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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
The Queen v TWW
Case number
SC 80/2014
Summary
Criminal Appeal – Evidence Act 2006, ss 28, 30 – Whether the Court of Appeal erred in finding that admissions by the accused obtained through a police undercover operation employing the “scenario technique” were unfairly and thus improperly obtained – Whether the Court of Appeal erred in adopting a Bill of Rights analysis where the accused’s rights were not breached – Whether the Court of Appeal erred in finding that exclusion of the admissions was proportionate to the impropriety – Whether the Court of Appeal erred in finding that the admissions were unreliable.[2014] NZCA 339 CA 852/2013
Result
The application for leave to appeal is granted ([2014] NZCA 339).
The questions on which leave is given are whether the Court of Appeal was right to find that:
(a)     the appellant’s confession to “Scott” was unfairly obtained; and
(b)    evidence of it should be excluded.
10 October 2014
______________________
The appeal is allowed and the evidence in question is ruled to be admissible.
18 December 2015
Transcripts
Leave judgment - leave granted
The Queen v TWW [2014] NZSC 142 (10 October 2014)
Supreme court decision
R v TAWERA WESLEY WICHMAN [2015] NZSC 198 [18 December 2015] (PDF, 1.4 MB)
Case name
Gary Owen Burgess v TSB Bank Limited
Case number
SC 81/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35 – Whether the Court of Appeal, on an application to review a Court of Appeal Registrar’s decision on security for costs, must provide a notice of hearing and the opportunity to provide evidence and submissions – Whether the Court of Appeal erred in not granting an extension of time for the Registrar to consider the appropriate quantum of costs on consolidation.[2014] NZCA 334 CA 47/2014; CA 126/2014
Result
The application for leave to appeal is dismissed.

The applicant must pay to the respondent costs on the application of $1,000 together with disbursements to be fixed if necessary by the Registrar.

10 October 2014
Leave judgment - leave dismissed
GARY OWEN BURGESS v TSB BANK LIMITED [2014] NZSC 141 [10 October 2014] (PDF, 50 KB)
Judgment appealed from

BURGESS v TSB BANK LIMITED CA47/2014 and CA126/2014 [2014] NZCA 334 [17 July 2014
Case name
Jonathan Dixon v The Queen
Case number
SC 82/2014
Summary
Criminal Appeal – Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 386(2) of the Crimes Act 1961 – Whether the Court of Appeal erred in amending the charge and entering a conviction on the amended charge – Whether amending the charge breached the applicant’ s rights under the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against conviction – Whether the Court of Appeal failed to consider and take into account relevant submissions and evidence  – Whether the Court of Appeal’s failure to consider and take into account relevant submissions denied the applicant a proper opportunity of appeal under s 383 of the Crimes Act and resulted in a breach of the applicant’ s rights under the New Zealand Bill of Rights Act – Whether the Court of Appeal erred in not finding a miscarriage of justice.[2014] NZCA 329 CA 518/2013
Result
The application for leave to appeal is granted.
The approved question is whether the Court of Appeal erred when it dismissed the appeal.
23 October 2014
___________________
A The appeal is dismissed.
B The decision of the Court of Appeal quashing the appellant’s conviction for obtaining property contrary to s 249(1)(a) of the Crimes Act 1961 and substituting a conviction for obtaining a benefit contrary to s 249(1)(a) is quashed.  The appellant’s original conviction is reinstated.
C The appellant is to contact the Probation Service in South Dunedin by 10.30 am on Wednesday 28 October 2015 to make arrangements to complete his sentence.
20 October 2015
Transcripts
Media Releases
Leave judgment - leave granted
JONATHAN DIXON v R [2014] NZSC 151 [23 October 2014] (PDF, 42 KB)
Substantive judgment
JONATHAN DIXON v R [2015] NZSC 147 [20 October 2015] (PDF, 343 KB)
Case name
Helen Elizabeth Milner v The Queen
Case number
SC 88/2014
Summary
Criminal Appeal – Whether the verdicts were unreasonable [2014] NZCA 366 CA 120/2014
Result
Application for leave to appeal dismissed.
16 April 2015
Transcripts
Court of Appeal decision
MILNER V R CA120/2014 [2014] NZCA 366 [5 August 2014]
Leave judgment - leave dismissed
MILNER v R [2015] NZSC 38 [16 April 2015] (PDF, 94 KB)
Case name
Kung We Chen v Dilworth Trust Board
Case number
SC 89/2014
Summary
Civil Appeal –Whether the Court of Appeal erred in refusing to grant an application for an extension of time to appeal under r 29A of the Court of Appeal (Civil) Rules 2005.[2014] NZCA 352 CA 79/2014
Result
The application for leave to appeal is dismissed.
The applicant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
21 October 2014
Leave judgment - leave dismissed
KUNG WE CHAN v DILWORTH TRUST BOARD [2014] NZSC 149   21 October 2014 (PDF, 54 KB)
Judgment appealed from

 CHEN v DILWORTH TRUST BOARD CA79/2014 [2014] NZCA 352   28 July 2014
Case name
Tagioa Ah-Chong v The Queen
Case number
SC 93/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in its identification of the mens rea requirement for liability under s 129(2) of the Crimes Act 1961.     [2014] NZCA 385 CA 814/2013
Result
Leave to appeal is granted (A (CA 814/2013) v The Queen [2014] NZCA 385).

The approved ground of appeal is whether the Judge’s direction to the jury on the mens rea elements of the offence in s 129(2) of the Crimes Act 1961 was wrong.
31 October 2014
___________________
Appeal dismissed.
17 June 2015
Media Releases
Leave judgment - leave granted
A (SC 93/2014) v R [2014] NZSC 157 [31 October 2014] (PDF, 32 KB)
Substantive judgment
TAGIAO AH-CHONG v R [2015] NZSC 83 [17 June 2015] (PDF, 590 KB)
Case name
Mariam Tohuia Filihia  v The Queen
Case number
SC 94/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the applicant’s trial counsel made no error in the conduct of the case which resulted in a miscarriage of justice – Whether the Court of Appeal erred in finding that the reconstructive evidence was admissible – Whether the Court of Appeal erred in upholding the 17 year minimum period of imprisonment.[2014] NZCA 401  CA 786/2013
Result
Application for leave to appeal dismissed.
29 October 2014
Leave judgment - leave dismissed
FILIHIA v R [2014] NZSC 154   29 October 2014 (PDF, 64 KB)
Judgment appealed from

FILIHIA V R CA786/2013 [2014] NZCA 401   15 August 2014
Case name
Collins Eze v The Queen
Case number
SC 97/2014
Summary
Criminal Appeal – Sentencing Act 2002 – Whether the sentence imposed by the Court of Appeal is manifestly excessive – Whether the Court of Appeal erred in failing to consider the disparity between the applicant’ s sentence and the sentences imposed on co-offenders.[2014] NZCA 529  CA 760/2012
Result
Application for leave to appeal dismissed. 12 November 2014
Leave judgment - leave dismissed
COLLINS EZE v R [2014] NZSC 163 [12 November 2014]
Judgment appealed from

GOURLEY V R CA310/2014 [2014] NZCA 529    31 October 2014
Case name
T v The Queen
Case number
SC 100/2014
Summary
Criminal Appeal – Whether the applicant’s right to a fair trial was breached in the course of his arrest and detention, giving rise to a miscarriage of justice – Whether the Court of Appeal erred in refusing to allow the applicant to speak on points of law in the Court of Appeal hearing.[2014] NZCA 378  CA 693/2011
Result
The application for leave to appeal is dismissed.
19 February 2015
Leave judgment - leave dismissed
T (SC 100/2014) v R [2015] NZSC 9    19 February 2015 (PDF, 77 KB)
Judgment appealed from

T (CA693/2011) v R CA693/2011 [2014] NZCA 378  7 August 2014
Case name
Victoria Elizabeth Bethell as Administrator of the estate of R M Bethell and Maria Gael Bethell v Christine  Anne Bethell
Case number
SC 102/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in interpreting the Deed of Family Arrangement and whether it made a number of other errors.[2014] NZCA 442   CA 33/2014
Result
The application for leave to appeal is dismissed. The applicant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
3 December 2014
Leave judgment - leave dismissed
VICTORIA ELIZABETH BETHELL as administrator of the estate of ROSS MCKAY BETHELL v CHRISTINE ANNE BETHELL [2014] NZSC 177   3 December 2014 (PDF, 49 KB)
Judgment appealed from

BETHELL & ANOR v BETHELL CA33/2014 [2014] NZCA 442   5 September 2014
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