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VIP Useful Case Law
“Case Law” of “judgments of the Supreme Court, works to compel the court to be consistent with its’ decisions.
Some decisions are “binding precedents” meaning the court MUST find the same way if the material / basis of the matter is the same.
Other decisions can be “persuasive precedents” meaning the court should consider the matter the same way [even if the decision comes from another country or a lower court.]
A decision issued by the supreme court is a binding precedent for every court below it- the Family Court decisions are not binding, when met with a higher courts ruling- which is why knowing how to appeal is a valuable skill- as most Family Court and civil matters are only corrected at the higher courts.
Useful case law listed at the Supreme Court level is here under: “Public interest” [these are usually taken down after 3 months, so it is good practice to routinely download and save what is useful to you.]
“Public interest” decisions [as deemed by the court and NOT the public] are located here:
https://www.courtsofnz.govt.nz/judgments/supreme-court/
General Supreme Court Decisions for any case are searchable here:
https://www.courtsofnz.govt.nz/the-courts/supreme-court/judgments-supreme/
UNIQUE CASE LAW:- grounds of appeal including the persons Mana.
Peter Hugh McGregor Ellis v The King – SC 49/2019
[2022] NZSC 115
[4] In 2019, the appellant was granted an extension of time to apply for leave to appeal to this Court against both the 1994 and 1999 Court of Appeal decisions and was granted leave to appeal. The appellant died before the appeal hearing in this Court, but the Court ruled that the appeal be allowed to continue after his death.”
https://www.courtsofnz.govt.nz/cases/peter-hugh-mcgregor-ellis-v-the-queen-1
*Note- if a person can be cleared of an offence after death, the same MUST legally be true of a criminal convicted of an offence after death.
https://www.courtsofnz.govt.nz/assets/cases/2022/2022-NZSC-115.pdf
If you have located a media story and are unable to find the decision: We encourage you to contact the Judicial Decisions Online department to see if they can locate of release the information: [email protected]
*For exclusive case law please email us with the legal basis required for additional resources.
UNITED NATIONS decisions are locate able here:
Paul Zentveld V New Zealand: CAT/C/68/D/852/2017
https://atlas-of-torture.org/en/entity/gxvjkecb8zc?page=1
Malcom Richards: CAT/C/73/D/934/2019
https://www.justice.govt.nz/assets/Documents/Decisions/20220912-CAT-C-73-D-934-2019-English-clean-copy.pdf
Miller and Carroll v New Zealand: CCPR/C/121/D/2502/2014
Teitiota V New Zealand: CCPR/C/127/D/2728/2016
https://amnesty.org.nz/nz-justice-system-failing-human-rights