SC 110/2024 Solicitor-General's Reference (No 1 of 2024) from CA441/2023 ([2024] NZCA 318) - SC 110/2024
Timestamps:
Referrer’s submissions: 00:01:10
Counsel to Assist’s submissions: 01:58:55
Referrer’s reply submissions: 03:04:00
SC 110/2024 Solicitor-General's Reference (No 1 of 2024) from CA441/2023 ([2024] NZCA 318)
Hearing | 12 March 2025
Wednesday 12 March 2025 at 10:00am
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Case details
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- SC 110/2024 Solicitor-General's Reference (No 1 of 2024) from CA441/2023 ([2024] NZCA 318) (Recorded, 12 March 2025)
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Summary
Criminal Appeal — Application for leave to refer a question of law
Result
A We grant leave to the Solicitor-General to refer the following questions of law (arising from Nikoloff v R [2024] NZCA 318) to this Court under s 317 of the Criminal Procedure Act 2011:
Was the defect in the leave given on behalf of the Attorney-General able to be remedied or rectified by the instrument of ratification?
Was the trial at which Mr Nikoloff was convicted a nullity?
B We appoint Mr S J Shamy as counsel to assist the Court on the appeal under s 318(3)(a) of the Criminal Procedure Act.
27 November 2024
________________________________________________
We answer the questions of law as follows:
(a) Was the defect in the leave given on behalf of the Attorney-General able to be remedied or rectified by the instrument of ratification?
No.
(b) Was the trial at which Mr Nikoloff was convicted a nullity?
Yes.
18 September 2025Date of Hearing
12 March 2025
Judges
Winkelmann CJ, Glazebrook, Williams, France and Miller JJ
Case Synopses
Submissions from counsel
- Hearing date 12 March 2025 Referrer Submissions (PDF 1.1 MB)
- Hearing date 12 March 2025 Counsel to Assist Submissions (PDF 393 KB)
Hearing Transcripts
Related Documents
High Court decision — Not publicly available
Court of Appeal decision — Not publicly available
Leave judgment - leave granted — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2024) [2024] NZSC 160 [27 November 2024] (PDF 135 KB)
Substantive judgment — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2024) FROM CA441/2023 ([2024] NZCA 318) [2025] NZSC 121 [18 September 2025] (PDF 346 KB)