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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
G v The Queen
Case number
SC 55/2014
Summary
Criminal Appeal – whether the Court of Appeal erred in dismissing the appeal against conviction on the ground that the jury’s verdict was unreasonable and cannot be supported having regard to the evidence.[2013] NZCA 222  CA  663/2012
Result
Application for leave to appeal is dismissed. 22 July 2014
Leave judgment - leave dismissed
G (SC55/2014) v R [2014] NZSC 95 [22 July 2014] (PDF, 49 KB)
Judgment appealed from

G (CA663/2012) V R CA663/2012 [2013] NZCA 222 [12 June 2013]
Case name
Paul Andrew Gottermeyer v The Queen
Case number
SC 62/2014
Summary
Criminal Appeal – Sentencing Act 2002, s 104 – Whether the Court of Appeal erred in holding that mental health issues do not prevent s 104(1)(e) being engaged.[2014] NZCA 205  CA 739/2013
Result
Application for leave to appeal dismissed.
19 August 2014
Leave judgment - leave dismissed
PAUL ANDREW GOTTERMEYER v R [2014] NZSC 115 [19 August 2014] (PDF, 57 KB)
judgment appealed from

not available online
Case name
Colin Geoffrey Hayball v The Queen
Case number
SC 63/2014
Summary
Criminal appeal – Whether the Court of Appeal and/or the trial Judge acted impartially – Whether the verdict could reasonably have been supported on the evidence – Whether the sentence was unreasonable.[2014] NZCA 237    CA 658/2013
Result
Application for leave to appeal dismissed. 18 September 2014
Leave judgment - leave dismissed
COLIN GEOFFREY HAYBALL v R [2014] NZSC 127 [18 September 2014] (PDF, 57 KB)
Judgment appealed from

HAYBALL v R CA658/2013 [2014] NZCA 237 [23 June 2014]
Case name
AD v The Queen
Case number
SC 64/2014
Summary
[2014] NZCA 223  CA 490/2013
Result
Application for leave to appeal dismissed.
21 August 2014
Leave judgment - leave dismissed
AD v R [2014] NZSC 114 [21 August 2014] (PDF, 58 KB)
Judgment appealed from

not available online
Case name
R v The Queen
Case number
SC 67/2014
Summary
Criminal Appeal – s 385 Crimes Act 1961 – Whether the verdicts of the jury are unsafe by virtue of the circumstances in which they were delivered by the jury – Whether there has been a miscarriage of justice.[2014] NZCA 239  CA 282/2103
Result
Application for leave to appeal dismissed.
22 December 2014
Leave judgment - leave dismissed
R v R [2014] NZSC 194   22 December 2014 (PDF, 92 KB)
Judgment appealed from

R (CA283/2013) V R CA283/2013 [2014] NZCA 239 [17 June 2014]
Case name
Rhys Michael Cullen v The Queen
Case number
SC 68/2014
Summary
Criminal Appeal – Whether the actions and state of mind of an employee authorised by s 19 of the Secondhand Dealers and Pawnbrokers Act 2004 to enter into transactions on behalf of a license holder are attributable to the licence holder – Whether the acts of an employee whose normal duties include assistance in dismantling cars are attributable to the employer as acts helping to dispose of property within the scope of s 246 of the Crimes Act 1961. [2014] NZCA 325 CA 769/2013.
Result
The application for leave to appeal is granted.

The approved question is whether the Court of Appeal was correct to dismiss Mr Cullen’s appeal.
22 October 2014
__________________
Appeal dismissed.
29 May 2015
Transcripts
Media Releases
Leave judgment - leave granted
RHYS MICHAEL CULLEN v R [2014] NZSC 148 [22 October 2014] (PDF, 65 KB)
Substantive judgment
CULLEN v R [2015] NZSC 73 [29 May 2015] (PDF, 162 KB)
Case name
Toese Tu’uaga v The Queen
Case number
SC 74/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial Judge did not fail to put the defence case to the jury – Whether the Court of Appeal erred in finding that there was no risk of a miscarriage of justice in the way in which the defence case as presented by trial counsel was described to the jury.[2014] NZCA 304  CA 82/2014
Result
Application for leave to appeal dismissed.
20 November 2014
Leave judgment - leave dismissed
 TOESE TU'UAGA v R [2014] NZSC 164 [20 November 2014] (PDF, 71 KB)
Judgment appealed from

TU'UAGA v R CA82/2014 [2014] NZCA 304 [3 July 2014]
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 75/2014
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 refusing to dispense with security for costs.[2014] NZCA 321  CA 210/2014
Result
Application for leave to appeal dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
Leave judgment - leave dismissed
RAZDAN RAFIQ v COMMISSIONER OF NEW ZEALAND POLICE [2014] NZSC 132 [26 September 2014] (PDF, 56 KB)
Judgment appealed from

RAFIQ V COMMISSIONER OF NEW ZEALAND POLICE CA210/2014 [2014] NZCA 321 [14 July 2014]
Case name
Hakaoro Hakaoro v The Queen
Case number
SC 76/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely upon an opinion expressed in the probation report that the applicant lacked remorse when there existed independent evidence to the contrary – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely solely on the opinion of the probation officer when deciding that home detention would not be granted.[2014] NZCA 310  CA 176/2014
Result
Application for leave to appeal dismissed. 20 November 2014
Leave judgment - leave dismissed
HAKAORO HAKAORO v R [2014] NZSC 169 [20 November 2014] (PDF, 54 KB)
Judgment appealed from

HAKAORO v R CA176/2014 [2014] NZCA 310 [8 July 2014]
Case name
R v M and others
Case number
SC 77/2014
Summary
Civil Appeal – Whether certain procedural directions should have been made by the Court of Appeal.[2014] NZCA 304  CA 82/2014
Result
The application to file further submissions is declined.  The interlocutory application of 1 December 2014 is dismissed.
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A   The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B    The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C  The other interlocutory applications of 12 January 2015 are dismissed.
D  Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014). 
E  Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Supreme court decision
N v M [2014] NZSC 189 [19 December 2014] (PDF, 95 KB)
Supreme court decision
N v M [2015] NZSC 15 [27 February 2015 (PDF, 164 KB)
Judgment appealed from

NZLII: TU'UAGA v R CA82/2014 [2014] NZCA 304 [3 July 2014]
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