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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
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 22/2013
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Judicature Act 1908, s 61A(2) and s 61A(3) – Security for costs – whether the Court of Appeal erred in upholding the registrar’s decision not to dispense with security for costs – whether the Court of Appeal erred in not reviewing the decision made by a single judge in that Court.[2013] NZCA 5  CA 855/2012
Dates

Application for leave to appeal dismissed.
2 July 2013.
Case name
Susan Margaret Angelina Seager-Buckle v Eric Clyde Hurrell and Vivienne Mary Hurrell, Chief Executive of Ministry of Social Developmemt, Paul Maurice Buckle
Case number
SC 24/2013
Summary
Civil appeal – Security for costs – Whether Court of Appeal correct to affirm Registrar’s decision not to waive security for costs ¬– Court of Appeal (Civil) Rules 2005, r 35(6)(c) –– Whether the making of Court of Appeal decision on the papers was in breach of natural justice.CA 673/2012
Dates

Application for leave to appeal dismissed.
10 June 2013
Case name
James Patrick Gollan v The Queen
Case number
SC 28/2013
Summary
Appeal against conviction and sentence – Crimes Act, ss 55 and 56 – Whether the Court of Appeal erred in finding that there was no basis that the applicant was acting in defence of his home or property under s 55 or s 56 of the Crimes Act – Whether the force used was reasonable - Whether the Court of Appeal erred in finding that the trial judge was correct to not allow a police job sheet to be admitted by putting it to a person who was not the author of it – Whether the Court of Appeal erred in finding that the trial judge was correct to exclude an article from the Police Association journal – Whether the applicant had adequate facilities and opportunities to prepare a defence – Whether District Court judges should be required to minute all decisions relating to rulings within a trial.[2013] NZCA 29   CA580/2012
Leave judgment - leave dismissed
GOLLAN v R [2013] NZSC 56 [11 June 2013] (PDF, 46 KB)
Recall judgment
GOLLAN v R [2013] NZSC 125 [18 November 2013] (PDF, 31 KB)
Dates

Application for leave to appeal dismissed.
11 June 2013.
Case name
Douglas Arthur Montrose Graham v The QueenMichael Howard Reeves v The QueenWilliam Patrick Jeffries v The QueenLawrence Roland Valpy Bryant v The Queen
Case number
SC 59/2013 ; SC 60/2013; SC 61/2013; SC 62/2013
Summary
Criminal appeal – Conviction and Sentence – Whether Court of Appeal was correct to uphold trial Judge’s conclusion that statements in amended prospectus were untrue – Materiality of omissions – Notional investor test – Securities Act 1978, ss 55 and 58(1) – Whether Court of Appeal correct uphold trial Judge’s conclusion that directors did not have reasonable grounds for their honest belief that the statements in the amended prospectus were true – Securities Act 1978, s 58(2)(4) – Whether directors were permitted to place reliance on external expert advice – Companies Act 1993, s 138 – Whether Court of Appeal correct to rule that sentences imposed by trial Judge were manifestly inadequate – Sentencing Act 2002.
Result
A The appeals are allowed.
B The sentences imposed by the Court of Appeal are set aside and the sentences imposed by Dobson J are restored.
7 May 2014
____________
Application for recall dismissed.
Costs are reserved.
22 July 2015
Media Releases
Substantive judgment
DOUGLAS ARTHUR MONTROSE GRAHAM, MICHAEL HOWARD REEVES, WILLIAM PATRICK JEFFRIES AND LAWRENCE ROLAND VALPY BRYANT v R [2014] NZSC 55 [7 May 2014] (PDF, 156 KB)
Recall judgment
DOUGLAS ARTHUR MONTROSE GRAHAM, MICHAEL HOWARD REEVES, WILLIAM PATRICK JEFFRIES AND LAWRENCE ROLAND VALPY BRYANT v R [2015] NZSC 109 [22 July 2015] (PDF, 369 KB)
Supreme court decision
Cost :DOUGLAS ARTHUR MONTROSE GRAHAM, MICHAEL HOWARD REEVES, WILLIAM PATRICK JEFFRIES AND LAWRENCE ROLAND VALPY BRYANT v R [2015] NZSC 138 [24 September 2015] (PDF, 119 KB)
Transcript
Hearing date : 11 February 2014

Elias CJ, William Young, Glazebrook, Arnold, Blanchard JJ. Decision reserved.
Case name
Guo Wei Deng v The Queen
Case number
SC 64/2013
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990 (NZBORA) – Criminal Practice and Procedure – Witness not called – Appeal against conviction – Whether allegedly inadequate interpretation assistance constituted a breach of the applicant’s right under s 24(g) of the NZBORA – Whether counsel’s failure to call two witnesses at the request of the applicant resulted in a miscarriage of justice.[2009] NZCA 445  CA 780/2008
Leave judgment - leave dismissed
GUO WEI DENG v R [2013] NZSC 100 [15 October 2013] (PDF, 58 KB)
Dates

 Application for leave to appeal dismissed.

15 October 2013
Case name
Christopher Jacob Junior Shadrock v The Queen
Case number
SC 69/2013
Summary
Criminal appeal – Appeal against conviction – Murder – Crimes Act 1961, s 167(b) and (d) – Whether trial Judge misdirected jury by referring to degrees of murder – Whether Court of Appeal correct to conclude there was no miscarriage of justice. [2013] NZCA 282  CA 496/2012
Leave judgment - leave dismissed
SHADROCK v R [2013] NZSC 96 [9 October 2013] (PDF, 64 KB)
Dates

Application for leave to appeal dismissed.

9 October 2013
Case name
Terence Mario Tere  The Queen
Case number
SC 70/2013
Summary
Criminal appeal – Appeal against conviction – Murder / Accessory after the fact – Crimes Act 1961, s 167(b) and (d) – Whether trial Judge misdirected jury by referring to degrees of murder – Whether Court of Appeal correct to conclude there was no miscarriage of justice. [2013] NZCA 282  CA 462/2012
Leave judgment - leave dismissed
SHADROCK v R [2013] NZSC 96 [9 October 2013] (PDF, 64 KB)
Dates

Application for leave to appeal dismissed.

9 October 2013
Case name
Raeleen Rameka v The Queen
Case number
SC 73/2013
Summary
Criminal Appeal – Crimes Act 1961, s 66(1) – Whether the Court of Appeal erred by misstating the test in respect of withdrawal under s 66(1).[2011] NZCA 75   CA 131/2010
Result
Appeal allowed, conviction quashed.
New trial ordered.

30 October 2014
Media Releases
Supreme court decision
JAMIE NGAHUIA AHSIN v R AND RAELEEN MATEWAI NOYLE RAMEKA v R [2014] NZSC 153 [30 October 2014] (PDF, 761 KB)
Hearing
11 March 2014

Elias CJ, McGrath, William Young, Glazebrook, Tipping JJ.
Case name
C  v The Queen
Case number
SC 74/2013
Summary
Criminal appeal – Pre-trial application – Blackmail, assault, assault with intent to injure – Whether trial Judge correctly concluded that text messages were not unlawfully interception – Crimes Act 1961, s 216B – Whether text messages could be lawfully obtained through a production order – Search and Surveillance Act 2012, ss 71¬–72 – Admissibility of text messages at trial – Evidence Act 2006, s 30.[2013] NZHC 1900     CRI 2012 009 11872
Leave judgment - leave dismissed
CHAPMAN v R [2013] NZSC 83 [23 August 2013] (PDF, 49 KB)
Dates

The application for leave to appeal is dismissed.

23 August 2013
Case name
Maka Tuikolovatu v the Queen
Case number
SC 96/2013
Summary
Criminal appeal – Appeal against conviction – Murder / Accessory after the fact – Crimes Act 1961, s 167(b) and (d) – Whether trial Judge misdirected jury by referring to degrees of murder – Whether Court of Appeal correct to conclude there was no miscarriage of justice. [2013] NZCA 282  CA 527/2012
Leave judgment - leave dismissed
SHADROCK v R [2013] NZSC 96 [9 October 2013] (PDF, 64 KB)
Dates

Application for leave to appeal dismissed.

9 October 2013
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