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
Michael Marino v The Chief Executive of the Department of Corrections
Case number
SC 35/2016
Summary
Civil Appeal – Application for habeus corpus – Whether the Court of Appeal erred in its interpretation of ss 91(1) and 90(2) of the Parole Act 2002.[2016] NZCA 117 CA 129/2016
Result
A Leave to appeal is granted (Marino v The Chief Executive of the Department of Corrections [2016] NZCA 133).
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?
6 May 2016
______________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’ s appeal is dismissed.
22 September 2016
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?
6 May 2016
______________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’ s appeal is dismissed.
22 September 2016
Transcripts
- Hearing date 6 July 2016 (PDF, 372 KB)
- Hearing date 26 July 2016 (PDF, 416 KB)
Media Releases
- MR [2016] NZSC 127 (PDF, 255 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Cecilia Victoria Uhrle v The Queen
Case number
SC 38/2016
Summary
Criminal Appeal – Evidence Act 2006, s 66(2) – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge’s direction to the jury incorrectly conflated foresight and intention in terms of common purpose liability under s 66(2). [2015] NZCA 412 CA265/2013
Result
The application for leave to appeal is dismissed.
13 June 2016.
13 June 2016.
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wayne James Bracken v The Queen
Case number
SC 40/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in concluding that the trial Judge’s directions were adequate – Whether the Court of Appeal erred in concluding that the trial was not unfair. [2016] NZCA 79 CA785/2012
Result
The application for leave to appeal is dismissed.
13 September 2016
13 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Mrinal Sardana v The Queen
Case number
SC 41/2016
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding that the jury’s verdict was not unreasonable – Whether Court of Appeal erred in finding no risk that outcome of trial was affected by error – Whether Court of Appeal erred in finding that the sentence was not manifestly excessive. [2016] NZCA 138 CA508/2015
Result
The application for leave to appeal is dismissed.
1 November 2016
1 November 2016
Leave judgment - leave dismissed
MRINAL SARDANA v R [2016] NZSC 142 1 November 2016 (PDF, 66 KB)
Judgment appealed from
Case name
H v The Queen
Case number
SC 49/2016
Summary
Criminal appeal – Whether the trial Judge erred in his directions to the jury with respect to reliability, the standard of proof, representative counts and depictions of victims of sexual violence. [2015] NZCA 124 CA533/2014
Result
The application for leave to appeal is dismissed. 15 August 2016
Leave judgment - leave dismissed
H (SC 49/2016) v R [2016] NZSC 103 15 August 2016 (PDF, 132 KB)
Judgment appealed from
H (CA533/2014) v R [2015] NZCA 124 (Stevens, Asher and Williams JJ) not electronically available __
Case name
Malcolm Raymond Clarke v The Queen
Case number
SC 50/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge ought to have directed the jury that the applicant did not have the burden of proving that the complainant had a motive to lie. [2016] NZCA 91 CA586/2015
Result
The application for leave to appeal is dismissed.
4 July 2016
4 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
T v The Queen
Case number
SC 52/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA438/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA438/2015 not available
Case name
N v The Queen
Case number
SC 53/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA440/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA440/2015 not available
Case name
Whetu Sonny James Waiwai v The Queen
Case number
SC 54/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. [2016] NZCA 167 CA603/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Alfred Robinson v The Queen
Case number
SC 55/2016
Summary
Criminal appeal – Evidence Act 2006, s 43(3)(e) – Whether the Court of Appeal erred in its application of the “collusion or suggestibility” criterion in assessing admissibility of propensity evidence under s 43. [2016] NZCA 188 CA375/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
[2016] NZCA 188 CA375/2015 not available _
Page 32 of 79