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
Peter Michael Connolly v The Queen
Case number
SC 4/2007
Summary
Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act. CA 472/2005 6 December 2006
Result
Application for leave to appeal granted. Application for leave to cross appeal dismissed.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Kevin Jack Ngan v The Queen
Case number
SC 5/2007
Summary
Criminal – appeal against conviction – earlier unsuccessful application for leave to appeal directly to Supreme Court (see SC 24/2006) – lawfulness of “inventory searches” – admissibility of evidence obtained through police searches of applicant’s sunglasses pouch and wallet following injury of applicant in car crash – whether Court of Appeal erred in holding that searches both lawful and reasonable and evidence therefore properly admitted. CA 220/06 1 December 2006
Result
Leave to appeal granted. 15 March 2007
Media Releases
- pressreleasengan 000 (PDF, 78 KB)
Leave judgment - leave granted
Substantive judgment
NGAN v R SC 5/2007 [13 December 2007] (PDF, 195 KB)
Judgment appealed from
Transcript
Substantive judgment / Media release
Case name
John Donald Currie v The Queen
Case number
SC 7/2007
Summary
Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act.CA 473/2005 6 December 2006
Result
Application for leave to appeal granted. Application for leave to cross appeal dismissed.
29 May 2007
_________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
In Supreme Court, reasonable expenses as may be fixed by the Registrar.
14 November 2007
29 May 2007
_________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
In Supreme Court, reasonable expenses as may be fixed by the Registrar.
14 November 2007
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Substantive judgment / Media release
Judgment appealed from
Transcript
Case name
Laxman Rajamani v the Queen
Case number
SC 8/2007
Summary
Criminal appeal – murder – husband killed wife – defence of lack of murderous intent and provocation – husband and wife both Indian - alleged provocative act by wife was in threatening to leave her husband for a Pakistani colleague – whether trial judge erred in proceeding with the trial to verdict with only ten jurors after two jurors had been discharged – whether trial judge erred in summing up on provocation – whether defence counsel’s cross-examination of a key Crown witness was inadequate; and whether trial judge’s summing up with respect to that witness was unbalanced – whether hearsay evidence from deceased a few days before her death concerning threats to her life from the defendant should have been admitted under R v Manase [2001] 2 NZLR 197; and whether trial judge’ s instructions as to the use to which that evidence could be put were incorrect. CA 140/06 20 December 2006
Result
Leave to appeal granted.
19 April 2007
____________________________
Appeal allowed, conviction quashed, new trial ordered.
23 August 2007
19 April 2007
____________________________
Appeal allowed, conviction quashed, new trial ordered.
23 August 2007
Transcripts
- Hearing date 25 July 2007 (PDF, 321 KB)
Court of Appeal decision
Leave judgment - leave granted
RAJAMANI v R SC 8/2007 [19 April 2007] (PDF, 12 KB)
Substantive judgment
RAJAMANI v R SC 8/2007 [23 August 2007] (PDF, 38 KB)
Case name
Paul Bruce Emirali v The Queen
Case number
SC 10/2007
Summary
Criminal – appeal against conviction and sentence – appellant convicted of conspiracy to supply cocaine – whether verdict supportable on the evidence – meaning of “conspiracy” and “supply” – admissibility of evidence –application for leave to appeal out of time. CA 177/06 12 December 2006
Result
Application for leave to appeal dismissed.
2 May 2007
2 May 2007
Leave judgment - leave dismissed
EMIRALI v R SC 10/2007 [2 May 2007] (PDF, 15 KB)
Judgment appealed from
Case name
K G L v The Queem
Case number
SC 14/2007
Summary
Criminal – appeal against conviction and sentence – appellant convicted of sexual and assault offences – whether conviction was supported by the evidence – admissibility of evidence at trial – whether the trial Judge’s summing up led to a miscarriage of justice – application for leave to appeal out of time. CA 60/05 4 November 2005
Result
Application for leave to appeal dismissed. 22 May 2007
Leave judgment - leave dismissed
LINDSAY v R SC 14/2007 [22 May 2007] (PDF, 17 KB)
Judgment appealed from
Case name
Nicola Brownwyn Hayes v The Queen
Case number
SC 16/2007
Summary
Criminal appeal – Crimes Act 1961 – s 229(A)(b) (taking or dealing with certain documents with intent to defraud) – s 228 (dishonestly taking or using document) – whether, and to what extent, the Crown must prove the probability or possibility of “pecuniary advantage” where the accused uses a document to avoid the risk of losing ACC compensation payments to which she, in any event, would have been entitled – alternatively, whether, in that same scenario, the Crown must prove that the accused was no longer entitled to such payments because the relevant incapacity had ceased.CA 343/06 24 February 2007
Result
Application for leave to appeal granted.
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
Transcripts
- Hearing date 15 August 2007 (PDF, 273 KB)
Media Releases
- pressrelease hayes 000 (PDF, 89 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
HAYES V R SC 16/2007 [15 February 2008] (PDF, 95 KB)
Case name
FP v The Queen
Case number
SC 18/2007
Summary
S ummary Criminal – appeal against conviction and sentence – applicant pleaded guilty in the High Court to seven counts of sexual offending against young girls – whether leave should have been granted for a change of plea – whether language difficulties resulted in a miscarriage of justice – application for leave to appeal out of time.CA 205/05 22 November 2005
Result
Application for leave to appeal dismissed. 13 June 2007
Leave judgment - leave dismissed
F v R SC 18/2007 [13 June 2007] (PDF, 14 KB)
Judgment appealed from
Case name
Kurt John Owen v The Queen
Case number
SC 25/2007
Summary
Criminal – appeal against conviction – whether discretion to consider appeals on the basis of unreasonable verdicts has been unduly restricted – complaint about the adequacy of summing up by trial judge – emotive summing up by prosecution – direction by trial judge concerning prosecution’s comment on the right to silence – trial judge’ s use of the transcript – whether Court of Appeal was correct to hold that overall there was no miscarriage of justice.CA 342/06 21 March 2007
Result
Application for leave to appeal granted.
29 June 2006
________________________
Appeal dismissed.
11 December 2007
29 June 2006
________________________
Appeal dismissed.
11 December 2007
Media Releases
- mediarelease owen (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
OWEN V R SC 25/2007 [11 December 2007] (PDF, 57 KB)
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Sione Tau Uluakiola v The Queen
Case number
SC 28/2007
Summary
Criminal – appeal against conviction – provocation – whether R v Tai [1976] 1 NZLR 102 should be overruled – meaning of “ ordinary person” in s 169(2)(a) of the Crimes Act 1961 – whether appellant’ s Tongan ethnicity and background a qualifying “special characteristic” that could have increased the gravity of the provocation. CA 123/06 6 December 2006
Result
Application for leave to appeal dismissed
22 June 2007
22 June 2007
Leave judgment - leave dismissed
ULUAKIOLA v R SC 28/2007 [22 June 2007] (PDF, 16 KB)
Judgment appealed from
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