3.4 Unreported cases - file number citation (Supreme Court and Court of Appeal)
When citing an unreported Supreme Court or Court of Appeal decision that does not have a neutral citation, use the following format:
|
Element |
Case name |
File number |
Date of judgment |
Pinpoint |
|
Example |
R v Reekie |
CA339/03, |
3 August 2004 |
at [35] |
|
Rule |
Eg R v Reekie CA339/03, 3 August 2004 at [35].
(a) Supreme Court
Supreme Court judgments delivered in 2004 were not given neutral citations. Cite them in accordance with this rule.
(b) Court of Appeal
Court of Appeal judgments delivered before 2007 were not given neutral citations. Also cite them in accordance with this rule.
(a) As above
Give 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) Supreme Court
The format of Supreme Court file numbers for civil cases in 2004 was "SC CIV [case number]/2004".
Eg Chirnside v Fay SC CIV 7/2004, 26 August 2004.
The format of Supreme Court file numbers for criminal cases in 2004 was "SC CRI [case number]/2004".
Eg R v Palmer SC CRI 13/2004, 12 October 2004.
(b) Court of Appeal
The Court of Appeal uses the same file number format for both civil and criminal cases, namely "CA[case number]/[last two digits of the year the case was filed in]". Do not use a space between "CA" and the file number and year.
Eg R v Albert CA429/01, 14 March 2002.
Eg Pauling v Williams CA69/00, 18 August 2000.
Prior to 2007, the Court of Appeal used two different sets of file numbers, one for criminal appeals and one for civil. Accordingly, a criminal and civil case may share the same file number.
Eg R v Brown CA111/06, 26 July 2006.
Eg Fava v Zaghloul CA111/06, 26 September 2006.
(c) Multiple numbers
When a case has multiple file numbers, only include the first number in the citation.
Eg R v Te Kahu CA492/04, 28 September 2005.
NOT R v Te Kahu CA492/04 CA509/04 CA512/04, 28 September 2005.
(d) Comma
Include a comma after the file number to separate it from the date of judgment.
Eg Haines v Carter CA286/99, 21 December 2000.
(a) Date of judgment
The date of judgment follows the file number. Write the month out in full without abbreviations and give all four digits of the year.
Where judgment and reasons for judgment are given separately, give the date of judgment, not the date on which the reasons were subsequently given. If context requires, it may be necessary to state the date on which the reasons were given as well.