1 Nov 2023
The High Court has no jurisdiction to hear an appeal from a District Court decision under s 26 of the Criminal Procedure Act 2011; the notice of appeal is a nullity and of no legal effect; judicial review is the appropriate avenue to challenge such a decision.
21 Jul 2023
The application for review of the Deputy Registrar's decision is declined because the proposed appeal does not raise issues of public interest and the Deputy Registrar correctly applied the principles that do not justify waiver of fees or dispensing with security for costs given the prior strike out of the proceeding as disclosing no reasonably arguable cause of action and as an abuse of process.
6 Mar 2023
The proposed High Court appeal was procedurally defective (no notice and filed under incorrect rule), and the Family Court directions were interlocutory and not appealable under s341 of the Oranga Tamariki Act; because the defects could not be remedied the proceeding was plainly an abuse of process and was struck out.
20 Dec 2022
The High Court has no jurisdiction to entertain appeals against District Court Judges' review decisions under s106F of the Summary Proceedings Act; appealability is governed by statute and NZBORA s25 does not create an independent right of appeal, therefore the proceedings are struck out for want of jurisdiction.
4 Oct 2022
The amended statement of claim failed to comply with High Court Rules r 5.17(1) and sought impermissible, wide-ranging relitigation of matters already dealt with by specialist courts; the without-notice injunction application lacked required grounds and procedural compliance; proceeding therefore constituted an abuse of process and was properly struck out.
26 Apr 2022
Because the consented Lifestyle and Retirement Precinct limited services and facilities to residents and their visitors, those services are sufficiently 'associated with' dwellinghouses and thus fall within the RMA definition of 'residential activity' (s95A(6)). Accordingly, under s120(1A)(c) (as in force at the relevant time) the right to appeal was ousted unless the activity was non-complying, and the Environment Court correctly concluded it had no jurisdiction to hear the appeals; the High Court dismissed the appeal.
22 Mar 2022
The Supreme Court granted leave to appeal and framed the approved question: whether the Court of Appeal was correct to allow the appeal, thereby permitting the Supreme Court to determine the correctness of the Court of Appeal's decision.
17 Dec 2021
Because appeals depend on statutory authority and the Criminal Procedure Act 2011 provides no right to appeal the withdrawal of a sentence indication, the proposed appeal must be dismissed.
9 Sept 2021
Leave to appeal was refused because the appeal would require re‑examination of factual findings below about whether the defendant honestly believed the truth of his statements and whether the replies exceeded necessity for qualified privilege; no question of general or public importance and no appearance of miscarriage of justice.
3 Dec 2020
The extension of time under r 43 was declined because Mr Hill had ample opportunity and multiple prior extensions to comply, had not paid ordered security for costs and was unlikely to do so, and prior decisions demonstrated the appeal lacked merit such that any extension would be futile; accordingly the appeal is deemed abandoned by operation of r 43(1).