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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
Ahmad Zanzoul v The Queen
Case number
SC 17/2008
Summary
Criminal appeal – applicant convicted after pleading guilty pursuant to s 153A of the Summary Proceedings Act 1957 on an information laid under s 31(1)(f)(ii) of the Passports Act 1992 – sentenced to 15 months imprisonment with leave to apply for home detention – whether the conviction and sentence is a nullity for want of legal certainty or vagueness of the provisions dealing with the indictable and summary jurisdiction for penalty purposes – alternatively, whether the Court of Appeal erred in law by constructing the legislation to the applicant’s detriment in failing to apply the lesser penalty where the legislation was “complex and confusing” – additionally, whether admissions were obtained without informing the applicant of his rights not to incriminate himself, to silence, and to obtain a lawyer in breach of the New Zealand Bill of Rights Act 1990 – whether, under art 36 of the Vienna Convention on Consular Relations read in conjunction with the Refugee Convention, the applicant should, as a refugee claimant, have been provided on detainment with advice by a consular or appropriate international official – whether a Hansen declaration should be made with regard to this issue – whether the applicant’s hearing before the Refugee Status Appeals Authority was unlawful for lack of independence and impartiality on the principles of Charanjit Singh v Secretary of State for the Home Department [2003] ScotCS 342 – whether the Court of Appeal erred in fact and law in finding and taking into account that there is nothing linking the appellant’s possession of a false Australian passport with his claim for refugee status – whether the Court of Appeal erred in law in taking into account that the applicant was not in the situation of many refugee claimants – application for name suppression.CA 297/06 6 December 2006
Leave judgment - leave dismissed
ZANZOUL v R SC 17/2008 [10 June 2008] (PDF, 25 KB)
Additional document
ZANZOUL v R SC 17/2008 [9 May 2008] (PDF, 14 KB)
Dates

Application for leave to appeal is dismissed.
10 June 2008
Case name
Shaun Antony King v The Queen
Case number
SC 18/2008
Summary
Criminal – appeal by way of case stated – Juries Act 1981 – applicant challenges the legality and fairness of jury-vetting, under the New Zealand Bill of Rights Act 1990, the Privacy Act 1993 and the Criminal Records (Clean Slate) Act 2004 – whether controls should operate over prosecution use of information including, but not limited to, the criminal history of a potential jury member – whether disclosure by the prosecution to the defence should be required in relation to such information.[2008] NZCA 79 CA 207/2007 10 April 2008
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Transcript
Hearing date : 10 July 2008
Case name
Arthur William Taylor v The Queen
Case number
SC 19/2008
Summary
Criminal – appeal against conviction and sentence – charges of escape from lawful custody and unlawful detention – whether the Court of Appeal was correct in finding in R v Carolyn Rochelle Taylor [2007] NZCA 318 that the applicant was at the time in lawful custody – whether the Trial Judge was correct to reject a plea under s 357 Crimes Act 1961 for previous acquittal on the unlawful detention charge - whether the sentence was excessive, or a minimum term appropriate.CRI 2005 085 5744 19 December 2007
Leave judgment - leave dismissed
TAYLOR v R SC 19/2008 [26 May 2008] (PDF, 17 KB)
Dates

Application for leave to appeal dismissed.
26 May 2008.
Case name
Kevin Anthony Lenaghan v The Queen
Case number
SC 24/2008
Summary
Criminal – appeal against conviction – possessing a substance with the intention of using it to produce or manufacture a controlled drug - whether the Court of Appeal erred in concluding that there was adequate evidence to support the jury’s conclusion of possession of a substance – whether the Court of Appeal erred in finding that the trial Judge gave adequate jury directions.
Leave judgment - leave dismissed
LENAGHAN v R SC 24/2008 [21 July 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
21 July 2008
Case name
M v The Queen
Case number
SC 27/2008
Summary
Criminal – Appeal against conviction and sentence – Sexual offending – Evidence admissibility – Sentencing – Reparation – Whether, given substantial payment of reparation to complainant, Court of Appeal erred in holding sentence of five and a half years imprisonment not excessive – Whether Court of Appeal erred in holding admission of video interview evidence did not give rise to miscarriage of justice.[2008] NZCA 112 CA 540/07 5 May 2008
Leave judgment - leave dismissed
M v R SC 27/2008 [17 July 2008] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.
17 July 2008
Case name
Allen Louis Harriman v The Queen
Case number
SC 28/2008
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal erred in finding various photographs, and expert evidence about the use of drug terminology, admissible – whether the Judge’ s ‘expert evidence’ direction to the jury was incomplete, because it did not cover the evidence of a defence witness – whether the Judge failed to direct the jury adequately on the effect of the applicant’ s partial guilty plea – whether the sentence was manifestly excessive – application for leave to appeal out of time.[2008] NZCA 53 CA 109/07 11 March 2008
Leave judgment - leave dismissed
HARRIMAN v R SC 28/2008 [7 August 2008] (PDF, 14 KB)
Dates

Application for leave to appeal dismissed.
7 August 2008
Case name
Albany Tuhuru Tainui v The Queen
Case number
SC 29/2008
Summary
Criminal – appeal against conviction – charges of sexual violation by unlawful sexual connection – whether the Court of Appeal erred in its approach towards an appeal against juror and Court staff misconduct – whether the Court of Appeal erred in admitting evidence that could be prejudicial to the accused or was propensity evidence. [2008] NZCA 119 CA 653/07 16 May 2008
Leave judgment - leave dismissed
TAINUI v R SC 29/2008 [31 July 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
31 July 2008
Case name
Paul Joseph Cameron v The Queen
Case number
SC 30/2008
Summary
High Court Gisborne CRN 2006 016 00325Criminal appeal – Evidence Act 2006 ss 28, 29 and 30 – admissibility of “scenario evidence” (evidence obtained by an investigative technique whereby police invite a suspect to participate with an undercover police officer in a constructed event designed to simulate criminal activity) – applicant made statements to undercover police officer posing as gang leader that were admitted in Court against him – whether, under s 29(4)(d), a threat, promise or representation must only be taken into account in determining whether a statement was influenced by oppression if it were made by a person in authority – further, whether evidence should be excluded for unreliability or improperly being obtained under s 28 and s 30 respectively.
Leave judgment - leave dismissed
CAMERON v R SC 30/2008 [1 August 2008] (PDF, 14 KB)
Dates

 Application for leave to appeal dismissed.
  1 August 2008
Case name
Vai Feterika v The Queen
Case number
SC 31/2008
Summary
Criminal Appeal – sentence appeal – wounding with intent to cause grievous bodily harm – whether the sentencing judge gave appropriate consideration to the applicant’s youth and the need for rehabilitation – applicant sentenced to 10 years imprisonment while the principle offender was sentenced to only five and a half years – whether disparity between the offenders is a miscarriage of justice. [2008] NZCA 127 CA 422/07 20 May 2008
Leave judgment - leave dismissed
FETERIKA v R SC 31/2008 [27 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
27 August 2008.
Case name
Deborah Gordon-Smith v The Queen
Case number
SC 32/2008
Summary
Criminal – Appeal by way of case stated – Juries Act 1981 – Challenge under New Zealand Bill of Rights Act 1990, Privacy Act 1993 and Criminal Records (Clean Slate) Act 2004 to legality and fairness of jury-vetting by Police so as to provide Prosecutor with information including, but not limited to, non-disqualifying criminal histories of persons on jury list – Jurisdiction – Leave on same grounds as King v R (SC 18/2008) sought – Jurisdiction issue relevant to King case sole reason for application for leave and to be included as a party to King case.[2008] NZCA 79 CA 207/2007 10 April 2008
Media Releases
Substantive judgment
GORDON-SMITH v R SC 32/2008 [23 March 2009] (PDF, 108 KB)
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Dates

25 July 2008 – Application for leave to appeal granted.

______________________

Appeal dismissed.

23 March 2009
Transcription

Hearing date : 10 July 2008

Hearing date : 3 December 2008 

Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ.
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