New Zealand Case Law: Decisions & Judgments

Topic

Appealability of interlocutory orders

Legal area

Court

29 Sept 2023

KAUR v THE TAXATION REVIEW AUTHORITY [2023] NZHC 2748

Citation

[2023] NZHC 2748
Court

High Court

A TRA strike out order made pursuant to unless orders that finally disposes of a challenge is a determination of the challenge and is appealable under s 26A TRAA; on the facts the applicant's non-compliance was caused by counsel error, the prejudice and delay were limited, and the interests of justice required excusing the default and setting aside the strike out order, remitting the matter for case management.
8 Nov 2011

SIEMER v HERON SC 6/2011

Citation

SIEMER v HERON SC 6/2011
Court

Supreme Court

Majority: s66 in its terms allows appeals as of right from any High Court judgment, decree or order including interlocutory orders made in the course of appeals from inferior courts unless the Act or rules expressly restrict that right; however because Mr Siemer failed to pay the required security and his appeal to the High Court was therefore deemed abandoned under s74(2) there was no subsisting appealable decision and accordingly the substantive appeal to this Court is dismissed.
16 Aug 2010

Weal v Accident Compensation Corporation

Citation

[2010] NZACC 126
Court

District Court

The application for leave to appeal was dismissed because the stay of payment of entitlements was an interlocutory discretionary order based on factual assessment and proper process and therefore was not a "decision" under s.162 giving rise to a High Court appeal; no error of law in Judge Beattie's reasoning was demonstrated and the substantive appeal on cover should be determined first.
30 May 2008

KELLS & ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2008-404-1812

Citation

openlaw-821a2c7c_1255_42d2_80d9_263566a88537.pdf
Court

High Court

Filing an application for an assessor's report under the Weathertight Homes Act within the ten-year period operates to stop time running under the Building Act long-stop as to all potential parties; consequently joinder of additional parties after that filing is not barred by s393(2). The Tribunal's refusal to strike out the Kells was within its discretion and not Wednesbury unreasonable. Interlocutory refusals that are not final determinations are not appealable and judicial review is discretionary and should not be used to circumvent the Act's appeal scheme; both the appeal and review were…
16 Apr 2008

THE FRIENDS OF PAKIRI BEACH V MCCALLUM BROS LTD & ORS CA CA116/07

Citation

openlaw-5fd62504_6899_4b6a_84b8_e09cab3c01f5.pdf
Court

Court of Appeal

A High Court strike-out decision disposing of all or part of an appeal under RMA s299 is in substance a decision 'under section 299' and is not appealable as of right under s66 Judicature Act but is appealable only by leave under s308 RMA; the High Court has inherent jurisdiction to strike out such appeals but must exercise it sparingly; costs orders made on such leave/strike-out applications are independently appealable where they are sufficiently fixed, and the costs order made by Andrews J was properly imposed and is upheld.
4 Aug 2005

MAFART AND PRIEUR V TELEVISION NEW ZEALAND LIMITED CA CA92/05

Citation

openlaw-4cc835dc_5696_40d1_90d8_b19b662aa90c.pdf
Court

Court of Appeal

Decisions by a High Court judge under the Criminal Proceedings (Search of Court Records) Rules 1974 to grant or refuse leave to search and copy criminal court records are either administrative or orders in or relating to criminal proceedings and are not appealable to the Court of Appeal under s 66 of the Judicature Act 1908; no alternative statutory right of appeal exists, therefore the Court of Appeal lacks jurisdiction and the appeal must be dismissed.

New Zealand Case Law

KAUR v THE TAXATION REVIEW AUTHORITY [2023] NZHC 2748

SIEMER v HERON SC 6/2011

Weal v Accident Compensation Corporation

KELLS & ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2008-404-1812

THE FRIENDS OF PAKIRI BEACH V MCCALLUM BROS LTD & ORS CA CA116/07

MAFART AND PRIEUR V TELEVISION NEW ZEALAND LIMITED CA CA92/05