New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Extension of time to appeal

  • 8 Dec 2023

    OSMAN v R [2023] NZHC 3559

    Citation
    [2023] NZHC 3559
    Court
    High Court

    Extension of time refused because delay unexplained and finality weighed against it; District Court Judge did not err in declining discharge without conviction — available material showed moderate rather than high gravity (knife involvement elevated gravity), counsel provided available information about RASNZ engagement, and the direct and indirect consequences of conviction were not out of all proportion to the offending; additional affidavit and cultural report admitted but did not alter result; appeal dismissed.

    • Discharge without conviction (s106 sentencing act 2002)
    • Proportionality test (s107 sentencing act 2002)
    • Extension of time to appeal
    • Admissibility of fresh evidence on appeal

  • 7 Dec 2023

    MARSHALL v R [2023] NZCA 625

    Citation
    [2023] NZCA 625
    Court
    Court of Appeal

    Extension of time to file a notice of appeal was granted because the applicant provided a plausible explanation for delay (difficulty securing counsel and late legal aid application) supported by Corrections records, the Crown conceded no prejudice from the delay, and in the interests of justice the appellant should have the opportunity to have his sentence reviewed given the significant term and 10‑year non‑parole period; some grounds of appeal raised arguable issues warranting further consideration by a substantive panel.

    • Extension of time to appeal
    • Manifestly excessive sentence
    • Starting point for sexual offending
    • Uplift for separate offending (bestiality)
    • Mitigation credit
    • Non‑parole period

  • 23 Nov 2023

    RE HAWKE’S BAY REGIONAL COUNCIL [2023] NZHC 3343

    Citation
    [2023] NZHC 3343
    Court
    High Court

    Applying the Almond v Read factors the Court found the delay was explicable given lack of resources, difficulty securing counsel and significant cyclone-related community obligations, the prejudice to respondents was not determinative, the issues raised have wider significance and the proposed appeal had arguable merit; accordingly the Court exercised its discretion under s306 RMA to extend the time to file a separate notice of appeal until ten working days from the date of the decision.

    • Water conservation orders
    • Extension of time to appeal
    • Consultation with māori
    • Kaitiakitanga
    • Procedure for appeals

  • 22 Nov 2023

    MURAAHI v R [2023] NZCA 586

    Citation
    [2023] NZCA 586
    Court
    Court of Appeal

    The extension of time was declined because the applicant repeatedly failed to comply with explicit Court directions and provided no reasonable explanation or particularised grounds for the delay; as a consequence the bail application fell away and was declined.

    • Extension of time to appeal
    • Bail pending appeal
    • Non-compliance with court directions
    • Three-strikes law repeal
    • Legal aid withdrawal
    • S 338 criminal procedure act 2011

  • 16 Nov 2023

    BLANCE v R [2023] NZCA 569

    Citation
    [2023] NZCA 569
    Court
    Court of Appeal

    The unexplained lengthy delay in filing the appeal, coupled with the absence of a real prospect of success on the proposed grounds (the sentencing judge applied the then-applicable law, reasonably assessed aggravating features and personal mitigation and the MPI was supportable on the facts), meant the interests of finality and justice did not require granting an extension of time.

    • Extension of time to appeal
    • Minimum period of imprisonment (mpi)
    • Starting point for commercial drug supply
    • Personal mitigation credit
    • Precedent application (fatu/zhang/berkland)

  • 8 Nov 2023

    BEENA JYATIN TAILOR v COMMISSIONER OF INLAND REVENUE [2023] NZCA 559

    Citation
    [2023] NZCA 559
    Court
    Court of Appeal

    The applications for recall are dismissed because the assessments underlying the bankruptcy notices are statutorily deemed correct as they were not challenged, so the appeal could not possibly succeed and there is no basis to recall the Court's prior judgment.

    • Recall
    • Extension of time to appeal
    • Deemed assessments
    • Filing restrictions

  • 26 Oct 2023

    DOUGLAS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 522 [26 October 2023]

    Citation
    [2023] NZCA 522
    Court
    Court of Appeal

    The court adjourned the r29A extension application to the hearing of the appeal against the 2023 High Court judgment because the panel hearing that appeal is best placed to determine both the leave application and the substantive issues; interests of justice, finality and efficiency require a single hearing to avoid separate panels and duplication.

    • Public protection order (ppo)
    • Statutory review of detention
    • Extension of time to appeal
    • Mootness
    • Case consolidation

  • 25 Oct 2023

    TAYLOR v COMMISSIONER OF INLAND REVENUE [2023] NZCA 515

    Citation
    [2023] NZCA 515
    Court
    Court of Appeal

    Extension of time under r29A was declined because, although the delay was short and caused no apparent prejudice, the proposed appeal was clearly hopeless as s109 Tax Administration Act 1994 prevents the challenge to the tax assessment in District Court proceedings and the default judgment could not be successfully set aside.

    • Extension of time to appeal
    • Default judgment
    • Substituted service
    • Challenge to tax assessment
    • Tax administration act s109

  • 8 Sept 2023

    COMMISSIONER OF INLAND REVENUE v TAILOR [2023] NZHC 2520

    Citation
    [2023] NZHC 2520
    Court
    High Court

    Applications to annul adjudications dismissed because they were procedurally defective and unsupported by evidence, and because the Court of Appeal had already refused extensions and upheld that the tax assessments stood unless validly challenged, thus rendering the annulment applications futile and incapable of success under s 309(1)(a).

    • Annulment of adjudication
    • Bankruptcy
    • Tax assessments
    • Extension of time to appeal
    • Service and procedural compliance

  • 31 Aug 2023

    KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD (IN INTERIM LIQUIDATION) [2023] NZHC 2407

    Citation
    [2023] NZHC 2407
    Court
    High Court

    Extension of time and leave to appeal were refused and interim stay declined because the applicant's unexplained and substantial delay (over ten weeks), conduct (including steps appearing to evade Court orders and to assign/enforce the Kentucky judgment), and prejudice to the plaintiff outweighed the significance of the proposed appeal; additionally, on the merits the High Court correctly concluded New Zealand was the appropriate forum for Kea's conspiracy/fraud claims and there was no arguable error warranting appellate intervention.

    • Extension of time to appeal
    • Leave to appeal under s56(3) senior courts act 2016
    • Stay pending appeal
    • Forum non conveniens
    • Anti‑suit/anti‑enforcement relief
    • Interim liquidation