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
TWI and others v The Queen
Case number
SC 128/2010 ; 129/2010; 130/2010; 131/2010; 132/2010; 133/2010/ 135/2010; 138/2010; 139/2010
Summary
Criminal – Summary Proceedings Act 1957 – validity and scope of search warrants – whether the Court of Appeal erred in upholding the validity of search warrants issued under s 198 of the Summary Proceedings Act 1957; whether the Court of Appeal erred in concluding that s 198 of the Summary Proceedings Act can be used to authorise surveillance on private land – New Zealand Bill of Rights Act 1990 – unreasonable search and seizure – whether the Court of Appeal erred in holding that the police in this case did not breach s 21 of the New Zealand Bill of Rights Act 1990 – Evidence Act 2006 – admissibility of evidence – whether the Court of Appeal erred in its undertaking of the s 30 balancing exercise and in concluding that the evidence in dispute was admissible at trial[2010] NZCA 497 CA 809/2009 19 November 2010
Result
A The appeals of Mr Tame Iti, Mr Te Rangiwhiria Kemara, Mr Urs Signer and Ms Emily Bailey are dismissed. B The appeals of the other appellants are allowed in part. The video surveillance evidence (other than footage of vehicles on Reid Road) is inadmissible against those appellants. All the other disputed evidence is admissible against them.
2 September 2011.
2 September 2011.
Leave judgment - leave granted
Supreme court decision
HAMED v R SC 125/2010 [2 September 2011] (PDF, 551 KB)
Dates
The application for leave to appeal is granted.
The approved grounds are whether the challenged evidence was lawfully obtained under s 198 of the Summary Proceedings Act 1957 or was, alternatively, properly admissible pursuant to s 30 of the Evidence Act 2006.
25 March 2011
Hearing
3 and 4 May 2011
Elias CJ, Blanchard, Tipping, McGrath, Gault JJ.
Case name
NJW v The Queen
Case number
SC 137/2010
Summary
Criminal – Sexual Offences – Whether evidence of complainant’ s sexual history directly relevant and excluded contrary to the interests of justice at trial – Whether sentence imposed by Court of Appeal excessive in the circumstances.[2010] NZCA 561 CA 247/2010 29 November 2010
Leave judgment - leave dismissed
W v R SC 137/2010 [8 March 2011 (PDF, 10 KB)
Dates
Application for leave to appeal dismissed.
8 March 2011.
Case name
Arthur William Taylor v The Queen
Case number
SC 5/2009
Summary
Criminal Appeal – kidnapping and escaping from lawful custody – appeal against conviction and sentence – whether a plea of previous acquittal was available to the applicant at his trial – whether the Court of Appeal was correct to hold that whether the applicant was in lawful custody was an issue for the judge – whether the sentence was excessive [2008] NZCA 558 CA 61/2008 17 December 2008
Result
Application for leave to appeal is dismissed.
15 May 2009
15 May 2009
Leave judgment - leave dismissed
TAYLOR v R SC 5/2009 [15 May 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Arshad Mahmood Chatha v The Queen
Case number
SC 8/2009
Summary
Criminal – Appeal against conviction and sentence – Whether Court of Appeal erred in concluding sentence not manifestly excessive and/or wrong in principle – Sentencing Act 2002, s 30 – Whether Court of Appeal erred in finding requirements of s 30 satisfied – Appeal against two recusal judgments – New Zealand Bill of Rights Act 1990, s 25(a) – Whether Court of Appeal erred in dismissing application for Judge’ s recusal.[2008] NZCA 427 CA 685/2007 10 December 2008
Result
Application for leave to amend the grounds of appeal is dismissed. Application for leave to appeal is dismissed. 24 March 2009
Leave judgment - leave dismissed
CHATHA v R SC 8/2009 [24 March 2009] (PDF, 19 KB)
Judgment appealed from
Case name
Alana Glenys-May Thomas v The Queen
Case number
SC 11/2009
Summary
Criminal – Appeal from decision of the Court of Appeal allowing the admission of certain evidence at trial – Police executing a search warrant obtained the evidence through a search of an apartment – Applicant pleaded guilty to variety of drug-related offences – Whether the Court of Appeal erred in finding that the police search warrant was lawful and the evidence lawfully and properly obtained – Whether the Court of Appeal should have given greater weight to the breach of s 198 of the Summary Proceedings Act 1957 in determining whether the evidence should have been admitted.[2008] NZCA 4352 CA 81/2008 8 September 2008
Result
Application for leave to appeal dismissed.
7 April 2009
7 April 2009
Leave judgment - leave dismissed
THOMAS v R SC 11/2009 [7 April 2009] (PDF, 16 KB)
Judgment appealed from
Case name
Te Ingoa Turaki v The Queen
Case number
SC 12/2009
Summary
Criminal - Whether trial judge erred in summing up to jury by not properly putting the appellant’s principal defence “lack of murderous intent” adequately before the jury – Whether failure to sum up amounted to a miscarriage of justice.{2008] NZCA 543 CA 669/2007 10 December 2008
Result
Application for leave to appeal dismissed.
9 March 2009
9 March 2009
Leave judgment - leave dismissed
TURAKI v R SC 12/2009 [9 March 2009] (PDF, 15 KB)
Judgment appealed from
Case name
David Cullen Bain v The Queen
Case number
SC 13/2009
Summary
[2009] NZCA CA 769/2008 30 January 2009
Result
Application for leave to appeal granted.
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
Court of Appeal decision
Leave judgment - leave granted
BAIN V R SC 13/2009 [6 March 2009] (PDF, 12 KB)
Additional document
Transcript hearing date 2 March 2009 (PDF, 352 KB)
Substantive judgment
BAIN v R (REASONS) SC 13/2009 [6 March 2009] (PDF, 158 KB)
Recall judgment
BAIN v R SC 13/2009 [25 May 2009] (PDF, 11 KB)
Additional document
Transcript hearing date 11 June 2009 (PDF, 39 KB)
Supreme court decision
BAIN v R SC 13/2009 [11 June 2009] (PDF, 16 KB)
Case name
Wallace Leslie Waugh v The Queen
Case number
SC 15/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 19/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
Ink Media Limited v The Queen
Case number
SC 16/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 18/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
Edin Bozz Boskovic v The Queen
Case number
SC 20/2009
Summary
Criminal – Sexual violation by rape – Appeal against conviction - Whether the Court of Appeal erred in finding that the alleged incompetence of trial counsel did not cause a miscarriage of justice – Whether the Court of Appeal erred in holding that the trial Judge’s ruling on alibi evidence was correct.CA 33/2006 12 December 2006
Result
Application for leave to appeal dismissed.
3 June 2009
3 June 2009
Leave judgment - leave dismissed
BOSKOVIC v R SC 20/2009 [3 June 2009] (PDF, 12 KB)
Judgment appealed from
Page 57 of 79