New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Finality of court of appeal decisions

Legal area

Court

18 Aug 2017

MATTHEW RICHARD BROWN v NEW ZEALAND POLICE [2017] NZSC 121

Citation

[2017] NZSC 121
Court

Supreme Court

The application for leave to appeal was dismissed because the Court of Appeal had correctly found no error warranting further appeal, the refusal of leave by the Court of Appeal is final under s 213(3) Criminal Procedure Act 2011, and no exceptional circumstances existed to justify a direct leap‑frog appeal from the High Court.
9 Feb 2017

J (SC 93/2016) v ACCIDENT COMPENSATION CORPORATION [2017] NZSC 3

Citation

[2017] NZSC 3
Court

Supreme Court

Because s163 of the Accident Compensation Act 2001 provides for an appeal route to the Court of Appeal (including leave and special leave procedures) and contemplates finality at that level, substituting a direct appeal to the Supreme Court would be contrary to the statutory scheme; applying precedent (including Vukomanovic), the Supreme Court therefore has no jurisdiction to grant the leave sought and the application is dismissed.