Supreme Court case information
Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing.
Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.
All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.
Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.
23 December 2024
Case information summary 2024 (as at 23 December 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 23 December 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Peter John Hartley v The King
Case number
SC 16/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
MC (SC 17/2023) v Family Court at Manukau and Chief Executive of Oranga Tamariki | Ministry for Children
Case number
SC 17/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal against the High Court judgment (MC v Family Court at Manukau [2022] NZHC 870) is dismissed.
B The application for leave to appeal against the Court of Appeal judgment (MC (CA266/2022) v Manukau Family Court [2022] NZCA 571) is dismissed.
C The applicant must pay the second respondent costs of $2,500.
15 May 2023
B The application for leave to appeal against the Court of Appeal judgment (MC (CA266/2022) v Manukau Family Court [2022] NZCA 571) is dismissed.
C The applicant must pay the second respondent costs of $2,500.
15 May 2023
High Court decision
High Court decision
Leave judgment - leave dismissed
Case name
DFT v Auckland High Court, Attorney-General and New Zealand Law Society
Case number
SC 18/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay to each of the second and third respondents costs of $1,250.
17 May 2023
__________________________________________________________________
A The application for recall (DFT v Auckland High Court [2023] NZSC 57) is dismissed.
B The applicant must pay to each of the second and third respondents costs of $500.
29 June 2023
B The applicant must pay to each of the second and third respondents costs of $1,250.
17 May 2023
__________________________________________________________________
A The application for recall (DFT v Auckland High Court [2023] NZSC 57) is dismissed.
B The applicant must pay to each of the second and third respondents costs of $500.
29 June 2023
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
DFT v AUCKLAND HIGH COURT [2023] NZSC 78 [29 June 2023] (PDF, 191 KB)
Case name
James Hay Wallace v The King
Case number
SC 19/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The application for bail is dismissed.
21 March 2023
B The application for bail is dismissed.
21 March 2023
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
JAMES HAY WALLACE v R [2023] NZSC 24 [21 March 2023] (PDF, 51 KB)
Recall judgment
JAMES HAY WALLACE v R [2023] NZSC 55 [16 May 2023] (PDF, 209 KB)
Case name
Darnell Wilson Liai v The King
Case number
SC 20/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
1 February 2024
1 February 2024
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
DARNELL WILSON LIAI v R [2024] NZSC 2 [1 February 2024] (PDF, 173 KB)
Case name
Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage
Case number
SC 21/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Van Silfhout v Pathirannehelage [2023] NZCA 5).
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
_________________________________________________________________________
A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
_________________________________________________________________________
A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
Date of hearing
18 July 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing date 18 July 2023 Appellant's Submissions (PDF, 268 KB)
- Hearing date 18 July 2023 Secretary for Justice's Submissions (PDF, 1021 KB)
- Hearing date 18 July 2023 Joint Chronology (PDF, 68 KB)
Transcripts
- Hearing date 18 July Transcript (PDF, 449 KB)
Case Synopses
- Hearing date 18 July 2023 SC 21_2023 (PDF, 310 KB)
Media Releases
- MR [2023] NZSC 148 (PDF, 396 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Videos
- Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage (Recorded, 18 July 2023)
Case name
Tanya Felicity Dunstan v Emma Marion Gibbs
Case number
SC 22/2023
Summary
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
5 April 2023
B The applicant must pay the respondent costs of $2,500.
5 April 2023
Result
Civil Appeal - Application for leave to bring an appeal
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Shane Thompson v The King
Case number
SC 23/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
17 May 2023
17 May 2023
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
SHANE THOMPSON v R [2023] NZSC 59 [17 May 2023] (PDF, 169 KB)
Case name
S (SC 24/2023) v Attorney-General and District Court at Auckland
Case number
SC 24/2023
Summary
Civil Appeal - Application for leave to bring an appeal
______________________________________________________________
______________________________________________________________
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
18 July 2023
________________________________________________________________
A The application for recall of this Court’s judgment of 18 July 2023 (S (SC 24/2023) v Attorney-General [2023] NZSC 86) is dismissed.
B There is no order as to costs.
23 August 2023
B There is no order as to costs.
18 July 2023
________________________________________________________________
A The application for recall of this Court’s judgment of 18 July 2023 (S (SC 24/2023) v Attorney-General [2023] NZSC 86) is dismissed.
B There is no order as to costs.
23 August 2023
High Court decision
Leave judgment - leave dismissed
Supreme court decision
Case name
Elizabeth Maria Bolea v The King
Case number
SC 25/2023
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Bolea v R [2023] NZCA 39).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
22 June 2023
__________________________________________________
A The appeal is allowed.
B The conviction for participating in an organised criminal group is quashed.
C The application for a discharge without conviction is remitted to the High Court for reconsideration.
3 May 2024
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
22 June 2023
__________________________________________________
A The appeal is allowed.
B The conviction for participating in an organised criminal group is quashed.
C The application for a discharge without conviction is remitted to the High Court for reconsideration.
3 May 2024
Date of hearing
31 October 2023
Judges
Glazebrook, O'Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing date 31 October 2023 Appellant submissions (PDF, 2.4 MB)
- Hearing date 31 October 2023 Respondent submissions (PDF, 401 KB)
- Hearing date 31 October 2023 Respondent Oral Outline (PDF, 157 KB)
- Hearing date 31 October 2023 Appellant Oral Outline (PDF, 204 KB)
Transcripts
- Hearing date 31 October 2023 SC 25_2023 (PDF, 442 KB)
Case Synopses
- Hearing date 31 October 2023 (PDF, 444 KB)
Media Releases
- MR [2024] NZSC 46 (PDF, 539 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
ELIZABETH MARIA BOLEA v R [2023] NZSC 72 [22 June 2023] (PDF, 130 KB)
Substantive judgment
ELIZABETH MARIA BOLEA v R [2024] NZSC 46 [3 May 2024] (PDF, 301 KB)
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