New Zealand Case Law: Decisions & Judgments

Topic

Leave for second appeal

Legal area

Court

11 May 2023

WATERHOUSE v R [2023] NZCA 167

Citation

[2023] NZCA 167
Court

Court of Appeal

Leave for a second appeal is declined because the applicant failed to show any arguable error of general principle or risk of miscarriage of justice; factual findings by the District Court and High Court that the evidence did not establish a likelihood of undue hardship were open to them, the High Court did not misapply open justice or over‑rely on the summary of facts, and the high threshold for second‑appeal leave was not met.
29 Apr 2022

R v KEATS [2022] NZCA 149

Citation

[2022] NZCA 149
Court

Court of Appeal

Leave to bring a second appeal was declined because the proposed grounds lacked merit: counter‑intuitive principles were properly applied without mandatory expert evidence and the telecommunications records were fresh but not cogent about content; the Solicitor‑General's appeal against sentence succeeded because the High Court's finite sentence was manifestly inadequate given the established pattern of violent sexual offending, high and ongoing risk of reoffending, entrenched denial and low prospects of treatment, warranting preventive detention with an MPI of eight years.
16 Sept 2021

HARDING-RERITI v DEPARTMENT OF CORRECTIONS [2021] NZCA 470

Citation

[2021] NZCA 470
Court

Court of Appeal

The Court held the application for leave to bring a second appeal was declined because it did not raise a matter of general or public importance nor a sufficient risk of miscarriage of justice; the High Court costs order was set aside because the prosecution for breach of release conditions should never have been brought as no valid release conditions or licence existed at the time of the alleged offence, the appellant's pursuit of dismissal and costs was reasonable and not vexatious, and therefore the costs award against him was unjustified; appellate costs of NZD 1,500 were awarded to the a…
31 May 2021

SADLER v NEW ZEALAND POLICE [2021] NZCA 219

Citation

[2021] NZCA 219
Court

Court of Appeal

Leave to bring a second appeal was declined because the applicant failed to demonstrate a matter of general or public importance or a miscarriage of justice; the material did not undermine the High Court's findings that counsel had properly advised the appellant and that the police were lawfully on the property; and the sentence imposed was within lawful bounds given the applicant's record and statutory requirements.
18 Mar 2021

GORRIE v R [2021] NZCA 73

Citation

[2021] NZCA 73
Court

Court of Appeal

Leave for a second appeal is declined because the applicant failed to demonstrate a real risk of miscarriage of justice: the trial Judge's admissions rulings on hearsay and propensity were within legal bounds, the inferences from DNA, stolen property, CCTV and modus operandi were permissible and sufficient to support convictions, and the sentence (including uplift for prior offending and minimum period) was not manifestly excessive.
21 Oct 2020

HARVEY v MINISTRY OF PRIMARY INDUSTRIES [2020] NZCA 519

Citation

[2020] NZCA 519
Court

Court of Appeal

Leave to bring a second appeal was declined because the High Court had not erred: the fines for each set of offending were at the low end of the permissible range, the totality argument lacked sufficient prospects of success, and there was no risk of miscarriage of justice justifying leave.
30 Sept 2020

NARAYAN v NEW ZEALAND POLICE [2020] NZHC 2558

Citation

[2020] NZHC 2558
Court

High Court

Leave for a second appeal was refused because the appellant failed to show the appeal raised a matter of general or public importance and failed to establish that a miscarriage of justice would occur if the appeal were not heard; the lower courts applied the correct s 107 test and there was no error sufficient to warrant a second appeal, and immigration consequences were speculative and for immigration authorities to determine.
11 Sept 2020

SINGH v R [2020] NZCA 411

Citation

[2020] NZCA 411
Court

Court of Appeal

Leave to bring a second appeal was granted only in respect of the discrete legal question whether the police Procedure Sheet wording complied with s77(3)(a) and (3A) of the Land Transport Act 1998 such that the evidential breath test was admissible; leave was declined on all other grounds because the GPS data could not have informed the officer's contemporaneous s68(1) assessment and the immigration consequences did not disclose error in the courts below.
10 Sept 2020

NGUYEN v R [2020] NZCA 402

Citation

[2020] NZCA 402
Court

Court of Appeal

Application for leave to bring a second appeal dismissed because the applicant failed to show an arguable error by the lower courts: evidence did not persuasively link addiction causatively to the commercial offending under Zhang; the District Court's rehabilitation discount was generous; no miscarriage of justice established.
14 Aug 2020

RENNIE COX LAWYERS v EA [2020] NZCA 348

Citation

[2020] NZCA 348
Court

Court of Appeal

Leave to bring a second appeal was granted because the proposed appeal raises matters of bona fide and serious legal argument of sufficient public and private importance — notably whether the 2012 proceedings were properly regarded as ended and whether an extension of time should have been granted — and those issues outweigh the cost and delay of further appeal; peripheral issues such as limitation suspension should be litigated in the appropriate forum and do not bar granting leave here.