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
RJL v The Queen
Case number
SC 28/2014
Summary
Criminal Appeal – Evidence Act 2006, s 122(2)(e) – Whether the Court of Appeal erred in deciding that the District Court Judge was entitled to decline to give a warning under s 122(2)(e) of the Evidence Act 2006 – Whether the Court of Appeal erred in upholding the District Court Judge’ s ruling that the photograph evidence was admissible – Whether the Court of Appeal erred in concluding that the way the District Court Judge restricted the manner in which the applicant gave evidence did not result in a miscarriage of justice.[2013] NZCA 191 CA 707/2012
Result
A Leave to appeal out of time is granted (L (CA707/2012) v R [2013] NZCA 191).
B The approved grounds of appeal are:
(a) Whether the trial Judge should have given the jury a warning, under s 122(1) of the Evidence Act 2006, concerning the complainant’s evidence; and
(b) Whether the Court of Appeal was wrong to conclude that no miscarriage of justice arose from the Judge’ s ruling as to the manner in which the appellant could give evidence of a payment he had made to the complainant.
8 August 2014
_________________________________________________
Appeal allowed, conviction quashed.
No order for retrial.
21 April 2015
B The approved grounds of appeal are:
(a) Whether the trial Judge should have given the jury a warning, under s 122(1) of the Evidence Act 2006, concerning the complainant’s evidence; and
(b) Whether the Court of Appeal was wrong to conclude that no miscarriage of justice arose from the Judge’ s ruling as to the manner in which the appellant could give evidence of a payment he had made to the complainant.
8 August 2014
_________________________________________________
Appeal allowed, conviction quashed.
No order for retrial.
21 April 2015
Leave judgment - leave granted
L v R [2014] NZSC 107 [8 August 2014] (PDF, 40 KB)
Substantive judgment
L (SC 28/2014) v R [2015] NZSC 53 [7 May 2015] (PDF, 405 KB)
Case name
Ioritana Tuau v The Queen
Case number
SC 29/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that the sentence imposed was not manifestly excessive.[2013] NZCA 623 CA 281/2013
Result
Application for leave to appeal dismissed. 2 July 2014
Leave judgment - leave dismissed
IORITANA TUAU v R [2014] NZSC 83 2 July 2014 (PDF, 53 KB)
Judgment appealed from
Case name
Israel Zuydendorp v The Queen
Case number
SC 32/2014
Summary
Criminal Appeal – The Court of Appeal erred in holding that counsel’ s behaviour did not lead to an unfair trial – Appellate counsel erred conducting the appeal – The Court of Appeal erred in findings in relation to propensity of witness testimony.[2014] NZCA 35 CA 254/2013
Result
Application for leave to appeal dismissed.
7 July 2014
7 July 2014
Leave judgment - leave dismissed
ISRAEL ZUYDENDORP v R [2014] NZSC 88 7 July 2014 (PDF, 73 KB)
Judgment appealed from
Case name
Paul Anthony Blair v The Queen
Case number
SC 36/2014
Summary
Criminal Appeal –Evidence Act 2006, ss 46 and 126 – Whether voice identification evidence was admitted at trial contrary to the provisions of s 46 – Whether the Court of Appeal erred in finding that admitting the voice identification evidence did not materially affect the result and therefore there was no miscarriage of justice – Whether the Court of Appeal erred in finding that the case against the defendant did not depend “substantially” on the voice identification evidence within the meaning of the word contained at section 126.[2014] NZCA 101 CA 92/2013
Result
Application for leave to appeal refused.
21 July 2014
21 July 2014
Leave judgment - leave dismissed
PAUL ANTHONY BLAIR v R [2014] NZSC 92 21 July 2014 (PDF, 43 KB)
Judgment appealed from
Case name
Bruce Franklin Charnley v The Queen
Case number
SC 38/2014
Result
Application for leave to appeal dismissed.
20 June 2014
20 June 2014
Leave judgment - leave dismissed
Judgment appealed from
Summary
Criminal Appeal – Crimes Act 1961, s 131B(1) – Whether or not the conviction for sexual grooming was consistent with the reality of the situation – Whether or not the conviction for sexual grooming was consistent with the purpose of the offence – Whether or not a sentence of preventative detention should have been imposed.
[2013] NZCA 226 CA 426/2012
Case name
Abraham Eparaima Kohai v The Queen
Case number
SC 42/2014
Summary
Criminal Appeal – s 385 Crimes Act 1961 – Miscarriage of justice – Whether the Court of Appeal should have granted an adjournment – Whether the Court of Appeal pre-determined the case – Whether relevant evidence was not properly considered by the Court of Appeal – Whether expert evidence was wrongly admitted at trial. [2014] NZCA 83 CA 101/2013
Result
Leave to appeal is granted (Kohai v R [2014] NZCA 83).
The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.
16 July 2014
____________________________
Appeal dismissed.
16 April 2015
The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.
16 July 2014
____________________________
Appeal dismissed.
16 April 2015
Case name
Pravin Fia Havi Prasad Kumar v The Queen
Case number
SC 44/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction for wilfully attempting to pervert the course of justice through his contact with a rape complainant. [2014] NZCA 116 CA 575/2012
Result
Application for leave to appeal dismissed.
12 August 2014
12 August 2014
Leave judgment - leave dismissed
Case Number
SC 44/2014
Judgment appealed from
Case name
Bruce James King v ASB Bank Limited
Case number
SC 45/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35(6) - Whether the Court of Appeal erred in upholding the Registrar’ s decision not to dispense with security for costs.[2014] NZCA 102 CA 810/2013
Result
A The application for a stay of the determination of the application for leave to appeal is dismissed.
B The application for leave to appeal is dismissed.
C The applicant must pay costs of $2,500 to the respondent.
28 July 2014
B The application for leave to appeal is dismissed.
C The applicant must pay costs of $2,500 to the respondent.
28 July 2014
Leave judgment - leave dismissed
Case Number
SC 45/2014
Judgment appealed from
Case name
John David Wright v The Queen
Case number
SC 46/2014
Summary
Criminal Appeal – Sentencing Act 2002 – Whether the Court of Appeal was wrong in principle – Whether the Court of Appeal wrongly categorised the offending as within band three of Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 – Whether the Court of Appeal paid insufficient regard to the sentencing hierarchy, the principles of sentence indication and other matters.[2014] NZCA 119 CA 831/2013
Result
Application for leave to appeal dismissed.
7 July 2014
7 July 2014
Leave judgment - leave dismissed
JOHN DAVID WRIGHT v R [2014] NZSC 87 7 July 2014 (PDF, 50 KB)
Judgment appealed from
Case Number
SC 46/2014
Case name
Philip John Woolley v The Queen
Case number
SC 54/2014
Summary
Criminal Appeal – Resource Management Act 1991 – Whether the Court of Appeal erred in upholding the applicant’s convictions for offences against s 13 of the Resource Management Act 1991 – Whether the Court of Appeal erred in dismissing his appeal against sentence. [2014] NZCA 178 CA 687/2013
Result
Application for leave to appeal dismissed. 5 August 2014
Leave judgment - leave dismissed
Judgment appealed from
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