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
Wayne Jones v The Queen
Case number
SC 13/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the persons called by the Crown to give evidence met the definition of “witness” in s 4 of the Evidence Act 2006 – Whether the trial Judge erred in allowing the Crown to call knowingly hostile witnesses.
Result
The application for leave to appeal is dismissed.
10 May 2018
10 May 2018
Court of Appeal decision
Leave judgment - leave dismissed
WAYNE JONES v R [2018] NZSC 44 [10 May 2018] (PDF, 197 KB)
Case name
John William Ross v The Queen
Case number
SC 14/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction – Whether the Court of Appeal erred in its application of s 122 of the Evidence Act 2006.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
30 April 2018
B The application for leave to appeal is dismissed.
30 April 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
JOHN WILLIAM ROSS v R [2018] NZSC 38 [30 April 2018] (PDF, 229 KB)
Case name
W v The Queen
Case number
SC 16/2018
Summary
Criminal Appeal – Whether trial counsel’s failure to follow applicant’s instructions was grounds for a mistrial – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed.
14 May 2018
14 May 2018
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
W (SC 16/2018) v R [2018] NZSC 46 [14 May 2018] (PDF, 203 KB)
Case name
Gavin Graham Jardine v The Queen
Case number
SC 20/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction and sentence – Whether the Court of Appeal erred in finding that there had not been an abuse of process
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
16 May 2018
B The application for leave to appeal is dismissed.
16 May 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
GAVIN GRAHAM JARDINE v R [2018] NZSC 47 [16 May 2018] (PDF, 195 KB)
Case name
Gregory David Waters v The Queen
Case number
SC 26/2018
Summary
Criminal Appeal – Whether the trial Judge’s failure to sum up the evidence caused a miscarriage of justice – Whether the trial Judge’ s failure to direct the jury under s 32 of the Evidence Act caused prejudice –Whether the Court of Appeal erred in dismissing the appeal against conviction
Result
The application for leave to appeal is dismissed
5 June 2018
5 June 2018
Court of Appeal decision
Leave judgment - leave dismissed
GREGORY DAVID WATERS v R [2018] NZSC 49 [5 June 2018] (PDF, 194 KB)
Case name
Thomas James Luke Olliver v The Queen
Case number
SC 28/2018
Summary
Criminal Appeal – Whether the trial judge’s direction was adequate to the newly formed jury was adequate – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed.
15 June 2018
15 June 2018
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Timothy Joseph Foley v The Queen
Case number
SC 29/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed. 21 June 2018
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
TIMOTHY JOSEPH FOLEY v R [2018] NZSC 57 [21 June 2018] (PDF, 192 KB)
Case name
Joseph Warren Lepper v The Queen
Case number
SC 32/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a sentence of preventive detention.
Result
The application for an extension of time to file an application for leave to appeal is dismissed. 26 June 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
JOSEPH WARREN LEPPER v R [2018] NZSC 58 [26 June 2018] (PDF, 197 KB)
Case name
Donny Falakoa v The Queen
Case number
SC 33/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not making a discrete allowance for mental health issues and remorse during sentencing – Whether there are exceptional circumstances justifying taking an appeal against conviction directly to this Court.
Result
The application for leave to appeal is dismissed.
31 July 2018
31 July 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
DONNY FALAKOA v R [2018] NZSC 65 [31 July 2018] (PDF, 191 KB)
Case name
Mark Robert Sandman v Colin Charles McKay, Roger David Cann and David John Clark
Case number
SC 35/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
Result
A Leave to appeal is granted (McKay v Sandman [2018] NZCA 103, [2018] NZAR 707).
B The approved question is whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
7 August 2018
________________________
A The appeal is dismissed.
B Costs of $25,000 plus usual disbursements are awarded to the respondents.
16 April 2019
B The approved question is whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
7 August 2018
________________________
A The appeal is dismissed.
B Costs of $25,000 plus usual disbursements are awarded to the respondents.
16 April 2019
Transcripts
- Hearing date 12 November 2018 (PDF, 568 KB)
Media Releases
- MR [2019] NZSC 55 (PDF, 286 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
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