Fitzgerald v Attorney-General of New Zealand

[2024] NZSC 180

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 107/2024
 [2024] NZSC 180

BETWEEN	DANIEL CLINTON FITZGERALD Applicant
AND	ATTORNEY-GENERAL Respondent

Court:	Winkelmann CJ, Glazebrook, Williams JJ
Counsel:	A S Butler KC, P A Tierney and M D N Harris for Applicant M F Laracy, J N E Varuhas and Z R Hamill for Respondent
Judgment:	18 December 2024

JUDGMENT OF THE COURT

ALeave to appeal is granted (Fitzgerald v Attorney-General of New Zealand [2024] NZCA 419).

BThe approved question is whether the Court of Appeal was correct to allow the appeal.

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REASONS

1. If counsel wish to contend that Attorney-General v Chapman should no longer remain good law in New Zealand, they must also address the circumstances in which this Court should overrule its prior decisions.[1]

   [1]Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462.

Solicitors:
Ord Legal, Wellington for Applicant
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent