Leave to appeal dismissed
Supreme Court cases where leave to appeal a judgment of a lower court was dismissed or deemed to be dismissed where a notice of abandonment was received.
Updated 28 November 2025
2014
Case name
Johan Aarts v Barnardos New Zealand, Commissioner of Police and others
Case number
SC 26/2014
Summary
Civil Appeal – Employment Relations Act 2000, s 135(5) and sch 3, s 2 – Whether the Court of Appeal decision was deficient because it failed to properly state its reasons in breach of rule 27(3) of the Court of Appeal Rules – Whether the Court of Appeal went beyond its jurisdiction by treating the hearing as a de novo hearing when the appellant had elected for a non de novo hearing – Whether “suspicion” falls below the threshold of “knowing” or reasonably knowing” in terms of s 135(5) – Whether the Court of Appeal erred in refusing to extend the right to lay representation in the Employment Court, as provided under s 2 of sch 3, to the Court of Appeal. [2014] NZCA 16 CA 400/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 together with disbursements to be fixed by the Registrar to the second and third respondents (collectively) and to the sixth respondent.
28 May 2014
B The applicant is to pay costs of $2,500 together with disbursements to be fixed by the Registrar to the second and third respondents (collectively) and to the sixth respondent.
28 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Mark Lee v The Queen
Case number
SC 27/2014
Summary
Criminal Appeal – Whether the Court of Appeal lacked jurisdiction to hear the appeal because there was no question of law to be decided – Whether the Court of Appeal erred in setting aside the stay granted by the High Court.[2013] NZCA 483 CA 828/2012
Result
Application for leave to appeal is dismissed.
4 July 2014
4 July 2014
Media Releases
- MR [2014] NZSC 85 (PDF, 81 KB)
Leave judgment - leave dismissed
TERRY JONES v R [2014] NZSC 85 4 July 2014 (PDF, 88 KB)
Judgment appealed from
Case name
Ioritana Tuau v The Queen
Case number
SC 29/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that the sentence imposed was not manifestly excessive.[2013] NZCA 623 CA 281/2013
Result
Application for leave to appeal dismissed. 2 July 2014
Leave judgment - leave dismissed
IORITANA TUAU v R [2014] NZSC 83 2 July 2014 (PDF, 53 KB)
Judgment appealed from
Case name
Vincent Siemer v New Zealand Court of Appeal and Attorney-General
Case number
SC 30/2014
Summary
Civil Appeal – Whether the means of conveying the judgment upholding the Registrar’s decision was lawful. CA 4/2014
Result
Application for leave to appeal dismissed.
11 June 2014
______________________________
Application for recall dismissed.
4 July 2014
11 June 2014
______________________________
Application for recall dismissed.
4 July 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
not available online
Case name
Alavine Feliuia Liu v Chief Executive of the Ministry of Business, Innovation and Employment
Case number
SC 31/2014
Summary
Civil Appeal – United Nations Convention on the Rights of the Child arts 9, 9.1 and 3 – Whether the Court of Appeal erred in holding that art 9, and in particular art 9.1, were not relevant to deportation cases – Whether the respondent erred in not having specific regard to art 9 notwithstanding its consideration of other specific articles in the convention – Whether the Court of Appeal erred in finding that with the exception of Ewebiyi v Parr no other authorities referred to it held that art 9.1 applied to deportation cases – Whether the Court of Appeal erred in its assessment of the relevant case law and its assessment as to the reconciliation of arts 3 and 9.1.CA 4/2014[2014] NZCA 37 CA 754/2012
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.
20 June 2014
B The applicant is to pay the respondent costs of $2,500.
20 June 2014
Leave judgment - leave dismissed
Case name
Israel Zuydendorp v The Queen
Case number
SC 32/2014
Summary
Criminal Appeal – The Court of Appeal erred in holding that counsel’ s behaviour did not lead to an unfair trial – Appellate counsel erred conducting the appeal – The Court of Appeal erred in findings in relation to propensity of witness testimony.[2014] NZCA 35 CA 254/2013
Result
Application for leave to appeal dismissed.
7 July 2014
7 July 2014
Leave judgment - leave dismissed
ISRAEL ZUYDENDORP v R [2014] NZSC 88 7 July 2014 (PDF, 73 KB)
Judgment appealed from
Case name
David John Young as director of Splendide Structures Limited (in liquidation)
Case number
SC 33/2014
Summary
Civil Appeal – Whether or not the High Court erred in upholding the liquidation order made by the District Court.Civ 2013 409 1059
Result
Application for leave to appeal dismissed.
2 May 2014
2 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
David John Young as director of Splendide Structures Limited (in liquidation) v Rhys James Cain and Bruce Donald Gemmell as liquidators of Splendide Structures Limited (in liquidation)
Case number
SC 34/2014
Summary
[2014] NZHC 165 Civ 2013 409 1779
Result
Application for leave to appeal dismissed. 2 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Sajo Oyang Corporation and Southern Storm Fishing (2007) Limited v The Ministry for Primary Industries and The Director - General of the Ministry for Primary Industries
Case number
SC 35/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that non-defendant third parties do not have standing to participate in an application relating to the special circumstances exception to automatic forfeiture of property following conviction for specified fisheries offences under s 255C of the Fisheries Act 1996[2014] NZCA 46 CA 167/2013
Result
A The application for leave to appeal is dismissed.
B The applicants are jointly and severally liable to pay costs of $2,500 to the first and second respondents.
17 June 2014
B The applicants are jointly and severally liable to pay costs of $2,500 to the first and second respondents.
17 June 2014
Leave judgment - leave dismissed
Case name
Paul Anthony Blair v The Queen
Case number
SC 36/2014
Summary
Criminal Appeal –Evidence Act 2006, ss 46 and 126 – Whether voice identification evidence was admitted at trial contrary to the provisions of s 46 – Whether the Court of Appeal erred in finding that admitting the voice identification evidence did not materially affect the result and therefore there was no miscarriage of justice – Whether the Court of Appeal erred in finding that the case against the defendant did not depend “substantially” on the voice identification evidence within the meaning of the word contained at section 126.[2014] NZCA 101 CA 92/2013
Result
Application for leave to appeal refused.
21 July 2014
21 July 2014
Leave judgment - leave dismissed
PAUL ANTHONY BLAIR v R [2014] NZSC 92 21 July 2014 (PDF, 43 KB)
Judgment appealed from
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