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
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Frank Louis Miessen v The Queen
Case number
SC 59/2006
Summary
Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence – admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution. CA 222/05 6 July 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
MIESSEN V R SC 59/2006 [26 September 2006] (PDF, 15 KB)
Case name
Deo Dhatt Sharma v The Queen
Case number
SC 60/2006
Summary
Criminal – appeal against assault convictions – whether acknowledged failure of natural justice and inadequate answer to jury question on one assault count tainted verdicts on other counts – whether Court of Appeal erred in applying proviso in s 385(1) Crimes Act 1961 to dismiss appeals relating to other counts – whether Court of Appeal entitled to apply the proviso in breach of right to fair trial affirmed in s 25(a) New Zealand Bill of Rights Act 1990 – obligations of trial Judge in ensuring fair trial for unrepresented accused.
Result
Application for leave to appeal dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
SHARMA v R SC 60/2006 [2 October 2006] (PDF, 16 KB)
Case name
Yi Hua Jiao and others v Ivan Barge
Case number
SC 61/2006
Summary
Civil appeal – dispute concerning sale and purchase of commercial property – appellant found to have committed tort of inducing breach of contract and tort of an unlawful means conspiracy – whether errors of fact and/or law were made by the Court of Appeal with respect to the validity of a sale and purchase agreement.CA 236/05 19 July 2006
Result
Application for leave to appeal dismissed. Costs t0 Respondent of $2,500. Application for leave to adduce further evidence is dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Keith Hugh Nicholas Berryman and Margaret Berryman v The New Zealand Defence Force
Case number
SC 62/2006
Summary
Civil – costs award – whether Court of Appeal erred in finding an allegation of misconduct against a non-party was irrelevant to a costs order – allegation against armed forces of negligence in the construction of the applicants’ bridge – allegation that armed forces have abused the process of the Court – applicants held not to be entitled to documents sought in application for non-party discovery – costs principles. CA 95/05 13 July 2006
Result
Application for leave to appeal dismissed.
31 October 2006
31 October 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Steven Samuels v The Proprietors of Matauri X Incorporation
Case number
SC 63/2006
Summary
Civil – Te Ture Whenua Maori Act 1993 – direct appeal from Maori Appellate Court – validity of shareholders’ resolution to amend objects and powers of Incorporation to empower it to give effect to settlement with creditors – existence of mandate and validity of constitution of Incorporation – whether notice of shareholders’ meeting to non shareholder owners, their whanau and hapu required – whether Maori Appellate Court erred in finding that “implied demand” for poll voting process by any 5 persons present at meeting sufficient for compliance with s 275(5) . Maori Appellate Court - Appeal 2006/6 20 July 2006
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Substantive judgment
Leave judgment - leave dismissed
Case name
Tania Joy Lamb v Massey University
Case number
SC 64/2006
Summary
Civil –judicial review of decisions in respect of appellant’ s training for primary teaching – allegation that conduct of respondent and High Court Judge impacted negatively on case – whether High Court failed to take into account relevant material – whether breach of natural justice by the respondent in excluding the applicant from study.High Court Palmerston North 19 October 2004
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Leave judgment - leave dismissed
Case name
Michael John Jones v The Queen
Case number
SC 65/2006
Summary
Criminal – defendant pleaded guilty on arraignment to counts of assault with a weapon and threatening to kill – whether Court of Appeal erred in dismissing appeal against conviction on the ground of undue delay. CA 27/06 25 July 2006
Result
10 October 2006
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Judgment appealed from
Case name
Darryl Shane Wilson v The Queen
Case number
SC 66/2006
Summary
Criminal appeal – appeal against sentence – whether application of sentencing guidelines in R v Taueki [2005] 3 NZLR 372 to offending which took place before the issue of that decision is contrary to the prohibition on retrospective increases in penalty in s 25(g) of the New Zealand Bill of Rights Act, s 6(1) of the Sentencing Act 2002, various international covenants, and/or good sentencing practice/fairness.CA 334/05 31 July 2006
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Leave judgment - leave dismissed
WILSON V R SC 66/2006 [18 October 2006] (PDF, 19 KB)
Case name
Kahala Holdings Limited (formerly Nalder & Biddle (Nelson) Limited v C & F Fishing Ltd
Case number
SC 67/2006
Summary
Civil – contract – incorporation of exclusion clauses – whether Court of Appeal erred in finding clauses had not been sufficiently brought to the attention of the respondent – whether Court of Appeal erred in effectively applying a two-stage test to the incorporation of the conditions in question – whether conditions were unusual or onerous in the circumstances. CA 145/05 31 July 2006
Result
Applications for leave to appeal and cross appeal dismissed.
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Leave judgment - leave dismissed
Judgment appealed from
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