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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
Kay Halton Skelton v The Queen
Case number
SC 29/2011
Summary
Criminal Appeal – Sentence – Whether Court of Appeal erred in dismissing sentence appeal – Whether rights of children of mothers in custody; effects of imprisonment on a pregnant woman/mother of a young child; and totality principle properly considered – New Zealand’ s obligations under United Nations Convention of the Rights of the Child.[2011] NZCA 35  CA 663/2010
Leave judgment - leave dismissed
SKELTON v R SC 29/2011 [27 June 2011] (PDF, 11 KB)
Dates

Application for leave to appeal dismissed.

27 June 2011.
Case name
Jordan James Ataria v The Queen
Case number
SC 31/2011
Summary
Criminal Appeal – Sentencing – Whether the Judge was entitled to determine particular matters of fact at the sentencing stage, and whether there was sufficient evidence to support those findings of fact – Whether the appellant’s sentence should be reduced on account of an alleged disparity with the sentence imposed on certain other offenders in this case[2010] NZCA 559 CA 120/2010
Leave judgment - leave dismissed
ATARIA v R SC 31/2011 [17 June 2011] (PDF, 29 KB)
Dates
Application for leave to appeal dismissed.
17 June  2011.
Case name
Steven John Cleave v The Queen
Case number
SC 32/2011
Summary
Criminal Appeal – Wounding with intent to cause grievous bodily harm – Whether appellant was denied right to elect to give evidence of self-defence by defence counsel – Whether defence counsel failed to follow instructions by not proceeding with forensic testing. [2011]  NZCA 40  CA 127/2010
Leave judgment - leave dismissed
CLEAVE v R SC 32/2011 [5 July 2011] (PDF, 43 KB)
Dates
Application for leave to appeal dismissed.
5 July 2011.
Case name
AVM v The Queen
Case number
SC 34/2011
Summary
Criminal – Evidence Act 2006, ss 37 and 85 – Whether Crown ought to have disclosed material in its possession regarding expert witness to defence, in order to prevent ‘trial by ambush’ – Whether cross-examination of expert was in substance a challenge to witness’ veracity and s 37 was properly complied with (ie leave should have been sought) – Whether leave should have been sought based on s 85, ss 7 and 8 or common law – Whether in all the circumstances, the applicant had a fair trial. [2011] NZCA 84  CA 438/2010
Leave judgment - leave dismissed
M(SC34/2011) v R SC 34/2011 [20 June 2011] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

20 June 2011.
Case name
Urs Peter Signer v The Queen
Case number
SC 36/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114  CA 872/2010
Result
A The application for leave to appeal is granted. B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
__________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Leave judgment - leave granted
SIGNER and Others v R SC 36/2011 [6 May 2011] (PDF, 9 KB)
Substantive judgment
SIGNER and OTHERS v R SC 36, 37, 39, 40, 41, 43/2011 [16 September 2011] (PDF, 67 KB)
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Emily Felicity Bailey v The Queen
Case number
SC 37/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 873/2010
Result
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury. 6 May 2011
____________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Leave judgment - leave granted
SIGNER and Others v R SC 36/2011 [6 May 2011] (PDF, 9 KB)
Substantive judgment
SIGNER and OTHERS v R SC 36, 37, 39, 40, 41, 43/2011 [16 September 2011] (PDF, 67 KB)
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Pauesi Brown v The Queen
Case number
SC 44/2011
Summary
Criminal – Sentence – Sentencing Act 2002 – Whether Court of Appeal correct to dismiss appeal against sentence – Whether appropriate approach taken to mitigating and aggravating features – Absence of specific credit for remorse – Insufficient credit for guilty plea – Whether correct approach taken to imposing Minimum Period of Imprisonment.  [2011] NZCA 95  CA 894/2010
Leave judgment - leave dismissed
BROWN v R SC 44/2011 [5 July 2011] (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.
5 July 2011.
Case name
Peter Morrison Petryszick v The Queen
Case number
SC 47/2011
Summary
Criminal Appeal – s 385 of the Crimes Act 1961 – Whether the Court of Appeal, after an order by the Supreme Court to remit this appeal in Petryszick v R [2010] NZSC 105, [2011] 1 NZLR 153, denied the appellant an effective appeal against conviction on one count of assault using a motor vehicle as a weapon. [2011] NZCA 99  CA 269/2008
Leave judgment - leave dismissed
PETRYSZICK V R SC 47/2011 [30 June 2011] (PDF, 46 KB)
Dates

Application for leave to appeal dismissed.

30 June 2011.
Case name
Shane Andrew Ellis v The Queen
Case number
SC 53/2011
Summary
Criminal Appeal – Juries Act 1981 – Applicant convicted in High Court at Wellington by jury trial on three counts of importing methamphetamine – Jury selected in accordance with Juries Act – Whether trial was unfair as jury unrepresentative of population, in particular New Zealand’ s rural population, and did not constitute trial by applicant’s peers.[2011] NZCA 90 CA 739/2009
Leave judgment - leave dismissed
ELLIS v R SC 53/2011 [2 June 2011] (PDF, 55 KB)
Dates

Application for leave to appeal dismissed.

2 June 2011.
Case name
Warren Bruce Fenemor v The Queen
Case number
SC 60/2011
Summary
Criminal – Admissibility of propensity evidence –That some items of evidence admitted were inadmissible propensity evidence – That the trial Judge’s directions on the use of that evidence were inadequate – That the trial Judge erred in preventing the appellant from demonstrating his account of the incident.[2011] NZCA 206  CA 457/2010
Result
The application for leave to appeal is granted in part. The approved ground is whether the Court of Appeal was correct to hold, following R v Degnan that propensity evidence may be led by the Crown despite that evidence having previously been led at a trial which resulted in an acquittal.
We refuse leave to appeal on the other proposed grounds as they do not, in our view, meet the statutory criteria.
23 August 2011
_________________
Appeal dismissed.
21 October 2011
Media Releases
Substantive judgment
sc 60 2011 warren bruce fenemor v the queen (PDF, 130 KB)
Transcript
Hearing date : 4 October 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
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