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Supreme Court of New Zealand - recent judgments: June 2023

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A summary of decisions delivered in June 2023 by the Supreme Court, available on Westlaw New Zealand.

DFT v Auckland High Court  [2023] NZSC 78

29 June 2023

Unsuccessful application by DFT for (a) recall of a judgment that had refused her leave to appeal and (b) cancellation of a costs order.

 

Te Whānau a Kai Trust v Gisborne District Council  [2023] NZSC 77

29 June 2023

Unsuccessful application by TWAKT for an extension of time to apply for leave to appeal in relation to an Environment Court decision about the Gisborne Regional Freshwater Plan.

 

D v JDN  [2023] NZSC 76

28 June 2023

Unsuccessful application by D for leave to appeal against the striking out of her judicial review application. D had applied to review a Family Court decision that had (a) refused her application without notice for orders in relation to care of children and (b) directed that the applications should proceed with notice.

 

Belsey v R  [2023] NZSC 75

26 June 2023

Unsuccessful application by B for leave to appeal against conviction and sentence for sexual violation by unlawful sexual connection.

 

Wallace v R  [2023] NZSC 74

26 June 2023

Unsuccessful application by W and McLean's Mansion Charitable Trust Board (MMCTB) for leave to appeal against refusal of an order continuing W's name suppression. W had been convicted of indecent assault and attempting to dissuade a complainant from giving evidence. Had become chair of MMCTB following his conviction and was a funder of MMCTB's work.

 

Ryan v Health and Disability Commissioner  [2023] NZSC 73

26 June 2023

Judgment of the Court regarding costs following R's unsuccessful appeal against a finding that the medical centre he operated from was liable for an error made by another doctor.

 

Bolea v R  [2023] NZSC 72

22 June 2023

Successful application by B for leave to appeal against dismissal of her appeal against conviction and sentence for participating in an organised criminal group.

The approved question was whether the Court of Appeal was correct to dismiss the appeal.

 

Dunstan v Police  [2023] NZSC 71

21 June 2023

Unsuccessful application by D for recall of a judgment that had (a) dismissed D's applications for leave to appeal and for certain judges to recuse themselves from dealing with matters related to her and (b) awarded costs of $2,500 against D.

 

Mead v Paul  [2023] NZSC 70

20 June 2023

Unsuccessful appeal by M against a Court of Appeal finding that the Family Court had jurisdiction under the Property (Relationships) Act 1976 to determine claims to property among three people in a polyamorous relationship.

 

Re Dai  [2023] NZSC 69

19 June 2023

Unsuccessful application by D for review of the Deputy Registrar's refusal to waive a filing fee in relation to D's application for leave to appeal. D wished to appeal against a Court of Appeal decision that had declined to review refusals to (a) waive a filing fee, (b) dispense with security for costs and (c) stay a costs judgment.

 

Xing v Li  [2023] NZSC 68

19 June 2023

Unsuccessful application by X for leave to appeal against a refusal to waive security for costs of $14,120. X was appealing against being found liable in relation to mortgagee sales of multiple plots of land.

 

Collings v R  [2023] NZSC 67

14 June 2023

Unsuccessful application by C for leave to appeal against a sentence of life imprisonment for murder. C had deliberately driven at the victim after a verbal altercation.

 

Wallace v Attorney-General  [2023] NZSC 66

06 June 2023

Unsuccessful application by W for leave to appeal against a decision that had dismissed W's appeal and allowed a Crown cross-appeal against a High Court determination. W had brought a civil claim alleging State actors had breached the right to life of her son Steven Wallace (SW), contrary to s 8 New Zealand Bill of Rights Act 1990. A Police officer had shot SW when he smashed windows of a Police station, stores and cars, including an occupied Police car. SW's family had unsuccessfully brought a private murder prosecution against the Police officer.

 

Sutton v Bell  [2023] NZSC 65

01 June 2023

Unsuccessful appeal by S and the trustees of Tod Sutton Trust against B’s successful claim for a disposition of property to the Trust to be set aside. S had transferred a property to the Trust shortly before the start of S and B’s de facto relationship. The Court of Appeal had upheld earlier judgments that had granted B a half interest in the property.

Jane Dawson
By Jane Dawson

Jane Dawson is a Senior Cases Editor in the New Zealand Primary Law team at Thomson Reuters. She completed a LLB at Victoria University in 2018 and also holds degrees in music from Otago University.

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