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
Jason David Signal v The Queen
Case number
SC 58/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
9 September 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Michael Richard Smith v The Queen
Case number
SC 59/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for bail is dismissed.
10 September 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Tyrone Wayne Underhill and Kane Joseph Underhill v Coca-Cola Amatil (NZ) Limited
Case number
SC 60/2020
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 is granted.
B The application for leave to appeal is dismissed.
C There is no order as to costs.
30 September 2020
Case name
Ross Easton Barber v New Zealand Police
Case number
SC 61/2020
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.
15 October 2020
District Court decision
Not publicly available
High Court decision
Not publicly available
Case name
Asher Pradeepkumar Ratnam v The Queen
Case number
SC 62/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
7 October 2020
District Court decision
Not publicly available
Leave judgment - leave dismissed
Case name
Brownie Joseph Harding v The Queen
Case number
SC 63/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal against conviction is dismissed (Harding v R [2019] NZCA 259).
C The application for leave to appeal against sentence is granted (Harding v R [2020] NZCA 217). The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
D The Registrar is to set down the appeal against sentence to be heard together with the appeal against sentence in Berkland v R [2020] NZSC 125.
17 November 2020
Case name
Brownie Joseph Harding v The King
Case number
SC 64/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal against conviction is dismissed (Harding v R [2019] NZCA 259).
C The application for leave to appeal against sentence is granted (Harding v R [2020] NZCA 217). The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
D The Registrar is to set down the appeal against sentence to be heard together with the appeal against sentence in Berkland v R [2020] NZSC 125.
17 November 2020
________________________________________________________________
A Mr Berkland’s appeal in SC 40/2020 is allowed. His sentence of 12 years and nine months’ imprisonment, together with a 50 per cent MPI, is quashed, and a sentence of eight years and eight months’ imprisonment is substituted.
B Mr Harding’s appeal in SC 64/2020 is allowed. His sentence of 28 and a half years is quashed, and a new sentence of 21 years is substituted. There is no adjustment to the MPI.
7 December 2022
Date of hearing
23 March 2021
Judges
Winkelmann CJ, William Young, Glazebrook, Ellen France and Williams JJ
Transcripts
Case Synopses
Media Releases
Leave judgment - leave granted
Case name
Robert Frank Terry v New Zealand Police
Case number
SC 65/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Ernest Smith v The Queen
Case number
SC 66/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
7 October 2020
High Court decision
Not publicly available
Leave judgment - leave dismissed
Case name
Daniel Clinton Fitzgerald v The Queen
Case number
SC 67/2020
Summary
Criminal Appeal
Result
A The application for leave to appeal is granted in part (Fitzgerald v R [2020] NZCA 292).
B The approved question is whether the Court of Appeal was correct to find that s 106 of the Sentencing Act 2002 does not apply to Mr Fitzgerald.
C The application for leave to appeal is otherwise dismissed.
D The application to amend the applicant’s notice of application for leave to appeal is dismissed.
3 November 2020
_______________________________________________________
A The appeal against conviction is dismissed.
B The appeal against sentence is allowed. The proceeding is remitted to the High Court for re-sentencing.
7 October 202
Date of hearing
23 February 2021
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ