Reported Cases » Privy Council and Supreme Court

Privy Council and Supreme Court

Privy Council

R v Taito [2002] 3 NZLR 577, 6 HRNZ 539 (Privy Council 2002)
Successful challenge to the way the Court of Appeal conducted criminal appeals since 1990.

Sir Robert Jones v Attorney-General (2003) 16 PRNZ 715
Summary judgment overturned on stopping for road transport alleged offence

R v Rameka, Harris and Tarawa [2003] unreported leave declined (see UN Cases and Reports)

R v Beckham [2003] leave declined, case currently before UNHC

Supreme Court

Taunoa and others v. Attorney-General and others, [2008] 1 NZLR 429 (SC) [2007] 5 LRC 680 (2004) 7 HRNZ 379
Prisoners rights case attempting to improve the victories in the High Court and the Court of Appeal finding a breach of section 9 and section 23(5) of the New Zealand Bill of Rights Act and awarding compensation for being held in the Behavioural Management Regime at Auckland Prison. Whilst the case was mostly unsuccessful in the Supreme Court in that compensation was reduced, it is notable for the Chief Justices' dissenting judgement which a masterpiece of articulation of International Human Rights.

Unreported Leave Judgements

Taunoa and others v. Attorney-General and others [2006] NZSC 95
Apllication to strike out - see main Judgement above

Fa'afete Taito v The Queen [2005] NZSC 36
Follow up to Privy Council case - see Notable Cases
Taito v New Zealand awaiting decision of UN Human Rights Committee

Jessop v R [2006] NZSC 14 27 March 2006
Original Taito appellant see Notable Cases

Jessop v R [2007] NZSC 96 30 November 2007
Original Taito appellant see Notable Cases
Jessop v New Zealand awaiting decision of UN Human Rights Committee

Josko Sestan v The Director of Area Mental Health Services Waitemata District Health Board [2007] NZSC 5
Habeas Corpus

Josko Sestan v The Director of Area Mental Health Services Waitemata District Health Board [2007] NZSC 10
Costs
Sestan v New Zealand awaiting decision of UN Human Rights Committee

R v Dean [2005] NZSC 15
See UN Human Rights Committee's views under Notable Cases

Manuel v The Superintendent, Hawkes Bay Regional Prison CIV SC 5/2004
See UN Human Rights Committee's views at here

Clark v Attorney-General [2005] NZSC 4 (2005) 17 PRNZ 566
Complaint of assault by prison officer - ongoing Civil case as at June 2009

Exley and McMillan v R [2007] NZSC 104
Preventive Detention

Belcher v Chief Executive Department of Corrections [2007] NZSC 54
Application dismissed despite error by Court of Appeal - declaration of inconsistency

Z v R [2008] NZSC 44
Passport Fraud

Chatha v R [2009] NZSC 21
Fraud Communication to UN Human Rights Committee pending

Wikio v Attorney-General [2009] NZSC 79
Exhaustion of domestic remedies, independent of tribunal - now before the UN Human Rights Committee as Wikio v New Zealand

Isherwood v R [2010] NZSC 2, [2010] NZSC 116
Preventive detention appeal - An application to Governor General for second appeal would be more suitable

Jellyman v R [2010] NZSC 21
Preventive detention whether intellectually disabled complainant capable of giving evidence on oath

Ferguson v R [2010] NZSC 93
Murder intellectually disabled accused whether interpreter needed

Smith v Attorney-General [2010] NZSC 114
Allegation of actual bias against Court of Appeal Judge based on transcript of hearing pdf here

Miller and Carroll v New Zealand Parole Board [2011] SC 26
Independence of Parole Board and Rehabilitation pdf here

Shane Ellis v R [2011] NZSC 60
Right to a Jury Trial pdf here

Siemer v Solicitor-General [2011] NZSC 32
Recall of Costs Judgement pdf here