| NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B-11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 37/2022 [2022] NZSC 111 |
| BETWEEN | TANYA FELICITY DUNSTAN |
| AND | ATTORNEY-GENERAL |
| Court: | Glazebrook, O’Regan and Ellen France JJ |
Counsel: | Applicant in person |
Judgment: | 21 September 2022 |
JUDGMENT OF THE COURT
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $500.
____________________________________________________________________
REASONS
Background
Direction of Goddard J
Ms Dunstan has filed an appeal in the Court of Appeal[1] against a decision of Jagose J striking out an application for judicial review relating to a direction of a District Court Judge of 9 July 2021 that an application to commence a private prosecution be rejected.[2]
[1]Dunstan v Auckland High Court CA114/2022.
[2]Dunstan v Auckland District Court [2022] NZHC 417 (Jagose J).
On 12 April 2022, Ms Dunstan applied for security for costs to be dispensed with. On 20 April 2022, Goddard J made the following direction:
The respondents are not required to participate in this appeal. They may choose to do so if they wish, by filing a notice of appearance.
Ms Dunstan seeks leave to appeal to this Court against the direction of Goddard J.
We note that no respondent filed a notice of appearance and the Deputy‑Registrar made an order dispending with security for costs.
Refusal to order transcript
Ms Dunstan filed in the Court of Appeal an application for leave to appeal against a decision of the High Court,[3] which dismissed Ms Dunstan’s appeal against a decision of the Family Court.[4]
[3]Dunstan v Neill [2021] NZHC 691 (Powell J).
[4]Neill v Dunstan [2020] NZFC 7185 (Judge Adams).
As part of Ms Dunstan’s application for leave to appeal, she requested a transcript of the High Court hearing which Goddard J refused.[5] Goddard J said that Ms Dunstan had not identified any sufficient reason to require a transcript to be prepared in advance of the Court considering the leave application. He said that, if leave were granted, the issue of a transcript could be revisited if there was a live issue as to what happened at the hearing.
[5]Dunstan v Neill CA248/2021, 17 June 2021 (Minute No 4) (Goddard J).
The application for leave to appeal was subsequently dismissed by the Court of Appeal.[6]
[6]D (CA248/2021) v N [2021] NZCA 360 (French and Courtney JJ).
We note that Ms Dunstan’s application for the transcript had been dealt with in the High Court in Dunstan v Neill (No 2), where Powell J had dismissed the application.[7] It does not appear as though Ms Dunstan applied for leave to appeal against that decision.
Submissions
[7]Dunstan v Neill (No 2) [2021] NZHC 891 (Powell J) at [7].
Ms Dunstan says…
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- AGLC
- Dunstan v Attorney-General [2022] NZSC 111
- Case
- [2022] NZSC 111
- Decision Date
CaseChat Overview and Summary
The Supreme Court found that the criteria for leave were not met. The proposed appeal related to the particular circumstances of Ms Dunstan’s case and there was no matter of general or public importance. It was also difficult to see how Ms Dunstan had been disadvantaged by Goddard J’s direction and there could thus be no risk of a miscarriage of justice. There was no basis for the allegations of pre-determination. The Court also found that it had no jurisdiction to hear and determine an appeal where the decision was a refusal to give leave to appeal to the Court of Appeal. In any event, the Court found that there was no matter of general or public importance and nothing Ms Dunstan had raised would suggest a miscarriage of justice.
The application for leave to appeal was dismissed. The applicant must pay the respondent costs of $500.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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