(a) Round or square brackets
Law reports may be organised by year or volume number.
If the law report is organised by year, the year in which the case is reported is enclosed in square brackets. This may not be the year in which the case was decided.
Eg Boat Park Ltd v Hutchinson [1999] 2 NZLR 74 (CA).
If the law report is organised by volume number, the year in which the case was decided is enclosed in round brackets. Where a case was heard in one year but the judgment was delivered in another, use the year the judgment was delivered. When citing from a law report organised by volume number, give the year the case was decided even if the law report recommends giving the year in which the judgment was reported.
Eg R v Connolly [2008] NZCA 548, (2008) 24 NZTC 23,305.
NOT R v Connolly [2008] NZCA 548, (2009) 24 NZTC 23,305.
When a case has an official neutral citation and is published in a report series organised by volume number, include the year in both the neutral and report citation.
Eg Trustees Executors Ltd v QBE Insurance (International) Ltd [2011] NZCA 53, (2011) 20 PRNZ 253 at [8].
(b) Change in law report structure
Some law reports have changed from being organised by volume number to being organised by year. In such instances, cite cases in accordance with the organisation of the report series at the time the case was reported.
The main New Zealand report series to change report structure are set out below.
(i) New Zealand Law Reports
Until 1916, the New Zealand Law Reports (NZLR) were organised by volume number and not year.
Volumes 1–5
Volumes 1 to 5 of the NZLR contain two separately numbered and separately paged parts. Court of Appeal cases appear first, followed by Supreme Court cases. Accordingly, cite cases in volumes 1 to 5 as follows:
|
Element |
Case name |
Year |
Volume number |
Report series |
Court abbrev |
Starting page |
|
Example |
Gray v Gray |
(1887) |
5 |
NZLR |
CA |
111 |
Eg Gray v Gray (1887) 5 NZLR CA 111.
Do not give the court abbreviation in brackets. It is an integral part of the citation as it distinguishes between cases that would otherwise have the same page number.
It is not necessary to include a court identifier at the end of the citation for cases in volumes 1 to 5.
Eg Williams v The Mayor and Corporation of the City of Wellington (1881) 3 NZLR CA 210.
Eg Zohrab v Fuller (1884) 3 NZLR SC 210.
Volumes 6–34
In volumes 6 to 34, decisions of the Supreme Court and Court of Appeal are mixed within the volumes. Accordingly, cite volumes 6 to 34 in the ordinary way for law reports organised by volume number.
Eg Schnauer v The Congregational Union of New Zealand (1893) 12 NZLR 66 (SC).
1916– (Volumes 35–)
From 1916 onwards, the NZLR have been organised by year and not volume number. Despite this, some copies of the report have volume numbers printed on the spines of volumes after 1915. Nevertheless, cite all cases from 1916 (or volume 35) onwards by year.
Eg Round v Todd Motor Co [1926] NZLR 495 (SC).
NOT Round v Todd Motor Co (1926) 45 NZLR 495 (SC).
Since 1973 more than one volume of the NZLR has been published each year (except for 1983) so a volume number must also be included.
Eg Waitemata Electric Power Board v King Builders Ltd [1992] 3 NZLR 357 (HC).
(ii) Gazette Law Reports
Prior to 1916, the Gazette Law Reports (GLR) were organised by volume number. Accordingly, cite volumes 1 to 17 in the ordinary way for law reports organised by volume number.
Eg Battersby v Wheatley (1914) 17 GLR 204 (CA).
From 1916 to 1953, the GLR were organised by year and are cited in the ordinary way for law reports organised by year.
Eg R Harding and Co Ltd (in liq) v Hamilton [1929] GLR 225 (CA).
(iii) New Zealand Administrative Reports
Prior to 1990, the New Zealand Administrative Reports (NZAR) were organised by volume number. Accordingly, cite volumes 1 to 7 in the ordinary way for law reports organised by volume number.
Eg Accident Compensation Corporation v New Zealand Society of Physiotherapists (1988) 7 NZAR 421 (CA).
From 1991, the NZAR have been organised by year and are cited in the ordinary way for law reports organised by year.
Eg Apple Fields Ltd v New Zealand Apple and Pear Marketing Board [1991] NZAR 145 (PC).
(iv) District Court Reports
Prior to 1988, the District Court Reports (DCR) were organised by volume number. Accordingly, cite volumes 1 to 3 in the ordinary way for law reports organised by volume number.
Eg Ministry of Transport (MOT) v Kotare Travel Service Ltd (1981) 1 DCR 238.
From 1988, the DCR have been organised by year and are cited in the ordinary way for law reports organised by year.
Eg Grimshaw v Mehta [2008] DCR 803.