Tracey Ida Peka, as Personal Representative of the Estate of Ida Hawkins v Sam Te Hei - SC 30/2025
Media releases
Summary
Civil Appeal
Result
A Leave to appeal and cross-appeal is granted in part (Peka (as personal representative of the Estate of Hawkins) v Te Hei [2025] NZCA 32, [2025] 2 NZLR 353).
B The approved questions are:
(a) whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal; and
(b) whether the Court of Appeal was correct to refer Mrs Hawkins’ claim back to the Victims’ Special Claims Tribunal for reconsideration in light of its judgment.
C The application for leave to cross-appeal the issue of costs in the High Court is dismissed.
25 August 2025
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A The appeal is dismissed.
B The cross-appeal is allowed, and the order for reconsideration is set aside.
C There is no order as to costs.
4 September 2026
Date of Hearing
10 March 2026
Judges
Winkelmann CJ, Ellen France, Miller, Cooke and Katz JJ
Case Synopses
Submissions from counsel
- Hearing date 10 March 2026 Appellant submissions (PDF 444 KB)
- Hearing date 10 March 2026 Respondent submissions (PDF 1.4 MB)
- Hearing date 10 March 2026 Cross appellant submissions (PDF 383 KB)
- Hearing date 10 March 2026 Cross respondent submissions (PDF 226 KB)
- Hearing date 10 March 2026 Appellant oral outline (PDF 281 KB)
- Hearing date 10 March 2026 Respondent oral outline (PDF 70 KB)
- Hearing date 10 March 2026 Certified Chronology (PDF 77 KB)