Solicitor-General's Reference (No 1 of 2024) from CA441/2023 ([2024] NZCA 318)

[2024] NZSC 160

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 110/2024
 [2024] NZSC 160

IN THE MATTER OF SOLICITOR‑GENERAL’S REFERENCE (NO 1 OF 2024) FROM CA441/2023 ([2024] NZCA 318)
Referrer

Court:	Ellen France and Miller JJ
Counsel:	M F Laracy for Referrer S J Shamy as counsel assisting the Court
Judgment:	27 November 2024

JUDGMENT OF THE COURT

AWe grant leave to the Solicitor‑General to refer the following questions of law (arising from Nikoloff v R [2024] NZCA 318) to this Court under s 317 of the Criminal Procedure Act 2011:

Was the defect in the leave given on behalf of the Attorney‑General able to be remedied or rectified by the instrument of ratification?

Was the trial at which Mr Nikoloff was convicted a nullity?

BWe appoint Mr S J Shamy as counsel to assist the Court on the appeal under s 318(3)(a) of the Criminal Procedure Act.

____________________________________________________________________

Solicitors:
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Referrer