The Court also commented on the question of whether it is bound by Privy Council decisions in New Zealand cases ("this Court is still bound by existing Privy Council decisions made in respect of appeals from New Zealand (including the transitional phase) unless and until the Supreme Court overrules them") and Privy Council decisions from other jurisdictions ("[a]ny decisions of the Privy Council with regard to jurisdictions made after the advent of the Supreme Court will of course be of persuasive value only"). ("hat-tip" to Geoff McLay for the case)
This Court has recognised that it is ordinarily bound by its earlier decisions but that it will, in rare cases, be prepared to review and affirm, modify, or overrule an earlier decision… [W]e do not consider the creation of the Supreme Court as our final court of appeal should lead to any change in the way in which this Court approaches its earlier decision.
2 December 2005
Stare decisis in New Zealand - the Court of Appeal
R v Chilton Yesterday, the Court of Appeal in R v Chilton reconsidered but affirmed its previous position on whether it can overturn its previous decisions: