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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
Aaron Mark Wi v The Queen
Case number
SC 28/2009
Summary
Criminal – Appeal against convictions for wounding with intent to cause grievous bodily harm and assault with intent to injure – Substantial miscarriage of justice – Whether appellant unfairly prejudiced by trial Judge’s ruling precluding appellant from adducing evidence of lack of convictions for violent offending.[2009] NZCA 81  CA 586/2008
Result
Application for leave to appeal granted.
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
Media Releases
Leave judgment - leave granted
AARON MARK WI v R SC 28/2009 [7 May 2009] (PDF, 12 KB)
Substantive judgment
WI v R SC 28/2009 [27 November 2009] (PDF, 147 KB)
 Transcript

Hearing date : 18 August 2009

Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Darin Joseph Gardner v The Queen
Case number
SC 31/2009
Summary
Criminal appeal – Applicant convicted of murder, injuring with intent to cause grievous bodily harm and injuring with intent to injure – Appeal against conviction and sentence – Whether the Court of Appeal erred in finding that the applicant’s trial was fair – Whether the Court of Appeal erred in finding that the discharge of only one juror in certain circumstances, rather than two, was fair – Whether the Court of Appeal erred in finding that provocation was not available as a defence – Whether the Court of Appeal erred in finding that provocation and defence of another were not material in the applicant’s sentencing.[2009] NZCA 113   CA 665/07
Result
Application for leave to appeal dismissed. 16 June 2009
Leave judgment - leave dismissed
GARDNER V R SC 31/2009 16 June 2009 (PDF, 13 KB)
Case name
A R Poynter v The Commerce Commission
Case number
SC 32/2009
Summary
Civil – Commerce Act – Whether the Court of Appeal erred in holding that s 4 is not an exhaustive statement of the circumstances in which the provisions of the Act apply to overseas conduct – Whether the Court of Appeal was wrong to find that the conduct of another foreign resident who acted in New Zealand could be attributed to the Appellant so as to treat the Appellant as having acted within New Zealand through that other person – Whether the Court of Appeal wrongly imported the jurisdictional reach of conspiracy in s 310 of the Crimes Act 1961 into s 80(1)(f) of the Act.[2009] NZCA 84  CA 257/2007
Result
Application for leave to appeal granted.
16 June  2009
Media Releases
Substantive judgment
POYNTER v COMMERCE COMMISSION SC 32/2009 [16 April 2010] (PDF, 265 KB)
Leave judgment - leave granted
AKLE v COMMERCE COMMISSION SC 30/2009 [16 June 2009] (PDF, 12 KB)
Transcript

Hearing date : 17 November 2009

Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
K v The Queen
Case number
SC 33/2009
Summary
Criminal appeal – convictions for sexual offending and assault – appeal based on conduct of defence counsel and alleged deficiencies in the trial process - whether the Court of Appeal erred in applying R v Condon [2005] 1 NZLR 446 – whether the appellant was denied the right to a fair trial – whether the appellant was denied the right to legal representation – whether the trial judge erred in accepting the report of a forensic nurse and finding the appellant was competent to instruct counsel[2009] NZCA 97   CA 531/07
Result
Application for leave to appeal refused.
19 June 2009
Leave judgment - leave dismissed
K V R SC 33/2009 19 June 2009 (PDF, 15 KB)
Case name
Shane Charles Wenzel  v The Queen
Case number
SC 38/2009
Summary
Criminal – Appeal against decision of District Court Judge ordering trial by Judge alone under s 361D of the Crimes Act 1961 – Whether the incorporation into s 361D(3)(b) of an accused’s right to trial by jury requires an assessment of the weight of an accused’s right to jury trial in the circumstances of the case and the potential length of any sentence that might be imposed on conviction – Whether the s 361D limit on an accused’s right to jury trial can be demonstratively justified under s 5 of the New Zealand Bill of Rights Act 1990. [2009] NZCA 130   CA  31/2009   8 April 2009
Result
Application for leave to appeal dismissed. 9 June 2009
Leave judgment - leave dismissed
WENZEL V R SC 38/2009 9 June 2009 (PDF, 14 KB)
Case name
Peter David Buddle v The Queen
Case number
SC 43/2009
Summary
Criminal – Appeal against conviction – Crimes Act 1961 – Sexual offending – Criminal procedure – Exercise of s 374 discretion to discharge jury without their giving of a verdict – Whether trial Judge had authority to discharge jury at first trial on “a hung jury aspect” – Whether second trial a nullity in respect of all charges – Whether miscarriage of justice established.[2009] NZCA 184 CA 416/2008  14 May 2009
Result
Application for leave to appeal granted.
22 June 2009
Media Releases
Leave judgment - leave granted
BUDDLE v R SC 43/2009 [22 June 2009] (PDF, 9 KB)
Substantive judgment
BUDDLE v R SC 43/2009 [26 November 2009] (PDF, 132 KB)
 Result

Appeal allowed, Convictions set aside. New Trial ordered on three counts.

26 November 2009
 Hearing
13 August 2009
Case name
Alex Kwong Wong v The Queen
Case number
SC 44/2009
Summary
Criminal appeal – appeal against refusal to grant bail pending appeal – whether the Court of Appeal erred in law by applying the wrong test – whether the Court of Appeal erred in law by applying too rigid or too high a standard – whether the Court of Appeal failed properly to apply the correct statutory factors set out in ss 8 and 14 of the Bail Act 2000 – whether the Court of Appeal failed to take into account or accord due weight to the substantial miscarriage of justice allegedly suffered by the appellant[2009] NZCA 202 CA 190/2009    21 May 2009
Result
Application for leave to appeal dismissed.
16 June 2009
Leave judgment - leave dismissed
WONG V R SC 44/2009 16 June 2009 (PDF, 11 KB)
Case name
Bhikubhai Patel  v The Queen
Case number
SC 45/2009
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal were wrong to find that tape recordings, which were not the originals, were nevertheless admissible – whether the Court of Appeal erred in finding that it was not necessary to expressly warn the jury about the dangers of inferring intent from the literal meaning of words spoken in a foreign language – whether police practices and procedures were proper in this case[2009] NZCA 159   CA 190/2007    30 April 2009
Result
Application for leave to appeal dismissed. 5 February 2009
Leave judgment - leave dismissed
PATEL V R SC 45/2009 5 February 2010 (PDF, 38 KB)
Case name
David George Saggers v The Queen
Case number
SC 47/2009
Summary
Criminal Appeal – the appellant was convicted in the High Court for manufacturing methamphetamine and possessing equipment capable of being used in the manufacture of methamphetamine – Court of Appeal allowed the appellant’s appeal against conviction on the manufacturing charge and ordered a retrial but upheld the appellant’s conviction for possessing equipment capable of being used in the manufacture of methamphetamine – Appellant was found not guilty on the manufacturing charge at the retrial – Whether the guilty verdict on the charge of possessing equipment is inconsistent with the not guilty verdict on the manufacturing charge, amounting to a miscarriage of justice.[2008] NZCA  364   CA 121/2008    12 September 2008
Result
Application to leave to appeal dismissed. 30 July 2009
Leave judgment - leave dismissed
SAGGERS V R SC 47/2009 30 July 2009 (PDF, 14 KB)
Case name
Stephen Michael Shone v The Queen
Case number
SC 49/2009
Summary
Criminal appeal – sentencing – whether the decision of the Court of Appeal is consistent with decisions made in comparable cases – whether the Court of Appeal failed to take into account the alleged facilitation of offending by a victim’s mother – whether the sentences imposed were manifestly excessive[2009] NZCA  183  CA 720/2008    14 May 2008
Result
Application to leave to appeal dismissed. 29 July 2009
Leave judgment - leave dismissed
SHONE V R SC 49/2009 29 July 2009 (PDF, 12 KB)
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