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
K v The Queen
Case number
SC 68/2009
Summary
Criminal – Sexual Offending – Rape – Evidence – Admissibility – recent complaint and hearsay evidence – Appeal against conviction – Whether substantial miscarriage of justice established – Whether Court of Appeal erred in concluding (1) that the trial Judge’ s directions on admissible evidence were adequate; (2) that there was sufficient evidence of penetration; (3) That the evidence of the complainant’s sister was not inadmissible recent complaint evidence; (4) That expert evidence relating to a summary of facts was inconsequential; (5) That it was unnecessary for the trial Judge to give a reliability direction in light of the evidence of intoxication; (6) that the trial Judge correctly ruled on the inadmissibility of two recorded telephone calls.[2009] NZCA 307 CA 664 /2008 16 July 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
K (CA 644/2008) V R SC 68/2009 20 October 2009 (PDF, 43 KB)
Case name
Ralph Lindsay Brunie v The Queen
Case number
SC 70/2009
Summary
Criminal appeal – appeal against sentence – convictions for sexual offending – whether the sentence of six years imprisonment (reduced from seven years by the Court of Appeal) was manifestly excessive[2009] NZCA 300 CA 199/2009
Result
Application for leave to appeal dismissed.
7 October 2009
7 October 2009
Leave judgment - leave dismissed
BRUNIE V R SC 70/2009 7 October 2009 (PDF, 12 KB)
Case name
Kevin Stanton Burdett v The Queen
Case number
SC 73/2009
Summary
Criminal – Appeal against sentence – Sexual offending against girl aged between 12 and 16 years – Whether Court of Appeal erred in fixing starting point of 3.5 years’ imprisonment for a first offender charged with a single act of sexual connection when no tariff decision established for relevant type of sexual offending – Whether Court of Appeal failed to take into account availability of home detention as a sentencing option?[2009] NZCA 366 CA 115/2009 19 August 2009
Result
Application for leave to appeal dismissed. 4 November 2009
Leave judgment - leave dismissed
BURDETT V R SC 73/2009 4 November 2009 (PDF, 34 KB)
Case name
Philip Wayne Hart v The Queen
Case number
SC 74/2009
Summary
Criminal appeal – appeal against conviction – convictions for sexual offending – the trial judge acceded to an application by the Crown for a prior consistent statement of the complainant to be admitted in terms of s 35(2) of the Evidence Act 2006 to rebut the assertion that the complainant’s evidence was fabricated in order to entitle her to ACC – whether the Court of Appeal erred in determining that defence counsel asserted recent invention on the part of the complainant and thus attacked the complainant’s veracity, opening the way to evidence on that topic under s 37 and also justifying an application by the Crown for an order that the complainant’s prior consistent statement was admissible under s 35(2) – whether the Court of Appeal erred in determining that the trial judge did not need to direct the jury on its use of the prior consistent statement because such statements, once admitted, are admissible for the truth of their contents under the Evidence Act 2006.[2009] NZCA 276 CA 609/2008 29 June 2009
Result
Application for leave to appeal granted.
15 October 2009
_______________________________
Appeal dismissed.
23 July 2010
15 October 2009
_______________________________
Appeal dismissed.
23 July 2010
Media Releases
Leave judgment - leave granted
Substantive judgment
HART v R SC 74/2009 [23 July 2010] (PDF, 210 KB)
Transcript
Hearing date : 18 November 2009
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Malcolm Albert Spark v The Queen
Case number
SC 77/2009
Summary
Civil appeal – Whether the Court of Appeal erred in finding that the Films Videos and Publications Classification Act 1993 applies to private material that was never intended to be made public; whether the Court of Ap peal erred in determining that the possession of objectionable material for private use is a “publication” for the purposes of the Act; whether the Court of Appeal erred in failing to apply the New Zealand Bill of Rights Act 1990 to interpretation of the word “publication”; whether the Court of Appeal erred in determining that it was permissible to repeatedly question an accused when the accused has stated that he does not wish to provide the information sought.[2009] NZCA 345 CA 267/2009 6 August 2009
Result
Application for leave to appeal dismissed. 16 December 2009
Leave judgment - leave dismissed
Case name
Ri Tong Zhou v The Queen
Case number
SC 79/2009
Summary
Criminal appeal – appeal against sentence – convictions under the Misuse of Drugs Act 1975 – minimum period of imprisonment of eight years imposed by High Court – the basis of the appeal to the Court of Appeal was disparity in relation to the sentences imposed for similar offending by the applicant’s associates – whether the Court of Appeal erred in dismissing the appeal despite an apparent injustice to the applicant – whether there has been a substantial miscarriage of justice.[2009] NZCA 365 CA 209/2009 18 August 2009
Result
Application for leave to appeal dismissed. 15 December 2009
Leave judgment - leave dismissed
Case name
Richard Donald Collins v The Queen
Case number
SC 80/2009
Summary
Criminal – Firearms and manufacturing and supply of drugs convictions – Whether the Court of Appeal erred in finding that s 61 of the Arms Act 1983 was not restricted for use in emergency situations – Whether the Court of Appeal was wrong to hold that s 18(2) of the Misuse of Drugs Act 1975 authorised the Police to search the applicant’s property – Whether the Court of Appeal were wrong to find that the applicant had made certain admissions before the police search.[2009] NZCA 88 CA 643/2008, CA 157/2009 4 September 2009
Result
Application for leave to appeal dismissed.
9 February 2009
9 February 2009
Leave judgment - leave dismissed
COLLINS V R SC 80/2009 9 February 2010 (PDF, 11 KB)
Case name
Michael Wauchop Porter v The Queen
Case number
SC 85/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 255/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Miles Gainsford Elliott v The Queen
Case number
SC 86/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred n its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 256/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Dharminder Singh v The Queen
Case number
SC 87/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 273/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
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