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
Kaveinga Helotu Lavemai v The Queen
Case number
SC 105/2016
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred by dismissing the appeal against sentence. [2016] NZCA 363 CA344/2014
Result
The application for leave to appeal is dismissed.
2 November 2016
2 November 2016
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Dillin Pakai v The Queen
Case number
SC 110/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.[2016] NZCA 343 CA663/2014
Result
A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed.
8 March 2017
B The applications for leave to appeal are dismissed.
8 March 2017
Leave judgment - leave dismissed
DILLIN PAKAI v R [2017] NZSC 27 8 March 2017 (PDF, 83 KB)
Judgment appealed from
Case name
Shane Pierre Harrison v The Queen
Case number
SC 111/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial. [2016] NZCA 343 CA554/2014
Result
A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed. 8 March 2017
B The applications for leave to appeal are dismissed. 8 March 2017
Leave judgment - leave dismissed
DILLIN PAKAI v R [2017] NZSC 27 8 March 2017 (PDF, 83 KB)
Judgment appealed from
Case name
Morris Burton Suckling v The Queen
Case number
SC 112/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence.[2016] NZCA 187 CA468/2015
Result
A The application for leave to appeal is dismissed.
B There is no order for costs.
4 October 2016
B There is no order for costs.
4 October 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Samuel Owen Weenink v The Queen
Case number
SC 113/2016
Summary
Criminal Appeal – Appeal against conviction – Whether there has been a miscarriage of justice due to inconsistency of verdicts – Whether fresh evidence gives rise to a miscarriage of justice. [2016] NZCA 667 CA17/2013
Result
The application for leave to appeal is dismissed.
9 February 2017
9 February 2017
Leave judgment - leave dismissed
Judgment appealed from
Morton v R [2013] NZCA 667 not available__
Case name
Kawarau Village Holdings Limited and Melview (Kawarau Falls Station) Investments Limited (in receivership) v Ho Kok Sun, Peninsula Road Limited (in receivership & in liquidation) and Russell McVeagh
Case number
SC 115/2016
Summary
Civil appeal – Whether the Court of Appeal erred in its interpretation of a sale and purchase agreement – Whether there was breach of an essential obligation – Whether the purchasers were required to settle the agreement when called upon.NZCA 427 CA105/2015
Result
A Leave to appeal is granted (Sun and Ors v Peninsula Road Ltd (in rec and in liq) [2016] NZCA 427).
B The approved question is whether the Court of Appeal was correct to allow the respondents’ appeal to that Court.
21 December 2016
_______________________________
A The appeal is dismissed.
B The appellants must pay the first respondents costs of $35,000 plus reasonable disbursements (to be fixed by the Registrar if necessary). We allow for two counsel.
6 October 2017
B The approved question is whether the Court of Appeal was correct to allow the respondents’ appeal to that Court.
21 December 2016
_______________________________
A The appeal is dismissed.
B The appellants must pay the first respondents costs of $35,000 plus reasonable disbursements (to be fixed by the Registrar if necessary). We allow for two counsel.
6 October 2017
Transcripts
- Hearing date 6 - 7 April 2017 (PDF, 1 MB)
Media Releases
- MR [2017] NZSC 150 (PDF, 252 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
T v The Queen
Case number
SC 117/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal on the ground that the use of representative charges covering 10–12 years was unfair.[2016] NZCA 235 CA 561/2014
Result
The application for leave to appeal is dismissed. 10 February 2017
Leave judgment - leave dismissed
T (SC 117/2016) v R [2017] NZSC 6 10 February 2017 (PDF, 78 KB)
Judgment appealed from
Case name
S v The Queen
Case number
SC 119/2016
Summary
Criminal Appeal – Appeal against conviction – Customs and Excise Act 1996, s 151 – Evidence Act 2006, s 30 – Whether Court of Appeal erred in finding s 151 Customs and Excise Act authorised warrantless search – Whether Court of Appeal erred in not excluding evidence under s 30 Evidence Act. [2016] NZCA 448 CA712/2015
Result
The application for leave to appeal is dismissed.
22 December 2016
22 December 2016
Leave judgment - leave dismissed
S (SC 119/2016) v R [2016] NZSC 172 22 December 2016 (PDF, 73 KB)
Judgment appealed from
Case name
Dominique Anita Reti v The Queen
Case number
SC 122/2016
Summary
Criminal Appeal – Evidence Act 2006, s 45 – Whether the Court of Appeal erred in holding that visual identification evidence identifying the applicant was properly admitted at trial. [2016] NZCA 447 CA312/2016
Result
The application for leave to appeal is dismissed. 21 December 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ashor Gorgus v The Queen
Case number
SC 125/2016
Summary
Criminal Appeal – Appeal against sentence – Whether sentence was manifestly excessive. [2016] NZCA 508 CA706/2015
Result
The application for leave to appeal is dismissed.
7 December 2016
7 December 2016
Leave judgment - leave dismissed
ASHOR GORGUS v R [2016] NZSC 161 7 December 2016 (PDF, 68 KB)
Judgment appealed from
Page 35 of 79