New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction to hear appeals

  • 5 Apr 2023

    TANYA FELICITY DUNSTAN v EMMA MARION GIBBS [2023] NZSC 29

    Citation
    [2023] NZSC 29
    Court
    Supreme Court

    The application for leave to appeal was dismissed because there was no statutory basis for appeal from a High Court s 52(4) admission order, the applicant was not a party and had no entitlement to be joined after significant delay, and no exceptional circumstances justified a direct appeal to the Supreme Court.

    • Permission to appeal
    • Admission to practice
    • Standing to appeal
    • Jurisdiction to hear appeals
    • Costs

  • 15 Mar 2021

    TERRY v NEW ZEALAND POLICE [2021] NZHC 513

    Citation
    [2021] NZHC 513
    Court
    High Court

    The application for leave to appeal was dismissed because s242 of the Criminal Procedure Act 2011 makes the High Court's determination on a second appeal final, leaving no jurisdiction to grant a further appeal and the Bill of Rights Act does not supply such jurisdiction.

    • Second appeal finality
    • Jurisdiction to hear appeals
    • Leave to appeal
    • Criminal procedure act s242
    • Bill of rights act jurisdictional argument

  • 1 Mar 2021

    VINCENT ROSS SIEMER [2021] NZSC 12

    Citation
    [2021] NZSC 12
    Court
    Supreme Court

    The minute of 28 February 2020 and the earlier 25 November 2019 judgment did not determine any issue in a way adverse to the applicant; consequently there was no "judgment, decree or order" giving the Court of Appeal jurisdiction under s 56 Senior Courts Act 2016 to entertain the appeal, and therefore leave to appeal is not warranted.

    • Leave to appeal
    • Jurisdiction to hear appeals
    • Stay of proceedings
    • Vexatious litigant orders
    • Procedural bars

  • 16 Aug 2016

    COOK v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 1892 [16 August 2016]

    Citation
    [2016] NZHC 1892
    Court
    High Court

    Because s 12Q(6) requires the Chair of the Social Security Appeal Authority to settle and sign a case before it can be sent to the High Court, and the Chair declined to do so, no case was stated and the High Court had no jurisdiction to hear the purported appeal; the appeal is dismissed.

    • Appeal by way of case stated
    • Jurisdiction to hear appeals
    • Statutory interpretation of s 12q
    • Authority procedural powers
    • Composition of appeal panels

  • 4 Jul 2013

    ROSS v DISTRICT COURT AT AUCKLAND [2013] NZHC 1694

    Citation
    [2013] NZHC 1694
    Court
    High Court

    The High Court lacks jurisdiction to hear an application for leave to appeal an order made in proceedings for judicial review; jurisdiction to hear such appeals lies with the Court of Appeal under s 11 of the Judicature Amendment Act 1972 and s 66 of the Judicature Act 1908, and any application must be made in accordance with the Court of Appeal (Civil) Rules 2005 Part 3.

    • Judicial review
    • Jurisdiction to hear appeals
    • Leave to appeal
    • Appeal procedure

  • 10 Sept 2010

    CHILD POVERTY ACTION GROUP INCORPORATED (CPAG) V THE ATTORNEY-GENERAL HC WN CIV-2009-404-273

    Citation
    openlaw-e49eaab3_f526_43fe_81a6_2b903c15425a.pdf
    Court
    High Court

    The recall application was dismissed: Mallon J concluded Howard did not directly overrule or render his earlier jurisdictional judgment void, Howard left open material questions about waiver and the court's discretionary response to jurisdictional points, the Tribunal had notice and did not intervene and by its conduct waived or did not assert a jurisdictional objection, and it would be inappropriate to recall a judgment relied upon by a party where the contrary view relied on in Howard was obiter and left open issues.

    • Waiver of statutory time limits
    • Jurisdiction to hear appeals
    • Appeals from tribunals
    • Recall of judgment
    • Natural justice and participation

  • 23 Jun 2009

    YOUMNA KHAN V THE ACCIDENT COMPENSATION CORPORATION CA CA155/2009

    Citation
    openlaw-6deb2678_ad3c_4ad7_b5ce_9c5e88a8c29c.pdf
    Court
    Court of Appeal

    The Court of Appeal lacks jurisdiction to hear an appeal against the High Court's refusal to grant special leave under s 98 of the 1992 Act; alternatively, the proposed grounds raise no question of law and the application would fail on the merits.

    • Special leave to appeal
    • Jurisdiction to hear appeals
    • Deemed decision under statute
    • Section 73 arci act 1992
    • Definition of "earner"

  • 10 Sept 2008

    Perkins v Accident Compensation Corporation

    Citation
    [2008] NZACC 204
    Court
    District Court

    The Reviewer correctly held the 16 October 2006 letter was advisory and not a decision within s6, so there was no decision capable of review; because the appeal duplicated an earlier appeal on the same issue, the appeal was dismissed.

    • Reviewability of administrative action
    • Definition of 'decision' under s6
    • Duplicative appeals
    • Jurisdiction to hear appeals

  • 10 Sept 2008

    Perkins v Accident Compensation Corporation

    Citation
    [2008] NZACC 213
    Court
    District Court

    The appeal was withdrawn because the subject matter was not a 'decision' within section 6 of the Act and the appellant expressly requested withdrawal, which the court allowed.

    • Withdrawal of appeal
    • Definition of decision under section 6
    • Jurisdiction to hear appeals

  • 20 Jul 2007

    KMA V SECRETARY FOR JUSTICE SC 42/2007

    Citation
    SC 42/2007
    Court
    Supreme Court

    The application for leave is dismissed because the Supreme Court has no jurisdiction to grant leave against Family Court decisions and an appeal following the Court of Appeal's refusal is barred by s7(b); a direct appeal from the High Court under s14 requires extremely compelling circumstances which are absent here given the absence of issues of principle and the factual findings that did not satisfy s106 defences; accordingly leave is refused and the interim stay is revoked.

    • Care of children act 2004
    • Leave to appeal
    • Jurisdiction to hear appeals
    • Hague convention/return of children
    • S106 defences (grave risk, consent/acquiescence)
    • Interim stay