3 CASES
3.1 DETERMINING HOW TO CITE A CASE
Cases should be cited in accordance with the rules provided in this part of the guide. To determine the correct citation format to use in a particular case, the following rules apply:
(a) If available, always use the official neutral citation (for both reported and unreported cases)
Neutral citations identify judgments independently of any report series, and cite only parties, year of judgment, court and judgment number.
Eg Erwood v Ministry of Social Development [2010] NZCA 619 at [35].
Neutral citations are given by the court issuing the judgment and usually appear on the first page of the judgment. They are a relatively recent innovation. They were adopted by the Supreme Court in 2005, the Court of Appeal in 2007 and the High Court in 2012. For further information concerning when other New Zealand courts and tribunals adopted neutral citations, see rules 3.3.3(b) and 3.3.3(c).
Where an official neutral citation is available, always use it to cite the case. If the case is unreported, give only the neutral citation in accordance with rule 3.3.
Eg North Shore City Council v Attorney-General [2010] NZSC 125.
If the case has an official neutral citation and has also been reported, cite the neutral citation followed by the citation to the report in accordance with rule 3.2. If the case is reported in multiple report series, give the citation to only the “best” report. The order of preference of report series is:
(1) official law reports (in New Zealand the official law reports are the New Zealand Law Reports); and
Eg AstraZeneca Ltd v Commerce Commission [2009] NZSC 92, [2010] 1 NZLR 297 at [29].
(2) unofficial law reports.
Eg Commerce Commission v Progressive Enterprises Ltd [2010] NZCA 374, (2010) 12 TCLR 736 at [38].
(b) If there is no official neutral citation, cite the best reported version of the judgment
If a case does not have an official neutral citation (see rules 3.3.3(b) and 3.3.3(c) for the dates when the various New Zealand courts and tribunals adopted neutral citations), cite to the reported version of the judgment in accordance with rule 3.2. If the case is reported in multiple report series, only give the citation to the “best” report. The order of preference of report series is:
(1) official law reports (in New Zealand the official law reports are the New Zealand Law Reports); and
Eg Hawkins v Minister of Justice [1991] 2 NZLR 530 (CA) at 534.
(2) unofficial law reports.
Eg Burrows v Rental Space Ltd (2001) 15 PRNZ 298 (HC) at [14].
(c) If there is no official neutral citation and the case is unreported, cite using the file number citation format
If a case does not have an official neutral citation (see rules 3.3.3(b) and 3.3.3(c) for the dates when the various New Zealand courts and tribunals adopted neutral citations) and is unreported, cite using the file number citation format in accordance with rule 3.4.
Eg Shell New Zealand Ltd v Porirua City Council CA57/05, 19 May 2005 at [5].
Eg Marlborough Lines Ltd v Takeovers Panel HC Wellington CIV-2010-485-1150, 12 October 2010 at [89].