2015] NZCA 256
Dates
Hearing

 

Case Number

SC 153/2016

Case Name Kamal Singh v The Queen
Summary CA 197/2016    [2016] NZCA 552  
Dates
Hearing

 

Case Number

SC 154/2016

Case Name Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Summary CA 304/2016    [2016] NZCA 554   
Dates
Hearing

 

Case Number

SC 155/2016

Case Name Duncan John Napier and Sara Ann Napier v Torbay Holdings Limited and Torbay Rest Home Limited
Summary CA 647/2015    [2016] NZCA 608
Dates
Hearing

 

Case Number

SC 156/2016

Case Name W v The Family Court at North Shore and The Chief Executive of the Ministry of Social Development
Summary CIV 2014-404-001670    [2014] NZHC 2483
Dates
Hearing

 

Case Number

SC 157/2016

Case Name Lynda Rose Barry v Francis Carlisle
Summary CA 446/2015    [2016] NZCA 551
Dates
Hearing