Emma Priest
SUPREME COURT SUCCESS
Bravo to Katie Hogan KC and Tracey Hu for Iongi v R [2025] NZSC 191.
This important Supreme Court decision quashed a conviction for manslaughter and addressed the application of s 66(2) to parties’ liability to manslaughter.
BEST DECISION EXEMPLAR
PAR v SJF [2025] NZLR 2148
This oral judgment by Justice Andrew Becroft was applauded as a masterclass on how to engage with young people in the courts. The decision was written as a letter to the young person impacted by a custody decision.
I would love to see this style adopted in the Youth and District Courts, particularly for sentencing or in judge-alone decisions where defendants have been found to have committed crimes.
HIGH-IMPACT DECISION IN THE LOWER COURTS
Tamiefuna v R [2025] NZSC 40
This case considered police search and seizure powers.
It addressing the limits of police intelligence-gathering before offending is committed. It involved taking photographs of Tamiefuna, who was a passenger in a car, and saving them in NIA, the National Intelligence database held by the police.
Tamiefuna was later linked to a crime by way of general description and because of the clothing seen in the photographs.
The case addressed s 30 of the Evidence Act 2006. It has adjusted the s 30 proportionality balancing test, the application of which largely ruled unlawfully or unfairly obtained evidence was nonetheless admissible.
Tamiefuna’s photograph was ruled inadmissible, resulting in the Crown offering no evidence. The case has widespread application and has impacted on everyday law in the trenches, with more evidence being ruled inadmissible as a result.
COOLEST CRIMINAL PROCEDURE RULE CHANGE
Rule 5A.5A Criminal Procedure Rules 2012 came into force in 2025.
This states that the prosecutor must use best endeavours to file victim impact statements (VIS) at least five working days before the date of the sentencing hearing.
This has had huge practical impact with defence counsel and defendants now getting VIS well in advance of hearings, rather than being handed to them in court just prior to sentencing, as was common practice.
COMMON LAW CLANGER
D v AG [2025] NZHC 4028
The court granted a rare mandamus order which requires the Chief Executive of the Department of Corrections to ensure maximum security prisoners are getting their minimum daily entitlements or risk arrest.
This relates to daily exercise entitlements of one hour outside the cell, a requirement that was routinely breached due to insufficient staff. Bravo to Victoria Casey KC, Amanda Hill and Feroze Brailsford for this ground-breaking work.
MOST SIGNIFICANT LEGISLATIVE AMENDMENT
Amendment to the Sentencing Act 2002 to add, amongst other things, s 9Q. This states that total sentencing reductions must not exceed 40% (unless it is manifestly unjust).
A close second contender is the reinstatement of the ‘three strikes’ law.
Both will generate considerable litigation in 2026 and beyond.
MOST UNDERESTIMATED LAW
Firearm Prohibition Orders (FPOs) are being ordered at sentencing for those who meet the criteria.
Convictions for firearms offending, gang offending and serious violence can trigger these orders. Once in place, an FPO permits warrantless searches of people, homes and vehicles (requiring only reasonable ground to believe an FPO is in force) for up to 10 years.
There are impacts to rights relating to privacy, movement and association.
Breaches of an FPO carry penalties of up to seven years’ imprisonment (see ss 39-39H Arms Act 1983).
While in force for a few years now, the first higher court litigation was in 2025: Aitu v R [2025] NZHC 2433.
This will be heard in the Court of Appeal in 2026.
PRACTICE NOTE FAILURE
Rule 15 (i) of the Protocol for Participation in Remote Hearings (23 November 2023) requires counsel to wear gowns when appearing remotely in the High Court.
This is still not widely known, resulting in much hilarity as counsel realise they are under-dressed on VMR and desperately grab gowns before court starts. Maybe 2026 will be the year that this is known by all.
TAKEDOWN ORDER TRIUMPH
Exley v NZME Publishing Limited [2025] NZSC 90.
Bravo to Elizabeth Hall and team for this epic decision. An impact on fair trial rights alone is sufficient to warrant takedown orders.
The case offers helpful comments, recognising the reality that jurors are exposed to the internet during trial and the need to ensure they are not exposed to information outside the courtroom.
RULE OF LAW TEST
Take a bow IPCA for exposing the McSkimming objectionable material fiasco.
Huge blow to the reputation of the New Zealand Police but excellent to see their watchdog addressing this head-on.
CRIMINAL TEXT BOOK OF 2025
The second edition of Mahoney on Evidence was this year’s must-have text. More brilliant work by a stellar academic team lead by Scott Optican and Elizabeth McDonald.
BOOK OF THE YEAR
Polkinghorne by Steve Braunias.
Emma Priest
A first-hand report of the epic 2024 trial, with the defendant represented by Ron Mansfield KC, Harrison Smith and Hannah Stuart. This book surely takes out the award for best criminal law read of the year.