David Wayne Tamihere v The King - SC 82/2024

A Leave to appeal is granted (Tamihere v R [2024] NZCA 300).
B The approved question is whether the Court of Appeal was correct not to exercise its jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions.
20 December 2024
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A The application to adduce further evidence is dismissed.
B The appeal is allowed.
C We exercise the Court’s jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions. We make an order directing a retrial.
D Order redacting paragraphs [49]–[61], [79]–[120], [147]– [161], [163]–[164] and [167]–[170] from the judgment delivered on 31 March 2026.
E Order prohibiting publication of the unredacted version of the judgment pending final disposition of retrial.     
31 March 2026