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
Jamie Ronaki Kissling V The Queen
Case number
SC 42/2008
Summary
Criminal – Appeal – Challenge to mandate and jurisdiction of New Zealand Courts in criminal matters – Whether lower Court correct to refuse application for transfer of case to tribal or customary courts of the Te One One tribes.CRI 2006-070-6764 10 April 2008
Leave judgment - leave dismissed
KISSLING v R SC 42/2008 [21 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
21 August 2008
21 August 2008
Case name
Tareq Abdel Rahim Zaiton v The Queen
Case number
SC 43/2008
Summary
Criminal appeal – whether a miscarriage of justice has occurred under s 385(1)(c) of the Crimes Act 1961 – at a previous trial, the complainant had made identifications relating to one charge – the prosecution did not disclose the identifications to the defence until the second trial – whether the Court of Appeal erred in finding that no miscarriage resulted from the Crown’s failure to disclose the information until that point.[2008] NZCA 189 CA 368/07 26 June 2008
Leave judgment - leave dismissed
ZAITON V R SC 43/2008 [20 October 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
20 October 2008.
Case name
Thornton Estates Limited v Cavell Leitch Pringle & Boyle
Case number
SC 44/2008
Summary
Civil – Breach of fiduciary duty – Breach of duty of care – Negligence – Whether the Court of Appeal erred in finding that there was no basis to intervene to remedy a breach of a fiduciary duty – Whether the Court of Appeal was wrong to find that there is no breach of duty or negligence where a solicitor fails to provide in a contract for passing of risk where the contract provides for a passing of risk when there is a transfer of property – Whether the Court of Appeal was correct in finding that there was no breach of duty by the respondent when it failed to give advice to the appellant on the passing of risk.[2008] NZCA 191 CA 500/07 27 June 2008
Leave judgment - leave granted
Dates
Notice of Abandonment being lodged, the appeal is deemed to be dismissed.
2 February 2009
Case name
R v The Queen
Case number
SC 45/2008
Summary
Criminal appeal – alleged miscarriage of justice in terms of s 385(1)(c) of the Crimes Act 1961 – appellant found guilty on six representative counts alleging sexual offending against the complainant – whether the fact that evidence from several potential witnesses was not put before the jury at the trial and the fact that the trial Judge refused to discharge the jury after the complainant made contact with members of the jury have resulted in a miscarriage of justice.[2008] NZCA 196 CA 32/07 30 June 2008
Leave judgment - leave dismissed
R v R SC45/2008 [8 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
8 October 2008
8 October 2008
Case name
Duane Charles Brendon Paul Burgess v The Queen
Case number
SC 46/2008
Summary
Criminal Appeal – appeal against conviction – sexual assault – miscarriage of justice – whether the Court of Appeal correctly analysed the evidence – whether there was sufficient time for the applicant to have committed the offence.
Leave judgment - leave dismissed
BURGESS v R SC 46/2008 [14 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
14 October 2008.
14 October 2008.
Case name
Pranfield Holdings Limited and United Fisheries Limited v Minister of Fisheries and others
Case number
SC 47/2008
Summary
Civil Appeal – Commercial fishing – Licence and quota management system – Misfeasance in Public Office – Whether Court of Appeal correctly applied Garrett v Attorney-General [1997] 2 NZLR 332 – Breach of Statutory Duty – Fisheries Act 1983, s 63 – Whether Court of Appeal adopted correct approach toward exercise of discretion under Fisheries Act 1983 – Negligence – Whether Court of Appeal erred in finding no duty of care breached – New Zealand Bill of Rights Act 1990, s 27 – Whether Court of Appeal erred in finding s 27 not engaged – Fisheries Act 1996, ss 308 and 329 – Whether Court of Appeal erred in holding Applicant’ s claims for damages and in tort barred by statute.[2008] NZCA 216 CA 48/07 CA 56/07 10 July 2008
Leave judgment - leave dismissed
Dates
Applications for leave to appeal dismissed.
Costs $2500.00 and disbursements to the respondents
Costs $2500.00 and disbursements to the respondents
Case name
Michael Spackman v The Queenstown Lakes District Council and others
Case number
SC 48/2008
Summary
Civil resource management applicant sought judicial review of Councils decision to grant resource consent for neighbouring subdivision into four lots error conceded at trial relief granted in the form of revoked approval for one lot and restriction on consent notice for another applicant appealed form of relief Whether the Court of Appeal erred in making allegedly contradictory findings and relying on those findings when deciding whether to grant relief in favour of the applicant whether the Court of Appeal erred when deciding that various discretionary factors overcame the applicant's right to be heard again in respect of the whole subdivision application for leave to appeal out of time[2008] NZCA 234 CA 193/07 11 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs of $2000 to both the first and second respondents.
24 October 2008
Case name
David McAlister v Air New Zealand Limited
Case number
SC 49/2008
Summary
Civil – Employment Relations Act 2000 – whether the Court of Appeal erred in finding that the demotion of the appellant as flight instructor did not breach a prohibited ground of discrimination, namely his age, in terms of s 104(1) of the Act – whether the Court of Appeal erred in finding that flight instructors under the age of 60 and performing the same work as the appellant were not a relevant comparator group for the purposes of ss 104(1)(a) and (b) of the Act – whether the Court of Appeal erred in holding that being of a particular age was a genuine occupational qualification for the appellant’s employment as a flight instructor in terms of s 30(1) of the Human Rights Act 1993.[2008] NZCA 264 CA 216/07 30 July 2008
Transcripts
- Hearing 25 and 26 March 2009 SC 49/2008 (PDF, 530 KB)
Media Releases
- MR [2009] NZSC 78 (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Shane Huia Matenga v The Queen
Case number
SC 50/2008
Summary
Criminal appeal – Crimes Act 1961 s 385(1) – applicant was convicted of rape and unlawful sexual connection – at trial, inadmissible expert opinion evidence was given as to the central issue of consent – on appeal, the Court of Appeal held that, while there was a risk of a miscarriage of justice under s 385(1)(c), the proviso should be applied as no substantial miscarriage of justice had actually occurred – whether the Court of Appeal applied the correct principles in deciding to apply the proviso – whether the finding that there was a risk of a miscarriage of justice is incompatible with the holding that no substantial miscarriage of justice had actually occurred.[2008] NZCA 260 CA 216/07 28 July 2008
Leave judgment - leave granted
MATENGA v R SC 50/2008 [20 October 2008] (PDF, 12 KB)
Dates
Application for leave to appeal granted.
20 October 2008.
20 October 2008.
Result
Appeal allowed. New Trial ordered.
13 March 2009.
Case name
Woolworths Limited v The Commerce Commission and others
Case number
SC 51/2008
Summary
Civil Appeal – section 66 Commerce Act 1986 – acquisitions that will have or are likely to have the effect of substantially lessening competition – whether Court of Appeal erred in its approach to giving clearance under s 66 – whether clearance can be declined on the grounds that it is uncertain whether the acquisition will cause a substantial lessening of competition – whether the approach to be adopted by the Court in s 66 cases is different to the balance of probabilities approach used in ordinary civil cases – whether the Court of Appeal was correct to take an approach to the term ‘likely’ which extended to scenarios that were merely possible or speculative – whether ‘substantial’ effects on competition include effects that are merely nominal or ephemeral – if Court of Appeal test was correct, whether Court of Appeal should have referred case back to High Court to apply correct test – whether Court of Appeal had proper regard to all the evidence when applying s 66.[2008] NZCA 276 CA 55/2008 1 August 2008
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
17 October 2008.
17 October 2008.
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