MATHIESON v POLICE [2019] NZCA 97

The Court granted leave to appeal to resolve whether the High Court applied the correct approach in dismissing the appeal, thereby authorising full appellate consideration of that question.

Source-derived case information.

Citation: [2019] NZCA 97
Parties: Appellant: Warren David Mathieson; Respondent: New Zealand Police
Court: Court of Appeal
Jurisdiction: New Zealand
Judgment Date: 8 April 2019
Procedural Posture: Appeal / Leave to Appeal Application
Outcome: Leave to appeal granted
Legal Topics: Leave to Appeal, Standard of Review, High Court Dismissal of Appeal

Criminal Law Appeal Procedural Law Leave to Appeal Standard of Review High Court Dismissal of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2

Parties

Warren David Mathieson

Appellant

New Zealand Police

Respondent

Procedural Posture

Appeal / Leave to Appeal Application

Legal Issues

1 Whether the High Court applied the correct approach in dismissing the appeal
2 Whether leave to appeal should be granted to determine that issue

Ratio Decidendi

The Court granted leave to appeal to resolve whether the High Court applied the correct approach in dismissing the appeal, thereby authorising full appellate consideration of that question.

Court Disposition

Leave to appeal granted

Orders

Leave to appeal is granted.
Approved question: whether the High Court applied the correct approach in dismissing the appeal.

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