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
Malcom Alan Francis v The Queen
Case number
SC 70/2005
Summary
Criminal Law - alleged counsel error - whether the accused’s failure to give evidence at trial led to a miscarriage of justice - whether the admission of certain evidence at trial led to a miscarriage of justice.CA 186/03 7 July 2004
Result
Leave to appeal dismissed. 13 February 2006
Leave judgment - leave dismissed
FRANCIS V R SC 70/2005 13 February 2006 (PDF, 11 KB)
Judgment appealed from
Case name
Portage Licensing Trust v Avondale Hotel No 1 Limited & Peninsula Motor Hotel Limited
Case number
SC 71/2005
Summary
Civil appeal - whether the Court of Appeal erred in determining the proper basis for the implication of terms in a lease contract - whether the Court of Appeal's approach is consistent with its judgment in Vickery v Waitaki International Ltd [1992] 2 NZLR 58.CA 142/04 2 November 2005
Result
Leave to appeal dismissed. 1 March 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Jason John Cumming v The Queen
Case number
SC 72/2005
Summary
Criminal appeal - whether the Court of Appeal erred in holding an accused should be allowed to invoke right of self-representation where their decision was "fully informed and deliberate" whether the trial judges summing up and other interventions during the course of the trial led to a miscarriage of justice.CA 43/03 2 November 2005.
Result
Leave to appeal granted.
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
Date of hearing
19 October 2006
Judges
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ: substantive hearing: 28 February 2008
Media Releases
- mediarelease sc722005cummingvr 000 (PDF, 87 KB)
Court of Appeal decision
Leave judgment - leave granted
CUMMING V R SC 72/2005 [27 March 2006] (PDF, 12 KB)
Substantive judgment
CUMMING v R SC 72/2005 [15 May 2008] (PDF, 51 KB)
Case name
Waitakere City Council v Estate Homes Limited
Case number
SC 73/2005
Summary
Resource management - whether Court of Appeal erred in answering four questions of law - whether a subdivision consent application can be altered by the local authority, and granted subject to the alterations, as long as no prejudice arises to the applicant, other parties, or public - whether a consent can be granted subject to conditions more favourable than those applied for - whether Court of Appeal erred in finding that construction of road fell within s108(2)(c) RMA - whether Court of Appeal erred in finding that acquisition of centre part of road fell within s322(2)(a) Local Government Act 1974 - whether Court of Appeal erred in sending proceedings back to Environment Court.CA 210/04 11 November 2005
Result
Leave to appeal granted.
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
Transcripts
- Hearing date 11 July 2006 (PDF, 1.3 MB)
Media Releases
- waitakerecitycouncilmediarelease (PDF, 108 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Phillip Edward Crooks v R
Case number
SC 74/2005
Summary
Criminal law - inducing and indecent act and indecent assault on a girl under 14 years - whether Court of Appeal judgment factually flawed - whether Court of Appeal finding that evidence of grooming complainant a "highly relevant aggravating feature" unreasonable having regard to the evidence (s24 Sentencing Act 2002).CA 157/05 17 November 2005
Result
Leave to appeal dismissed. 20 March 2006
Leave judgment - leave dismissed
CROOKS V R SC 74/2005 [20 March 2006] (PDF, 15 KB)
Case name
Governors Ltd & Stephen Kevin Chamberlain v George Albert Anderson and others
Case number
SC 75/2005
Summary
Civil - business premises unlawfully re-entered by landlord - whether damages correctly assessed - whether Court of Appeal properly dismissed an application to produce further evidence, without allowing the applicants to be heardCA 94/04 19 December 2005
Result
Leave to appeal dismissed. 5 April 2006
Recall judgment
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Francis Urbani v Gillions and Sons Limited
Case number
SC 2/2004
Summary
Civil appeal - standard to be applied by Court of Appeal in appeals from findings of fact whether the Court of Appeal should evaluate the relevant evidence and reach and express its own conclusions. CA 56/03 1 April 2004
Result
Leave to appeal refused.
15 July 2004
_________________________
Decision on costs.
17 August 2004
15 July 2004
_________________________
Decision on costs.
17 August 2004
Transcripts
- Hearing date 13 July 2004 (PDF, 111 KB)
Court of Appeal decision
Leave judgment - leave dismissed
Additional document
Case name
Westfield (New Zealand) Limited and Northcote Mainstreet Incorporated v North Shore City Council and Discount Brands Limited
Case number
SC 4/2004 SC CIV 4/2004
Summary
Civil appeal - resource management - application for consent for non-complying activity - whether a decision to proceed on a non-notified basis is extraordinary - whether the correct standard of review of such a decision is to be in accordance with traditional Wednesbury principles - whether the cautionary approach discussed in Bayley v Manukau City Council (1999) NZLR 568 should be adopted in non-notification decisions - whether there was sufficient material before the Commissioners to enable them to conclude that the effects of the application would be more than de minimis. CA 30/04 14 June 2004.
Result
6 October 2004 Elias CJ; Tipping J Leave to appeal granted.
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
Transcripts
- Hearing date 6 - 8 December 2004 (PDF, 685 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Richard Prebble and Ken Shirley v Donna Awatere Huata
Case number
SC 9/2004 SC CIV 9/2004
Summary
Whether distortion of "the proportionality of political party representation in Parliament" in terms of s55D of the Electoral Act 1993 was properly limited to conduct which alters a party's relative voting strength through defection - whether the belief of the leaders of the Act party that Huata had acted so as to distort the proportionality of Parliament was a reasonable one - whether, and to what extent, the scope of judicial review is limited in the context of ss55A-55D of the Act. CA34/04 16 July 2004
Result
Leave to appeal granted.
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
Transcripts
- Hearing 5 October 2004 (PDF, 305 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Additional document
Case name
Vaughn Bennett v The Queen
Case number
SC 16/2004 CRI 16/2004
Summary
Criminal appeal against conviction and sentence for charges of manslaughter and supply of a Class B drug - appellant administered methadone to victim - when a witness may be allowed to refresh his/her memory from statements made to police - when and how a timeline may be presented to a jury - whether a sentence of ten years' imprisonment (with a six year non-parole period) was within the range available to the sentencing judge. CA457/03 23 September 2004
Result
Application for leave to appeal refused.
10 December 2004
10 December 2004
Leave judgment - leave dismissed
Judgment appealed from
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