Snowdon v Radio New Zealand Ltd  [2022] NZSC 158

23 December 2022

Unsuccessful application by S for recall of a judgment that had dismissed her application for an extension of time to apply for leave to appeal.

Dromgool v Minister For Land Information  [2022] NZSC 157

22 December 2022

Unsuccessful appeal by D and others in relation to the role of the Minister when making decisions about the taking of easements over land. The electricity lines company Top Energy Ltd had applied for compulsory acquisition of easements under the Public Works Act 1981 to enable construction of a new 110kV transmission line.

Moana’s Mother v Smith  [2022] NZSC 155

21 December 2022

Unsuccessful application by MM for leave to appeal directly from the High Court against dismissal of her appeal against a Family Court decision that had granted custody of her daughter to S.

Yu v Bradley  [2022] NZSC 154

21 December 2022

Unsuccessful application by Y for leave to appeal against a finding that (a) Y's purported cancellation of a sale and purchase agreement was ineffective and (b) the Bs were entitled to treat it as a repudiation and cancel the agreement. 

Mao v Singh  [2022] NZSC 153

21 December 2022

Unsuccessful application by M for leave to appeal against an order for specific performance of a sale and purchase agreement in favour of S. The agreement provided for vacant possession of the property M had sold to S, but a house on the property had been subject to a fixed term tenancy.

Local Government Mutual Funds Trustee Ltd v Napier City Council  [2022] NZSC 152

21 December 2022

Successful application by LGMFTL for leave to appeal against a finding that it was liable to NCC in relation to insurance cover for non-weathertightness building defects. NCC had been sued by owners of an apartment complex for negligence in issuing building consents. Claim by the owners included some weathertightness issues.

A v D and E Ltd  [2022] NZSC 151

20 December 2022

Successful application by A and others for leave to appeal Court of Appeal decision that a father did not have fiduciary duties to his adult children when he gifted most of his assets to a trust. A and her brothers had brought a claim under the Family Protection Act 1955 against their father’s estate and sought to unwind the gifting.

Jolley v R  [2022] NZSC 150

19 December 2022

Unsuccessful application by J for recall of a judgment that had refused leave to appeal in relation to a conviction for attempted murder, participation in an organised criminal group and unlawfully being in an enclosed building.

Philip v R  [2022] NZSC 149

16 December 2022

Successful appeal against a sentence of two years and 11 months’ imprisonment for (a) possession of methamphetamine for supply and (b) possession of cannabis. Sentence had been imposed by the Court of Appeal when it quashed the original sentence of one year’s home detention.

Re Anderson  [2022] NZSC 147

15 December 2022

Unsuccessful application by A for review of the Deputy Registrar’s decision not to accept an application for filing. A had sought to make submissions in relation to the Court of Appeal’s refusal to recall a judgment from 2006.

Drive NZ Classic Ltd v Low Volume Vehicle Technical Association Inc  [2022] NZSC 146

15 December 2022

Unsuccessful application by DNZCL for leave to appeal against a Court of Appeal decision that had struck out DNZCL’s negligence claim in relation to certification of vehicles that were modified for use by disabled drivers.

Young v Attorney-General  [2022] NZSC 148

14 December 2022

Successful application by Y for leave to appeal against dismissal of his claim in trespass and nuisance in relation to rocks that fell on his property in the Canterbury earthquakes.

Skagen v Wellington Standards Committee of the New Zealand Law Society  [2022] NZSC 145

14 December 2022

Unsuccessful application by S for leave to appeal against (a) dismissal of his appeal against an order striking him from the Roll of Barristers and Solicitors, (b) an interlocutory judgment relating to evidence and discovery and (c) two recall judgments.

Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council  [2022] NZSC 144

13 December 2022

Unsuccessful applications by TMRMT for leave to appeal against dismissal of (a) a claim for a declaration that BoPRC’s withdrawal of a proposed plan change was unlawful and (b) judicial review of BoPRC’s decision.

Berkland v R  [2022] NZSC 143

07 December 2022

Successful appeals by (a) B against his sentence for methamphetamine supply and possession of weapons and (b) Brownie Harding against his sentence for manufacture and distribution of methamphetamine. The Court amended the role criteria set out in Zhang v R [2019] NZCA 507.

This judgment has been added to the list of guideline judgments in Westlaw’s Sentencing Tracker.

Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd  [2022] NZSC 142

07 December 2022

Partially successful appeal by WMKPI against a finding by the High Court that the Waitangi Tribunal had no power to recommend resumption in favour of a claimant that did not hold mana whenua.

Unsuccessful cross-appeal by MNZL against a decision by the Waitangi Tribunal that MNZL had no standing in WMKPI’s application to the Tribunal.

Unsuccessful appeal by Ryshell Griggs and another in relation to the calculation of interest on compensation for land that was returned subject to a forestry licence.

Delamare v Attorney-General  [2022] NZSC 140

07 December 2022

Unsuccessful application by D for leave to appeal against refusal of a writ of habeas corpus. D had been sentenced to three years and five months' imprisonment.

Henry v Minister of Justice  [2022] NZSC 141

06 December 2022

Unsuccessful application by H for leave to appeal against refusal of his application for judicial review of the appointment process for the Race Relations Commissioner.

Moncrieff-Spittle v Regional Facilities Auckland Ltd  [2022] NZSC 138

05 December 2022

Unsuccessful appeal by M-S and another against dismissal of their claim for judicial review of RFAL’s decision to cancel a contract for venue hire. Contract had been cancelled because of RFAL’s concerns about health and safety risks arising from anticipated protests about an event at which two ‘alt-right’ commentators were due to speak.