Solicitor-General's Reference (No 1 of 2024) from CA441/2023 ([2024] NZCA 318) - SC 110/2024
Summary
Criminal Appeal — Application for leave to refer a question of law
Result
A We 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?
B We appoint Mr S J Shamy as counsel to assist the Court on the appeal under s 318(3)(a) of the Criminal Procedure Act.
27 November 2024
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?
B We appoint Mr S J Shamy as counsel to assist the Court on the appeal under s 318(3)(a) of the Criminal Procedure Act.
27 November 2024
Date of Hearing
12 March 2025
Judges
Winkelmann CJ, Glazebrook, Williams, France and Miller JJ
Case Synopses
Submissions from counsel
- Hearing date 12 March 2025 Referrer Submissions (PDF 1.1 MB)
- Hearing date 12 March 2025 Counsel to Assist Submissions (PDF 393 KB)
Related Documents
High Court decision — Not publicly available
Court of Appeal decision — Not publicly available
Leave judgment - leave granted — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2024) [2024] NZSC 160 [27 November 2024] (PDF 135 KB)