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Supreme Court of New Zealand - recent judgments: March 2023

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

Thompson v Attorney-General  [2023] NZSC 27

27 March 2023

Unsuccessful application by T for recall of a 2016 judgment that had refused her leave to appeal against dismissal of her claim for compensation in relation to her arbitrary arrest and detention. T had subsequently obtained the Views of the United Nations Human Rights Committee, which upheld her claim of a breach of her civil rights.

 

Kulu v R  [2023] NZSC 26

27 March 2023

Unsuccessful application by K for leave to appeal against a sentence of 18 years’ imprisonment for methamphetamine offending. K wished to argue for parity with the sentence given to his fellow offender.

 

Mesman v R  [2023] NZSC 25

23 March 2023

Unsuccessful application by M for leave to appeal against conviction for attempting to possess methamphetamine for supply. M had pleaded guilty but argued that it was not possible to attempt possession so it was not an offence.

 

Newton v Family Court at Auckland  [2023] NZSC 23

21 March 2023

Successful applications by the Attorney-General and RF von Keisenberg for costs following an unsuccessful application by the Ns for leave to appeal in relation to Family Court orders. The Ns had unsuccessfully sought judicial review of a decision to order a psychological report of two children who were the subject of an application for regular contact by their grandmother.

 

SRG Global Remediation Services (NZ) Ltd v Body Corporate 197281  [2023] NZSC 22

20 March 2023

Unsuccessful application by BC197281 for leave to appeal against a refusal to stay enforcement of a summary judgment against it.

Unsuccessful application by SGSRSL for leave to appeal against a refusal to stay BC197281’s counterclaim and refer it to arbitration.

 

A v Minister of Internal Affairs  [2023] NZSC 21

16 March 2023

Successful application by A for leave to appeal against a Court of Appeal decision in relation to judicial review of a decision by MoIA to cancel her passport. MoIA had made the decision on the grounds that A intended to travel for the purpose of facilitating a terrorist attack.

 

Moncrieff-Spittle v Regional Facilities Auckland Ltd  [2023] NZSC 20

14 March 2023

Successful applications by RFAL and Auckland Council for costs following an unsuccessful appeal by M-S and another in relation to a judicial review. M-S had sought to review a decision by RFAL to cancel a venue hire.

 

M v R  [2023] NZSC 19

14 March 2023

Unsuccessful application by M (a company) for leave to appeal against refusal of name suppression for a former employee, Duncan Napier, who had been convicted of 45 dishonesty charges relating to a period before he was employed by M.

 

D v N  [2023] NZSC 18

10 March 2023

Unsuccessful application by D for leave to appeal against a High Court decision relating to custody of her children.

 

D v JDN  [2023] NZSC 17

10 March 2023

Unsuccessful application by D for recall of a judgment that had refused to grant her leave to appeal in relation to protection order applications.

 

Taia v Auckland Standards Committee 5  [2023] NZSC 16

09 March 2023

Unsuccessful application by T for leave to appeal against High Court decisions that had (a) struck out his appeal for non-compliance with unless orders and (b) refused him costs.

 

Taylor v R  [2023] NZSC 15

08 March 2023

Unsuccessful application by T for leave to appeal against dismissal of his appeal against a minimum period of imprisonment of nine years. T had been sentenced to 14 years' imprisonment for serious sexual offences against 14 victims over a 12 year period.        

 

O’Neill v New Zealand Law Society  [2023] NZSC 14

03 March 2023

Unsuccessful application by O for leave to appeal against the striking out of his application for judicial review of NZLS. Proceeding had been found to be abusive.

 

O’Neill v Commissioner of Police  [2023] NZSC 13

03 March 2023

Unsuccessful application by O for leave to appeal against the striking out of his application for judicial review of CoP, Chief High Court Judge, Director of Human Rights Proceedings and Attorney-General. Proceeding had been found to be abusive.

 

T v R  [2023] NZSC 12

01 March 2023

Unsuccessful application by T for leave to appeal against dismissal of his appeal against conviction for sexual offending against a young relative. T sought leave to appeal on grounds of (a) trial counsel error and (b) failure by trial judge to give directions about some of the complainant's mother's evidence.

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