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.
11 July 2024
Case information summary 2024 (as at 5 July 2024) – Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
John Archibald Banks v The Queen
Case number
SC 41/2017
Summary
Criminal Appeal – Costs in Criminal Cases Act 1967, s 5 – Whether the Court of Appeal and High Court erred in declining to award costs to the applicant following his acquittal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondent of $2,500.
28 June 2017
B The applicant must pay costs to the respondent of $2,500.
28 June 2017
High Court decision
Leave judgment - leave dismissed
JOHN ARCHIBALD BANKS v R [2017] NZSC 98 28 June 2017 (PDF, 84 KB)
Judgment appealed from
Case name
Mathew Ngatai Te Moanaui v The Queen
Case number
SC 42/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation of s 202C of the Crimes Act 1961.
Result
The application for leave to appeal is dismissed.
20 June 2017
20 June 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tony Douglas Robertson v The Queen
Case number
SC 43/2017
Summary
Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.
Result
The application for an extension of time to file the application for leave is granted.
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Michael John Denney v The Queen
Case number
SC 44/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal.
Result
The application for leave to appeal is dismissed.
9 June 2017
9 June 2017
Leave judgment - leave dismissed
MICHAEL JOHN DENNEY v R [2017] NZSC 85 9 June 2017 (PDF, 71 KB)
Judgment appealed from
Case name
Bruce James Spittle v The Queen
Case number
SC 47/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its determination that the verdict of the jury in the applicant’s trial was not unreasonable having regard to the evidence.
Result
The application for leave to appeal is dismissed. 6 July 2017
District Court decision
Not publicly available
Leave judgment - leave dismissed
BRUCE JAMES SPITTLE v R [2017] NZSC 105 6 July 2017 (PDF, 80 KB)
Judgment appealed from
Case name
Wayne Thomas Patterson v The Queen
Case number
SC 48/2017
Summary
Criminal Appeal – Sentencing Act 2002 – Special release conditions – Whether Sentencing Act authorises a court to confer a power of search on a probation officer – Whether conditions imposed reasonable and proportional in the circumstances.
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Dennis Rangiaho Hohua v The Queen
Case number
SC 59/2017
Summary
Criminal Appeal – Evidence Act 2006, ss 37 and 44 – Whether the Courtof Appeal was correct to uphold the trial Judge’s ruling that evidence of anallegedly false prior complaint by the complainant was inadmissible at trial.
Result
The application for leave to appeal is dismissed.
22 August 2017
22 August 2017
Leave judgment - leave dismissed
District Court decision
Not publicly available
Judgment appealed from
Case name
Viliami One Fungavaka v The Queen
Case number
SC 60/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether charge under-particularised – Whether summing up defective – Whether Abdula v R [2011] NZSC 130, [2012] 1 NZLR 534 applied correctly.
Result
The application for leave to appeal is dismissed.
16 August 2017
16 August 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Eli Devoy v The Queen
Case number
SC 64/2017
Summary
Criminal Appeal – Whether the High Court Judge erred in imposing a minimum period of imprisonment of at least one half of the sentence of five years’ imprisonment – Whether the Court of Appeal erred in dismissing the conviction appeal.
Result
The application for leave to appeal is dismissed. 6 November 2017
District Court decision
Not publicly available
Leave judgment - leave dismissed
ELI DEVOY v R [2017] NZSC 164 [6 November 2017] (PDF, 63 KB)
Judgment appealed from
Case name
Akuhatua Tihi v The Queen
Case number
SC 66/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether there was a breach of s 32 of the Evidence Act 2006 leading to a miscarriage of justice.
Result
The application for leave to appeal is dismissed.
21 September 2017
21 September 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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