Cases
One of the grounds advanced for the creation of the Court was that it would allow more people to have access to the country's highest appellate court. From 1851 until 2002, the Privy Council made 268 decisions relating to New Zealand. In the ten years from 1992–2002, only 21 decisions had been allowed with respect to New Zealand. The Supreme Court hears many more cases than were heard by the Judicial Committee of the Privy Council due to its jurisdiction being considerably broader. For example, cases in the areas of employment, criminal and family law can be heard by the Supreme Court, whereas previously cases in both areas of law could normally progress no further than the Court of Appeal. The proximity of the Court is another factor that is likely to contribute to it hearing an increased number of appeals and also allows appeals to be heard and determined considerable faster than under the former system.
The Court heard many applications to leave. It has also heard many substantive appeals. Notable substantive cases include:
- Taunoa v Attorney-General 1 NZLR 429 (remedies for Bill of Rights breach).
- R v Hansen 3 NZLR 1 (burden of proof and evidential burden under Misuse of Drugs Act 1975 in relation to Bill of Rights).
- Lai v Chamberlains 2 NZLR 7 (immunity of barristers from suit).
- R v L 3 NZLR 291 (mens rea of attempted sexual violation).
- Zaoui v Attorney-General 1 NZLR 289 (human rights in relation to national security).
- Morgan v Superintendent of Rimutaka Prison 3 NZLR 1 (retrospective penalties).
Read more about this topic: Supreme Court Of New Zealand
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