Subscribe to the RSS feed Print this page

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
Kelly Te Peeti Ringi v The Queen
Case number
SC 59/2008
Summary
Criminal – Sexual violation - Whether the Court of Appeal erred in finding that the evidence supported the conviction – whether the Appellant had inadequate representation at trial and in the Court of Appeal. [2008] NZCA 293 CA33/2008 12 August 2008
Leave judgment - leave dismissed
RINGI v R SC 59/2008 [11 February 2009] (PDF, 16 KB)
Dates

Application for leave to appeal is dismissed.

11 February 2009
Case name
Alfred Taenga Mata v The Queen
Case number
SC 60/2008
Summary
Criminal appeal – Supreme Court Act s 14 – leap-frog appeal against District Court judgment – whether exceptional circumstances exist so as to justify taking the appeal directly to the Supreme Court.Evidence Act 2006 s 43 – District Court judgment ruled that certain “propensity” evidence is admissible at the applicant’s up-coming trial for robbery – the incident of propensity that the Crown sought to adduce occurred one year later than the incident that is the subject of the current proceedings, and resulted in charges being brought against the applicant – whether a non-proven criminal allegation is capable of being used as propensity evidence – whether, in deciding whether propensity evidence should be admitted under s 43, courts are required to follow common law principles – whether the specific robbery allegation sought to be adduced as propensity evidence meets the threshold of similar fact evidence that can be considered as an “other matter” when assessing the prejudicial effect of the evidence under s 43(4).CRI 2007-092-006967 14th August 2008
Leave judgment - leave dismissed
MATA v R SC 60/2008 [15 September 2008] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed. 

15 September 2008
Case name
Shane Edward Williams v The Queen
Case number
SC 61/2008
Summary
Criminal appeal – appeal against conviction – conspiracy to manufacture methamphetamine – section 25(b) New Zealand Bill of Rights Act 1990 – whether High Court Judge should have stayed the criminal proceedings after making finding of undue delay in bringing the applicant to trial – stay granted in relation to eight co-accused – whether applicant should have received same remedy.[2008] NZCA 296 CA 664/2007 12 August 2008
Result
Application for leave to appeal granted.
3 November 2008
________________________
Appeal dismissed.
15 May 2009
Media Releases
Leave judgment - leave granted
WILLIAMS v R SC 61/2008 [3 November 2008] (PDF, 12 KB)
Substantive judgment
SHANE EDWARD WILLIAMS v R SC 61/2008 [15 May 2009] (PDF, 48 KB)
Transcript

Hearing date : 26 February 2009
Case name
Kevin Francis John Casey v The Queen
Case number
SC 66/2008
Summary
Criminal Appeal – pre-trial application – drink driving – admissibility of evidential breath test printout – whether there was a lawful roadside detention – whether the Court of Appeal correctly interpreted s 114 of the Land Transport Act 1998 – claim proper breath screening procedure was not adopted – whether s 30 of the Evidence Act 2006 should have been applied to this claim – whether the right to consult a lawyer under s 23(1)(b) of the New Zealand Bill of Rights Act was complied with[2008] NZCA 335  CA 246/2008  1 September 2008
Leave judgment - leave dismissed
CASEY v R SC 66/2008 [5 December 2008] (PDF, 16 KB)
Dates

Application for leave to appeal dismissed.            

5 December 2008
Case name
M v The Queen
Case number
SC 71/2008
Summary
Criminal Appeal – appeal against conviction – sexual conduct with a child under 12 years – miscarriage of justice – whether trial judge was correct to rule that the adducing of defence character evidence as to the applicant’s behaviour in relation to children would allow the Crown to adduce evidence regarding the applicant’s conviction for allowing his 14 year old daughter to drive a motor vehicle – whether trial defence counsel should have adduced the character evidence despite the judge’ s ruling – whether the judge would have then been required to give a further good character direction to the jury – [2008] NZCA 358   CA 259/07    10 September  2008
Leave judgment - leave dismissed
M v R SC 71/2008 [10 December 2008] (PDF, 18 KB)
Dates
Application for leave to appeal dismissed.

10 December 2008
Case name
Geoffrey Martin Smith  v The Queen
Case number
SC 73/2008
Summary
Criminal – application for leave to appeal against conviction – applicant convicted of offences against the Tax Administration Act 1994 – nature of intent required by s 143B(1)(f) of the Act – whether s 109 of the Act applies to evidence in a criminal trial – whether the trial Judge misdirected the jury in relation to PAYE, GST, and the impact of certain assessments before them. [2008] NZCA 371   CA 275/2008   17 September  2008
Leave judgment - leave dismissed
SMITH v R SC 73/2008 [12 December 2008] (PDF, 23 KB)
Dates

Application for leave to appeal dismissed.

12 December 2008.
Case name
Kay Skelton v The Queen
Case number
SC 75/2008
Summary
Pretrial – change of venue appllicationCriminal appeal – whether the Court of Appeal erred in the test it applied under ss 379A and 322 of the Crimes Act 1961 in determining, on appeal, whether there ought to be a change of venue of the applicant’s trial – whether the Court of Appeal erred in its conclusion on the risk of an unfair trial without a change of venue[2008] NZCA 382   CA 424/2008    22 September  2008
Leave judgment - leave dismissed
SKELTON v R SC 75/2008 [30 October 2008] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed.

30 October 2008
Case name
Joseph Russell Rewiri v The  Queen
Case number
SC 78/2008
Summary
Criminal – provocation – whether the Court of Appeal erred in concluding that the application had no “special characteristic” relevant to provocation – whether the Court of Appeal applied the correct test for special characteristic.[2008] NZCA 355  CA 140/2008 8 September 2008
Leave judgment - leave dismissed
REWIRI v R SC 78/2008 [5 December 2008] (PDF, 15 KB)
Dates

Application for leave to appeal refused. 

5 December 2008.
Case name
Alistair Maurk Stuart Lyon v The Queen.
Case number
SC 79/2008
Summary
Criminal – Appeal against sentence – Whether the Court of Appeal erred in upholding the non-custodial sentences imposed by the District Court on the appellant. [2008] NZCA 415  CA 305/2008  10 October 2008
Leave judgment - leave dismissed
LYON v R SC 79/2008 [17 December 2008] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.

17 December 2008
Case name
Eric Barry Stewart v The Queen
Case number
SC 81/2008
Summary
Criminal Appeal – fraudulent use of medical certificates on ACC forms appeal against conviction – motive to lie – whether the prosecutor’ s comments to the jury about the applicant’s motive to lie amounted to a miscarriage of justice – whether the trial judge should be required to correct these comments in summing up – whether the Court of Appeal erred in finding that the prosecutor’s questioning of defence expert witness did not amount to a miscarriage of justice because the witness did not provide the applicant with a defence – whether this questioning was without foundation, an error of law and unfair [2008] NZCA 341 CA 231/07 2 September 2008
Result
Application for leave to appeal granted
5 February 2009
_________________________
Appeal allowed, convictions quashed. No order for retrial.
28 May 2009
Transcripts
Media Releases
Leave judgment - leave granted
STEWART v R SC 81/2008 [5 February 2009] (PDF, 12 KB)
Substantive judgment
STEWART v R SC 81/2008 [28 May 2009] (PDF, 56 KB)
Page 65 of 79