CHEYMAN LEE MITCHELL v NEW ZEALAND POLICE [2021] NZSC 180

CHEYMAN LEE MITCHELL v NEW ZEALAND POLICE [2021] NZSC 180

The Supreme Court granted leave to appeal and framed the dispositional question for resolution as whether the Court of Appeal was correct to dismiss the appeal.

Source-derived case information.

Citation
[2021] NZSC 180
Parties
Applicant: Cheyman Lee Mitchell; Respondent: New Zealand Police
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
14 December 2021
Procedural Posture
Leave to Appeal Application to the Supreme Court / Leave Granted and Case Remitted for Determination of Approved Question
Outcome
Leave to appeal granted and an approved question for determination was articulated.
Legal Topics
Leave to Appeal, Appeal Dismissal, Standard of Review
Appeal Criminal Procedure Administrative Law Leave to Appeal Appeal Dismissal Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cheyman Lee Mitchell

Applicant

New Zealand Police

Respondent

Procedural Posture

Leave to Appeal Application to the Supreme Court / Leave Granted and Case Remitted for Determination of Approved Question

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the Court of Appeal was correct to dismiss the appeal

Ratio Decidendi

The Supreme Court granted leave to appeal and framed the dispositional question for resolution as whether the Court of Appeal was correct to dismiss the appeal.

Court Disposition

Leave to appeal granted and an approved question for determination was articulated.

Orders

  • Leave to appeal granted.
  • Approved question: whether the Court of Appeal was correct to dismiss the appeal (Mitchell v New Zealand Police [2021] NZCA 417).