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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
Anthony David Banbrook v The Queen
Case number
SC 123/2013
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the decision of the High Court refusing to stay the prosecution on the grounds of breach of s 25 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in refusing to allow an application to set aside the guilty plea on the basis that the plea was induced by a ruling that embodied a wrong decision on a question of law.[2013] NZCA 525   CA 147/2013
Leave judgment - leave dismissed
BANBROOK v R [2013] NZSC 148 [18 December 2013] (PDF, 46 KB)
Dates

 Application for leave to appeal dismissed.

18 December 2013.
Case name
Wan Lee Chow v The Queen
Case number
SC 126/2013
Summary
Criminal Appeal – Crimes Act 1961, s 385; New Zealand Bill of Rights Act 1990, ss 9, 24(g) and 25(a); Sentencing Act 2002, s 104 – Whether the trial was unfair because disclosed documents were not translated and no special measures were taken during the trial to accommodate the appellant’ s intellectual difficulties – Whether the appellant’s sentence should have been discounted on the basis of intellectual impairment, age and hardship due to isolation resulting from communication difficulties – Whether intellectual impairment, age and hardship due to isolation resulting from communication difficulties should have led to a finding that the application of s 104 of the Sentencing Act was manifestly unjust – Whether the length of the sentence imposed amounted to disproportionately severe punishment in breach of s 9 of the New Zealand Bill of Rights Act.[2013] NZCA 360   CA 695/2011
Leave judgment - leave dismissed
WAN YEE CHOW v R [2014] NZSC 29 [28 March 2014] (PDF, 41 KB)
Dates

Application for leave to appeal dismissed.

28 March 2014.
Case name
Patrick Dean Norris  v The Queen
Case number
SC 127/2013
Summary
Criminal Appeal – Crimes Act 1961, s 220 – whether the Court of Appeal erred in finding that the requirements of s 220 were met – whether the Court of Appeal erred in refusing to allow the applicant to adduce new evidence[2013] NZCA 526  CA 59/2013
Leave judgment - leave dismissed
PATRICK DEAN NORRIS v R [2013] NZSC 138 [4 December 2013] (PDF, 84 KB)
Dates

 Application for leave to appeal dismissed.

4 December 2013.
Case name
Terry Jones  v The Queen
Case number
SC 128/2013
Summary
Criminal Appeal – Whether the Court of Appeal lacked jurisdiction to hear the appeal because there was no question of law to be decided – Whether the Court of Appeal erred in setting aside the stay granted by the High Court.[2013] NZCA 483  CA 826/2012
Leave judgment - leave dismissed
TERRY JONES v R [2014] NZSC 85   4 July 2014 (PDF, 88 KB)
Dates

Leave hearing  7 April 2014

Application for leave to appeal dismissed.

4 July 2014.
Case name
Larry Gordon Cant  v The Queen
Case number
SC 130/2013
Summary
Criminal Appeal – Whether the Court of Appeal acted improperly in dismissing all six grounds of the applicant’s appeal against conviction, including as to his self-representation at trial – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.[2013] NZCA 513  CA 250/2010
Leave judgment - leave dismissed
LARRY GORDON CANT v R [2014] NZSC 139 [9 October 2014] (PDF, 52 KB)
Dates

Application for leave to appeal dismissed.
9 October 2014.
Case name
Stephen Ross Tebbs v The Queen
Case number
SC 133/2013
Summary
Criminal Appeal – Land Transport Act 1998 – Whether or not the blood sample relied on by the police was taken in accordance with “ normal medical procedure”
Leave judgment - leave dismissed
TEBBS v R [2014] NZSC 16 [5 March 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

5 March 2014

[2013] NZCA 523  CA 160/2013
Case name
Stanley Williard Hamon v The Queen
Case number
SC 136/2013
Summary
Criminal Appeal – Evidence Act 2006 – Whether the Court of Appeal erred in stating the law applicable to appeals brought on the basis of recanted evidence – Whether the Court of Appeal erred in determining that the recantation was untrue and there should be no retrial.[2013] NZCA 540  CA 183/2013
Leave judgment - leave dismissed
STANLEY WILLARD HAMON v R [2014] NZSC 39 [16 April 2014] (PDF, 92 KB)
Dates

Application for leave to appeal dismissed.

16 April 2014
Case name
Kerryn Mitchell v The Queen
Case number
SC 149/2013
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence – Whether the sentence imposed of 2 years 1 month was manifestly unjust – Whether there has been a breach of natural justice rights under the New Zealand Bill of Rights Act 1990, s 27.[2013] NZCA  583   CA 657/2013
Leave judgment - leave dismissed
KERRYN MITCHELL v R [2014] NZSC 48 [2 May 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

2 May 2014.

 
Case name
Commissioner of Inland Revenue v Redcliffe Forestry Venture Limited and others
Case number
SC 8/2012
Summary
Civil Appeal – Jurisdiction – High Court Rules, r 5.49 – The respondents sought to set aside a High Court judgment, holding that a forestry investment structure was created for the dominant purpose of tax avoidance and that was upheld by the Court of Appeal and the Supreme Court, on the basis that the Commissioner presented a false case to the Court by failing to disclose that another provision of the Income Tax Act 1994 was applicable – This was raised on appeal before the Supreme Court which refused to hear the argument – Whether the High Court has jurisdiction to hear and determine this proceeding – In the alternative, whether the proceeding should be struck out as an abuse of process.[2011] NZCA  638  CA 152/2010, CA 204/2010
Result
The application for leave to appeal is granted.
The approved questions are:

(i) whether the Commissioner’s challenge to the claim was appropriately brought under r 5.49; and
(ii) whether the judgment of the High Court should in any event have been upheld.

29 February 2012

_____________________________
Transcript

Hearing date : 19 June 2012

Elias CJ, Tipping, McGrath, William Young, Gault JJ.
Case name
Raghu Aryasomayajula v The Queen
Case number
SC 9/2012
Summary
Criminal Appeal – Appeal against conviction – Crimes Act 1961 – Whether the Court of Appeal erred in law – Whether there was a miscarriage of justice – Whether there was insufficient evidence to convict.[2011] NZCA  633  CA 105/2011
Result
Notice of abandonment being lodged, the application for leave to appeal  is deemed to be dismissed.
27 March 2012.The application for leave to withdraw the notice of abandonment of the application for leave to appeal is dismissed.
16 December 2015
Leave judgment - leave dismissed
RAGHU SRINIVAS ARYASOMAYAJULA v R [2015] NZSC 190 [16 December 2015] (PDF, 80 KB)
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