3.3 Unreported cases - neutral citation
|
Element |
Case name |
Year |
Court identifier |
Judgment number |
Pinpoint reference |
|
Example |
Attorney-General v X |
[2007] |
NZCA |
388 |
at [70] |
|
Rule |
Eg Attorney-General v X [2007] NZCA 388 at [70].
When citing an unreported case, use the neutral citation (if available). Only use official neutral citations provided on the original copy of the judgment.
Some websites, such as the New Zealand Legal Information Institute, available at www.nzlii.org, have catalogued judgments using a numbering system that looks like a neutral citation. Do not use these numbers as they are not universally associated with the judgment and are liable to cause confusion. For guidance on when the various New Zealand courts adopted neutral citations see rule 3.3.3(b) below.
(a) See above
Cite the case name and pinpoint in accordance with the relevant rules for reported judgments: see rules 3.2.1 and 3.2.8 above.
(a) Year of decision
Give the year as it appears in the neutral citation on the judgment in square brackets. This will be the year in which the case was decided.
(a) General rule
Use the official court identifier adopted by the court. The identifier will generally indicate both the jurisdiction and the court. Given this information is provided as part of the core citation, it is not necessary to include a court identifier after the starting page or pinpoint.
Eg Attorney-General v X [2007] NZCA 388.
(b) New Zealand
(i) Privy Council courts
Privy Council judgments from 2001 bear a neutral citation. The court identifier is UKPC.
Eg Commissioner of Inland Revenue v Auckland Harbour Board [2001] UKPC 1.
(ii) Supreme Court
Supreme Court judgments from 2005 bear a neutral citation. The court identifier is NZSC.
Eg Pue v R [2005] NZSC 55.
(iii) Court of Appeal
Court of Appeal judgments from 2007 bear a neutral citation. The court identifier is NZCA.
Eg R v Fowler [2007] NZCA 1.
(iv) Employment Court
From 2010, the Employment Court will begin using neutral citations. The format will be [2010] NZEmpC 1.
(v) Other courts
When citing decisions of other New Zealand courts that do not use neutral citations, use the file number citation style.
(c) New Zealand tribunals
(i) Human Rights Review Tribunal
Human Rights Review Tribunal decisions from August 2007 bear a neutral citation. The identifier is NZHRRT.
Eg Bullock v Department of Corrections [2008] NZHRRT 4.
(ii) Tribunals adopting neutral citation from 1 January 2010
From 1 January 2010, the following tribunals will adopt neutral citation. The relevant tribunal identifiers are given below.
|
Copyright Tribunal Criminal Justice Assistance Reimbursement Scheme Customs Appeal Authority Deportation Review Tribunal Immigration Advisors Complaints and Disciplinary Tribunal International Education Appeal Authority Lawyers and Conveyancers Disciplinary Tribunal Liquor Licensing Authority Secondhand Dealers & Pawnbrokers Licensing Authority Social Security Appeal Authority Student Allowance Appeal Authority Taxation Review Authority Trans-Tasman Occupations Tribunal Victims' Special Claims Tribunal |
NZCOP NZCJARS NZCAA NZDRT NZIACDT NZIEAA NZLCDT NZLLA NZSHD NZSCAA NZSAAA NZTRA NZTTOT NZVSC |
(iii) Tribunals adopting neutral citation from 1 January 2010 where the neutral citation will also include the district
In addition, the following tribunals will also adopt neutral citation from 1 January 2010. In the case of these tribunals, the district in which the decision was made will be included following the tribunal identifier and before the decision number.
|
Accident Compensation Appeal Authority Land Valuation Tribunal Motor Vehicle Disputes Tribunal Tenancy Tribunal Weathertight Homes Tribunal |
NZACC NZLVT NZMVT NZTT NZWHT |
The following are a selection of fictional case examples, given that neutral citation had not been adopted at the time of writing.
Eg Griffin v Accident Compensation Corporation [2010] NZACC Wellington 230.
Eg Peters v Taupo District Council [2010] NZLVT Rotorua 11.
Eg A v B [2008] NZMVDT Auckland 27.
Eg Baker v Jones [2010] NZTT Auckland 604.
Eg Simpson v Wellington City Council [2010] NZWHT Wellington 96.
(a) Judgment number
The judgment number follows the court identifier. Each judgment issued by the court is given a unique number.
So, for example, the 96th judgment issued by the Court of Appeal in 2008 would be cited as Craggy Range Vineyards Ltd v Campbell [2008] NZCA 96.