Rueben Teika v Te Whatu Ora Health New Zealand

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 95/2024
[2024] NZSC 125

BETWEEN	RUEBEN TEIKA Applicant
AND	TE WHATU ORA HEALTH NEW ZEALAND Respondent

Court:	Glazebrook, Ellen France and Williams JJ
Counsel:	A M S Williams and K N Stitely for Applicant B Hawes and A M Harvey for Respondent
Judgment:	25 September 2024

JUDGMENT OF THE COURT

ALeave to appeal is granted (Teika v Te Whatu Ora Health New Zealand [2024] NZCA 390).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.
C Costs are reserved.

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REASONS

The Court of Appeal agreed that the High Court was right to dismiss Mr Teika’s application for habeas corpus but for different reasons.[1] In their submissions, counsel should address not only the reasons of the Court of Appeal but also the reasons in the High Court judgment.[2]
[1]Teika v Te Whatu Ora Health New Zealand [2024] NZCA 390 (Goddard, Thomas and Cooke JJ) at [31].
[2]Teika v District Court of New Zealand [2024] NZHC 2218 (Dunningham J).
We understand that there is a disposition hearing on 27 September 2024. The fact that leave has been granted does not mean that this hearing should be adjourned.
We understand that Mr Teika was not legally aided in respect of this application. We assume that he will be applying for legal aid in relation to the application and the resulting appeal now that leave has been granted. Counsel are to keep the Court informed as to the result of that application.
The appeal can be heard on Thursday 13 March 2025 in Christchurch if suitable for counsel. Counsel should contact the Registry as soon as possible to confirm that date or to request an earlier fixture in Wellington.

Solicitors:
Raymond Donnelly & Co, Crown Solicitor’s Office, Christchurch for Respondent

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Rueben Teika has applied for leave to appeal against the decision of the Court of Appeal, which dismissed his habeas corpus application. The Court of Appeal had upheld the High Court's dismissal of Mr Teika's application. The Supreme Court was required to determine whether the Court of Appeal was correct in dismissing the appeal and whether leave to appeal should be granted.

The court noted that the Court of Appeal and the High Court both found that Mr Teika's application for habeas corpus was properly dismissed, albeit for different reasons. The Court of Appeal's decision was based on the assessment of the merits of the appeal, whereas the High Court focused on procedural grounds. The Supreme Court was tasked with considering both sets of reasons and determining whether the Court of Appeal's decision was correct.

The Supreme Court granted leave to appeal, indicating that it found merit in the appeal despite the Court of Appeal's dismissal. The court emphasized that the grant of leave did not mean that the disposition hearing scheduled for 27 September 2024 should be adjourned. It was noted that Mr Teika was not legally aided in respect of the application but would likely apply for legal aid in relation to the appeal. The court directed counsel to keep it informed of the outcome of the legal aid application. The appeal was scheduled for hearing on Thursday, 13 March 2025, in Christchurch, with the possibility of an earlier fixture in Wellington if necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established