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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
Michael Shane Henry Lihou v The Queen
Case number
SC 48/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal against sentence is dismissed.
10 June 2022
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
MICHAEL SHANE HENRY LIHOU v R [2022] NZSC 72 [10 June 2022] (PDF, 42 KB)
Case name
Mohammed Omar Nassery v The Queen
Case number
SC 54/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
12 August 2022
District Court decision
Not publicly available
Court of Appeal decision
NASSERY v R [2022] NZCA 213 [26 May 2022]
Leave judgment - leave dismissed
MOHAMMED OMAR NASSERY v R [2022] NZSC 97 [12 August 2022] (PDF, 184 KB)
Case name
R (SC 64/2022) v Chief Executive of the Department of Corrections
Case number
SC 64/2022
Summary
Criminal Appeal
Result
A Leave to appeal is granted (R (CA586/2021) v Chief Executive of the Department of Corrections [2022] NZCA 225).
B The approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?
11 April 2023
_________________________________________________________
The application for recusal is dismissed.
26 April 2023
_________________________________________________________
A The application by the respondent to adduce further evidence is granted.
B The appeal is allowed.
C The proceeding is remitted to the High Court for reconsideration in light of this judgment and any further evidence adduced in that Court. Pending the High Court’s decision on review under s 107RA(5) of the Parole Act, the appellant remains subject to the extended supervision order.
7 May 2024
Date of hearing
08 August 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R (CRI-2021-409-11) [2021] NZHC 2276 [31 August 2021]
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 31 [11 April 2023] (PDF, 33 KB)
Supreme court decision
Recusal decision: R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 40 [26 April 2023] (PDF, 162 KB)
Substantive judgment
R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2024] NZSC 47 [7 May 2024] (PDF, 279 KB)
Videos
Case name
Michelle Boag v The King, NZME Publishing Limited and Stuff Limited
Case number
SC 68/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B Order continuing suppression of the applicant’s name, address, occupation and any identifying particulars on the terms set out at [14] until 2 pm on Friday 28 October 2022. Suppression will lapse at that time.
26 October 2022
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
MICHELLE BOAG v R [2022] NZSC 125 [26 October 2022] (PDF, 179 KB)
Case name
Daniel George v The King
Case number
SC 69/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
7 November 2022
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
DANIEL GEORGE v R [2022] NZSC 128 [7 November 2022] (PDF, 163 KB)
Case name
James Dillon Stevens v The King
Case number
SC 73/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
18 October 2022
High Court decision
R v STEVENS [2021] NZHC 2026 [5 August 2021]
Court of Appeal decision
STEVENS v R [2022] NZCA 275 [29 June 2022]
Leave judgment - leave dismissed
JAMES DILLON STEVENS v R [2022] NZSC 120 [18 October 2022] (PDF, 154 KB)
Case name
Justin Richard Burke v The King
Case number
SC 75/2022
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Burke v R [2022] NZCA 279).
B The approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
21 October 2022
__________________________________________________________________________________
A The appeal is allowed.
B We seek submissions from counsel on the consequential orders that should follow, as set out at [175] of the reasons of the Court.
22 April 2024
_________________________________________________________________________________
A The appellant’s conviction for manslaughter is quashed.
B An order is made under ss 234(2) and 241(2) of the Criminal Procedure Act 2011 substituting a conviction for injuring with intent to injure under s 189(2) of the Crimes Act 1961.
C An order is made under ss 234(5) and 241(2) of the Criminal Procedure Act 2011 substituting a sentence of three years’ imprisonment.
16 May 2024
Date of hearing
20 March 2023 - 21 March 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams, Kós JJ | Venue Christchurch High Court Courtroom 12
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
R v BURKE [2021] NZHC 136 [10 February 2021]
Court of Appeal decision
BURKE v R [2022] NZCA 279 [29 June 2022]
Leave judgment - leave granted
JUSTIN RICHARD BURKE v R [2022] NZSC 124 [21 October 2022] (PDF, 67 KB)
Substantive judgment
JUSTIN RICHARD BURKE v R [2024] NZSC 37 [22 April 2024] (PDF, 1 MB)
Substantive judgment
JUSTIN RICHARD BURKE v R [2024] NZSC 59 [16 May 2024] (PDF, 181 KB)
Videos
Case name
Jiaxin Finance Limited, Qiang Fu and Fuqin Che v The King
Case number
SC 76/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
4 November 2022
High Court decision
R v QF, FC and JFL [2019] NZHC 3058 [22 November 2019]
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
JIAXIN FINANCE LIMITED (IN LIQUIDATION) v R [2022] NZSC 127 [4 November 2022] (PDF, 207 KB)
Case name
Tevita Kulu v The King
Case number
SC 78/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
27 March 2023
High Court decision
R v FANGUPO [2019] NZHC 2896 [7 November 2019]
Court of Appeal decision
KULU v R [2022] NZCA 284 [1 July 2022]
Case name
Shane Stevens Holmes v The King
Case number
SC 85/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
13 April 2023
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
SHANE STEVEN HOLMES v R [2023] NZSC 33 [13 April 2023] (PDF, 172 KB)
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