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Upcoming cases - Supreme Court

As at  16 November 2017

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below.

Note information is added as it becomes available.

Fixture list for November 2017, updated 16 November (PDF, 467 KB)

   

 

  

November 2017

 

Date of hearing 16 and 17 November 2017
Case SC 141/2016
New Health New Zealand Incorporated
M T Scholtens QC
v
South Taranaki District Council
D J S Laing

Attorney-General for and on behalf of the Minister of Health
U Jagose QC and AM Powell

Civil Appeal
Judges

Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

Case 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.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.

Supreme Court leave application decision

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2017] NZSC 13 [20 February 2017]

Court of Appeal decision

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2016] NZCA 462 [27 September 2016]

High Court decision

NEW HEALTH NEW ZEALAND INC v ATTORNEY-GENERAL [2015] NZHC 2138 [4 September 2015]

 

 

Date of hearing 22 November 2017 at 9 am
Case

SC 57/2017

Maythem Kamil Radhi (Other Suppression Orders)
R M Mansfield
v
The District Court at Manakau
D L Harris (Abiding)

The Commonwealth of Australia
M J Lillico

Civil Appeal further hearing

Judges

William Young J, Glazebrook J, O’Regan J, Ellen France J and McGrath J

Case Summary

Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.

Supreme Court leave application decision

MAYTHEM KAMIL RADHI v THE DISTRICT COURT AT MANUKAU [2017] NZSC 123 [18 August 2017]

Court of Appeal decision

RADHI v DISTRICT COURT AT MANUKAU [2017] NZCA 157 [3 May 2017]

High Court decision

RADHI v THE DISTRICT COURT AT MANUKAU & ANOR [2015] NZHC 3347 [21 December 2015]

 

 

Date of hearing 23 November 2017
Case

Janet Elsie Lowe
P Cranney and S N Meikle

v
Director-General of Health, Ministry of Health
A L Martin and K L Orpin-Dowell

Chief Executive, Capital and Coast District Health Board
A L Martin and K L Orpin-Dowell

Hearing on recall application

Judges

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

Case 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.

Grounds on which leave was granted

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.

Appeal outcome

A The appeal is dismissed.
B There is no award of costs.

Supreme Court substantive judgment

JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2017] NZSC 115 [7 August 2017]

Supreme Court leave application decision

JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2016] NZSC 143 (2 November 2016)

Court of Appeal decision

DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH AND CHIEF EXECUTIVE, CAPITAL & COAST DISTRICT HEALTH BOARD v JANET ELSIE LOWE [2016] NZCA 369 (1 August 2016)

Employment Court decision

JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH AND CHIEF EXECUTIVE, CAPITAL & COAST DISTRICT HEALTH BOARD [2015] NZEmpC 24 (2 March 2015)

 

 

February 2018

Date of hearing Tuesday 13 February 2018
Case SC 84/2016
Green Growth No. 2 Limited
v
Queen Elizabeth The Second National Trust
Judges

Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

 

 

Date of hearing 15 February 2018
Case SC 78/2017
Richard Frederick Eilenberg
JA Farmer QC & JK Goodall               
v
Linda Alejandra Garcia Lourdes-Gutierrez
AP Holgate

Civil Appeal

Judges

Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

 

 

Date of hearing

20 February 2018

Case SC 86/2017
Graham Thomas Rowe   
SJ Zindel
v
The Queen
PD Marrshall


Criminal Appeal

Judges

Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

 

 

Date of hearing

22 February 2018

Case SC 103/2017 Trends Publishing International Limited v Advicewise People Limited, Callaghan Innovation, Mediaworks Radio Limited, and Webstar a division of Blue Star Group (New Zealand) Limited
Judges

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