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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.

24 June 2024

Case information summary 2024 (as at 21 June 2024) –  Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024)  – Cases where leave to appeal decision not yet made (PDF, 125 KB)

All years

Case name
Fei He v The Queen
Case number
SC 117/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
25 March 2021
Court of Appeal decision
HE v R [2020] NZCA 591 [26 November 2020]
Leave judgment - leave dismissed
FEI HE v R [2021] NZSC 29 [25 March 2021] (PDF, 143 KB)
Case name
R (SC 1/2019) V The Queen
Case number
SC 1/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A The application for leave to appeal is granted (R (CA158/2018) v R [2018] NZCA 529.
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
_________________________
The appeal is dismissed.
16 August 2019
Transcripts
Media Releases
District Court decision
Not publicly available
Court of Appeal decision
R (CA158/2018) v R [2018] NZCA 529 [27 November 2018]
Leave judgment - leave granted
R (SC 1/2019) v R [2019] NZSC 10 [21 February 2019] (PDF, 180 KB)
Substantive judgment
R (SC 1/2019) v R [2019] NZSC 87 [16 August 2019] (PDF, 127 KB)
Case name
Caleb Afamasaga v The Queen
Case number
SC 5/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in analysing the prejudicial effect of text messages produced at trial – Whether that error was a miscarriage of justice
Result
The application for an extension of time to make an application for leave to appeal is dismissed.
27 February 2019
High Court decision
Not publicly available
Court of Appeal decision
AFAMASAGA V R, MAKALIMA V R AND BANABA V R [2015] NZCA 615 [18 December 2015]
Leave judgment - leave dismissed
CALEB AFAMASAGA v R [2019] NZSC 16 [27 February 2019] (PDF, 191 KB)
Case name
Richard Lyall Genge v The Queen
Case number
SC 6/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining the application to withdraw the notice of abandonment and bring an appeal out of time.
Result
The application for leave to appeal is dismissed.
3 April 2019
High Court decision
Not publicly available
Court of Appeal decision
GENGE v R [2017] NZCA 466 [18 October 2017] 
Leave judgment - leave dismissed
RICHARD LYALL GENGE v R [2019] NZSC 35 [3 April 2019] (PDF, 41 KB)
Case name
Rene Mischelle de Kwant v The Queen
Case number
SC 8/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a sentence of preventive detention.
Result
The application for leave to appeal is dismissed
24 July 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
RENE MISCHELLE DE KWANT v R [2019] NZSC 79 [24 July 2019] (PDF, 41 KB)
Case name
Matthew John Young v The Queen
Case number
SC 16/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
The application for leave to appeal is dismissed.
6 December 2019
District Court decision
Not publicly available
Court of Appeal decision
YOUNG v R [2018] NZCA 604 [18 December 2018]
Leave judgment - leave dismissed
MATTHEW JOHN YOUNG v R [2019] NZSC 137 [6 December 2019] (PDF, 44 KB)
Case name
Brooke Christie Rolleston v The Queen
Case number
SC 17/2019
Summary
Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019
_________________________
A  The application to cross-examine the foreperson is dismissed.
B  The appeals are dismissed.
C  Existing suppression orders in respect of the minutes issued in relation to this matter remain in place but are varied to continue until further order of this Court.                                                                                                                             
19 November 2019
Date of hearing
13 November 2019
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
Media Releases
District Court decision
Not publicly available
Court of Appeal decision
ROLLESTON & ROCHE v R [2018] NZCA 611 [19 December 2018]
Leave judgment - leave granted
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 32 [21 March 2019] (PDF, 30 KB)
Supreme Court - order made
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 61 [26 June 2019] (PDF, 148 KB)
Additional document
Transcript hearing date 13 November 2019
Substantive judgment
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 129 [19 November 2019] (PDF, 36 KB)
Additional document
BROOKE CHRISTIE ROLLESTON v R [2020] NZSC 113 (reasons) [19 October 2020] (PDF, 384 KB)
Additional document
Media Release BROOKE CHRISTIE ROLLESTON v R [2020] NZSC 113 [19 October 2020] reasons (PDF, 190 KB)
Case name
Brandon James Roche v The Queen
Case number
SC 18/2019
Summary
Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019
____________________
A  The application to cross-examine the foreperson is dismissed.
B  The appeals are dismissed.
C  Existing suppression orders in respect of the minutes issued in relation to this matter remain in place but are varied to continue until further order of this Court.
19 November 2019
Date of hearing
13 November 2019
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
Media Releases
District Court decision
Not publicly available
Court of Appeal decision
ROLLESTON & ROCHE v R [2018] NZCA 611 [19 December 2018]
Leave judgment - leave granted
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 32 [21 March 2019] (PDF, 30 KB)
Supreme Court - order made
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 61 [26 June 2019] (PDF, 148 KB)
Substantive judgment
BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 129 [19 November 2019] (PDF, 36 KB)
Additional document
Transcript hearing 30 November 2019
Additional document
BROOKE CHRISTIE ROLLESTON v R (reasons) [2020] NZSC 113 [19 October 2020] (PDF, 384 KB)
Additional document
Media release BROOKE CHRISTIE ROLLESTON v R (reasons) [2020] NZSC 113 [19 October 2020] (PDF, 190 KB)
Case name
Robert John Solomon Grace v The Queen
Case number
SC 19/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction and sentence.
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
12 June 2019
Leave judgment - leave dismissed
ROBERT JOHN SOLOMON GRACE v R [2019] NZSC 56 [12 June 2019] (PDF, 201 KB)
Court of Appeal decision
GRACE v R [2018] NZCA 254 [16 July 2018]
High Court / District Court judgment
Not publicly available
Case name
Paora Tahau v The Queen
Case number
SC 20/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the conviction verdict of the jury was not unreasonable nor inconsistent with its acquittal verdicts.
Result
A An extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
3 May 2019
District Court decision
Not publicly available
Court of Appeal decision
TAHAU v R [2018] NZCA 538 [30 November 2018]
Leave judgment - leave dismissed
PAORA TAHAU v R [2019] NZSC 44 [3 May 2019] (PDF, 36 KB)
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