Recent Cases
R v Phillip John Smith [2015] NZHC 1650
Suppression order lifted. view here
A v New Zealand (No 21/2015 United Nations Human Rights Council Working Group on Arbitrary Detention)
Mr A 59 year old, who has been detained in custody for the last 45 of 46 years has been found to have been arbitrary detained for the last 11 years, and discriminated against because of his intellectual disability, and the Working Group calls for his release from prison and compensation. pdf here
Todd Aaron Marteley v The Legal Services Commissioner (SC 61/2014) [2015] NZSC 127
In a unanimous decision the Supreme Court has allowed the appeal and restored the order made in the High Court that Mr Marteley receive legal aid for his conviction appeal. pdf here Supreme Court Press Release here
Legal Services Commissioner v Marteley [2014] 3 NZLR 143 (CA)
Legal Aid for Murder Appeal view here
Marteley v Legal Services Commissioner [2013] NZAR 875 (HC)
Legal Aid for Murder High Court view here
Kim v Prison Manager, Mt Eden Corrections Facility SC 27/2015 [2015] NZSC 47
Habeas Corpus Mr Kim detained "arbitrarily without a hearing, without natural justice, without a lawyer, and without legal aid". view here
Kim v Prison Manager, Mt Eden Corrections Facility [2015] NZCA 2
Habeas Corpus appeal on extradition for Murder to China. view here
Kim v Prison Manager, Mt Eden Corrections Facility [2014] NZHC 3051 and 3152
Habeas Corpus No 1 Warrant Validity view here No 2 Denied natural justice on new Warrant view here
Rawiri Lawson v R [2014] NZCA 463
Aggravated Robbery Appeal view here
Vogel v Attorney-General [2014] NZAR 67 (CA)
Prisoner not treated with humanity and respect appeal view here
Attorney-General v Siemer [2014] NZHC 859
Vexatious Litigant High Court view here
Minister of Immigration v Zhang [2014] NZAR 88
Deportation Order Appeal view here
DSW v Hancock [2013]
District Court Jury trial for benefit fraud $65,000 found guilty of $6000
Kim v Prison Manager, Mt Eden Corrections Facility [2013] 2 NZLR 589 (SC)
Habeas Corpus appeal on extradition for Murder to China Supreme Court view here press release here
Court of Appeal of the Pitcairn Islands
R v Warren CA 1/2012
Constitutional issues arising from a criminal case
Judgment April 2013 pdf here
Further Judgment August 2013 pdf here
Awaiting August 2015 Judgment.
Lawler v R [2013] NZCA 308
Appeal from 1987, 1990 and 1993 convictions and sentence for intellectually disabled person sentenced to preventative detention view here
Kim v People's Republic of China [2013] NZAR 841 (CA)
Extradition to China and Refusal of Bail Appeal view here
Togia v New Zealand Police [2013] 2 NZLR 478 (SC)
Fitness to stand trial and vigorous examination of intellectual disabled person required. Court of Appeal and Supreme Court leave pdf here
Siemer v Solicitor-General [2013] 3 NZLR 441 [2013] NZSC 68
Contempt of court, suppression of court judgement Supreme Court view here