F (SC 90/2023) v R  [2023] NZSC 143

30 October 2023

Partially successful application by F for leave to appeal against refusal of a suppression order.

The approved question was whether the Court of Appeal erred in declining to make an order under s 205(2)(c) Criminal Procedure Act 2011 (CPA). Leave was not granted in relation to an order sought by F under s 202 CPA.

Young v Attorney-General  [2023] NZSC 142

30 October 2023

Unsuccessful appeal by Y against dismissal of his claim in nuisance in relation to rockfall from Crown-owned properties onto his land. Y’s land had been red-zoned following the Canterbury earthquakes. The High Court had found (a) the rockfall risk was an actionable nuisance and (b) the Crown’s offer to purchase Y’s land met its duty to do what was reasonable to prevent or minimise that risk.

Singh v R  [2023] NZSC 141

27 October 2023

Unsuccessful application by S for leave to appeal against conviction for wounding with intent to cause grievous bodily harm. S wished to argue that the Court of Appeal had erred in its approach to (a) an intoxication direction and (b) his right to silence.

MD v LP  [2023] NZSC 140

26 October 2023

Unsuccessful application by MD for leave to appeal against an award of costs to LP by the Court of Appeal.

Wedgwood v R  [2023] NZSC 139

26 October 2023

Unsuccessful application by W for leave to appeal against refusal of name suppression. W had been convicted of sexual offences against a young person and supplying cannabis, then was granted interim name suppression pending resolution of forgery charges. The forgery charges were withdrawn.

W had unsuccessfully sought final name suppression and wished to argue on appeal that the process in the Court of Appeal had not sufficiently accommodated his disabilities.

Red Stag Timber Ltd v Juken New Zealand Ltd  [2023] NZSC 138

25 October 2023

Unsuccessful application by RSTL for leave to appeal against the striking out of part of its claim that JNZL had made misrepresentations in relation to a timber product.

Mohammed v R  [2023] NZSC 137

20 October 2023

Unsuccessful application by M for leave to appeal against conviction for indecent assault.

Exley v NZME Publishing Ltd  [2023] NZSC 136

19 October 2023

Successful application by E for leave to appeal against the quashing of a takedown order.

Tamihere v Attorney-General  [2023] NZSC 135

19 October 2023

Unsuccessful application by T and others, on behalf of Cletus Maanu Paul, for leave to appeal against the striking out of Mr Paul’s application for orders recognising customary marine title over all of NZ’s marine and coastal area on behalf of all Māori. Mr Paul had also unsuccessfully sought to amend his application by adding T and others as new applicants. Mr Paul had died after the Court of Appeal’s decision was delivered.

Smith v R  [2023] NZSC 134

17 October 2023

Unsuccessful application by S for leave to appeal against his conviction for escaping lawful custody and obtaining a passport by false pretences. S had been deported from Brazil and placed in the custody of NZ Police when he boarded an aircraft back to NZ. The Court of Appeal had not accepted S's argument that the prosecution was an abuse of process because NZ Police had colluded in his deportation.

Jones v New Zealand Bloodstock Finance and Leasing Ltd  [2023] NZSC 133

11 October 2023

Unsuccessful applications by J for (a) leave to adduce further evidence, (b) recall of a judgment that had declined him leave to appeal and (c) recusal of two Judges.

Anderson v NZI International Acceptances Ltd  [2023] NZSC 130

02 October 2023

Unsuccessful application by A for leave to appeal against the striking out of his application for damages in relation to a mortgagee sale in 1988.