JDA Co Ltd v AIG Insurance New Zealand Ltd  [2023] NZSC 41

27 April 2023

Unsuccessful application by JDACL and others for leave to appeal against a Court of Appeal judgment in relation to the liability of AIGNZL and others under a marine open cover insurance policy.

R v Chief Executive of the Department of Corrections  [2023] NZSC 40

26 April 2023

Unsuccessful application by R for recusal of all Judges of the Supreme Court in relation to his application for leave to appeal.

Dunstan v Attorney-General  [2023] NZSC 39

21 April 2023

Unsuccessful application by D for recall of a judgment that had refused her leave to appeal in relation to directions given by the Court of Appeal.

Beca Carter Hollings & Ferner Ltd v Wellington City Council  [2023] NZSC 38

21 April 2023

Successful application by BCHFL for leave to appeal.

The approved question was whether the Court of Appeal was right to conclude that the Building Act 2004 longstop provisions did not apply to a contribution claim.

Tihema v R  [2023] NZSC 37

20 April 2023

Successful application by T and Cyle Jetson (J) for leave to appeal in relation to their joint convictions for murder. T was 15 years old at the time of the murder and had been diagnosed with Foetal Alcohol Spectrum Disorder.

The approved questions were whether the Court of Appeal was correct that no miscarriages of justice arose (a) from a failure to obtain instructions from T regarding whether she would give evidence at trial and (b) from the trial Judge’s directions about the evidence of a prison informant in relation to J. Leave was granted on the basis that the Court would not reconsider the approach to admissibility of prison informant evidence, only whether that approach had been correctly applied in J’s trial.

Jindal v Orange Capital Ltd (in liq)  [2023] NZSC 36

19 April 2023

Unsuccessful application by J for leave to appeal in relation to a claim by the liquidator of OCL for summary judgment to recover the outstanding balance of J’s shareholder's account.

Sustainable Otakiri Inc v Whakatāne District Council  [2023] NZSC 35

17 April 2023

Successful applications by SOI and Te Rūnanga o Ngāti Awa (TRNA) for leave to appeal against the granting of consents to Creswell NZ Ltd for expansion of a water bottling plant.

Successful application by TRNA for leave to appeal against exclusion of negative effects on tikanga from the Environment Court's consideration of the consent application.

Unsuccessful application by SOI for leave to appeal against an award of costs against it.

Sharma v R  [2023] NZSC 34

14 April 2023

Unsuccessful application by S for leave to appeal against conviction for sexual violation by unlawful sexual connection. S argued that (a) his conviction on one charge could not be reconciled with not guilty findings on five other charges and (b) his appeal had significance for ‘separate trials’ directions.

Holmes v R  [2023] NZSC 33

13 April 2023

Unsuccessful application by H for leave to appeal against conviction and sentence for (a) rape including a representative offence, (b) sexual violation by unlawful sexual connection and (c) male assaults female. H had been sentenced to 15 years and six months' imprisonment with a minimum period of imprisonment of nine years and two months. H wished to argue that (a) the complainant had given true but reluctant consent, (b) propensity evidence in relation to a former partner was illegitimately prejudicial and (c) his acquittal on four rape charges justified the imposition of a lower sentence.

R v Chief Executive of the Department of Corrections  [2023] NZSC 31

11 April 2023

Successful application by R for leave to appeal a Court of Appeal decision. Leave was granted on the question of how the New Zealand Bill of Rights Act 1990 affected the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned was also subject to a Compulsory Care Order.

Re Solicitor-General’s Reference (No 1 of 2023)  [2023] NZSC 30

06 April 2023

Successful application by the S-G for leave to refer a question of law arising from Darling v R [2022] NZCA 504. Leave was granted on the question of whether the acquittal of Mr Anderson meant that Mr Darling could not have been convicted despite his guilty plea.

Dunstan v Gibbs  [2023] NZSC 29

05 April 2023

Unsuccessful application by D for leave to appeal against the Deputy Registrar's refusal to accept her notice of appeal for filing. D wished (a) to challenge a decision to admit G as a barrister and solicitor and (b) to be joined to the admission proceeding as a third party.

Ahlawat v R  [2023] NZSC 28

05 April 2023

Unsuccessful application by A for leave to appeal against refusal to continue suppression of her name in manslaughter and arson proceedings. A wished to argue that she was entitled to suppression because she was the complainant in a separate sexual assault case.