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
Allan Borley v The Queen
Case number
SC 14/2006
Summary
Criminal – appeal against conviction for sexual violation and indecent assault – evidence of child complainants – whether sufficient evidence for conviction – whether accused’s decision not to give evidence was compromised due to erroneous advice by trial counsel CA 121/05 12 December 2005
Result
Leave to Appeal dismissed.
12 April 2006
12 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
BORLEY V R SC 14/2006 [11 April 2006] (PDF, 15 KB)
Case name
Timothy Holden Tipple v The Queen
Case number
SC 19/2006
Summary
Criminal – appeal against conviction and sentence for dealing with a firearm with reckless disregard for the safety of others – Arms Act 1983, s 53(3) – whether purposive approach should be taken to interpretation of criminal offences – meaning of “reckless disregard” – whether recklessness has objective component – whether “deals with a firearm” includes supervising third party use of the firearm – admissibility of evidence obtained by police prior to cautioning – whether verdict unreasonable or not supported by the evidence – allegations of bad faith or bias against police and District Court Judge – consequences of amending indictment mid-trial – effect of facts proved at trial on sentencing – Sentencing Act 2002, s 24(1) – whether entitled to discharge without conviction – Sentencing Act 2002, s 106 CA 217/05 22 December 2005
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
TIPPLE v R SC 19/2006 [11 April 2006] (PDF, 17 KB)
Case name
David John Young v The Queen
Case number
SC 21/2006
Summary
Criminal appeal - conviction under s 45(1) of the Arms Act 1983 for possession of an airgun except for some lawful, proper, and sufficient purpose - Court of Appeal dismissed appeal against conviction - whether Court of Appeal erred in interpretation and application of ss 42 and 48 of the Crimes Act 1961 - whether the Court of Appeal erred in interpretation and application of ss 4 and 27 of the New Zealand Bill of Rights Act 1990 - whether the Court of Appeal failed to address a ground of appeal. CA 266/05 8 March 2005CA
Result
Leave to Appeal dismissed.
6 June 2006
6 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
YOUNG V R SC 21/2006 [6 June 2006] (PDF, 16 KB)
Case name
T v The Queen
Case number
SC 22/2006
Summary
Criminal - appeal against conviction for permitting a girl under the age of 12 to do an indecent act upon the applicant - whether the Court of Appeal erred in determining that the trial Judge was correct in allowing the jury to view the complainant's videotaped interview during their deliberations - whether the Court of Appeal erred in finding that the trial Judge was not required to warn the jury not to give disproportionate weight to the evidence of the complainant, having seen it twice - whether the Court of Appeal correctly determined that a previous incident between the complainant and her mother related directly or indirectly to the sexual experience of the complainant under s23A Evidence Act, or was otherwise irrelevant. CA 455/06 2 March 2006CA
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
T v R SC 22/2006 [11 April 2006] (PDF, 18 KB)
Case name
Anthony Keith Peters v The Queen
Case number
SC 23/2006
Summary
Criminal law - appeal against order by Court of Appeal that there be a joint trial of applicant and another - whether trials of two accused on one count of murder should be severed - right to a fair trial - whether discretion of trial judge should have been interfered with - duty of Court of Appeal to give reasons - whether this Court has jurisdiction to hear an appeal against a pre-trial determination by the Court of Appeal. CA 430/05 22 March 2005CA
Result
Leave to Appeal dismissed.
7 June 2006
7 June 2006
Leave judgment - leave dismissed
Peters V R SC 23/2006 [7 June 2006] (PDF, 16 KB)
Case name
Kevin Jack Ngan v The Queen
Case number
SC 24/2006
Summary
Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21. CRI 2005 054 001296.
3 March 2006
3 March 2006
Result
Leave to Appeal directly to this Court dismissed.
12 June 2006
12 June 2006
High Court decision
Leave judgment - leave dismissed
NGAN v R SC 24/2006 [12 June 2006] (PDF, 22 KB)
Case name
Brian Raymond Terry v The Queen
Case number
SC 31/2006
Summary
Criminal – appeal against conviction for assault with intent to injure – whether a substantial miscarriage of justice occurred because the Court of Appeal declined to direct the Crown to forensically examine a certain garment introduced at trial by the defence. CA 154/05 23 March 2006
Result
Leave to appeal dismissed.
14 June 2006
14 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
TERRY V R SC 31/2006 [14 June 2006] (PDF, 16 KB)
Case name
Peter Mana McNamara v The Queen
Case number
SC 33/2006
Summary
Criminal – appeal against conviction – sexual offending – complainant protected by Evidence Act 1908, s 23A – complainant’ s credibility in issue – Crown Prosecutor addressed complainant’s sexual experience and reputation in submissions – defence unable to respond to those submissions without leave – whether the submissions breached the spirit and intent of s 23A – whether the trial Judge failed to adequately direct jury not to accept or to ignore the submissions CA 310/05 11 April 2006
Result
Application for leave to appeal dismissed.
29 June 2006
29 June 2006
Leave judgment - leave dismissed
MCNAMARA V R SC 33/2006 [29 June 2006] (PDF, 15 KB)
Case name
Alistair James Haskett v The Queen
Case number
SC 34/2006
Summary
Criminal – appeal against conviction for driving at a speed exceeding 100 kilometres per hour – use of speed camera image as evidence of offence – whether production of image purporting to be taken by approved vehicle surveillance equipment is sufficient evidence to prove offence – requirements for testing and accuracy of approved vehicle surveillance equipment – Land Transport Act 1998, ss 145, 146 CA 261/05 30 March 2006
Result
Application for leave to appeal dismissed.
3 July 2006
3 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
HASKETT v R SC 34/2006 [3 July 2006] (PDF, 20 KB)
Case name
John Wharemako Gillies v The Queen
Case number
SC 35/2006
Summary
Criminal – defendant convicted for possession of drugs for supply – whether Court of Appeal erred in refusing to consider whether trial judge had misdirected jury – whether trial judge obliged to direct jury to consider a defence reasonably open to it but disavowed by the defendant. CA 252/05 28 March 2006
Result
Appeal dismissed.
20 July 2006
20 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
GILLIES V R SC 35/2006 [20 July 2006] (PDF, 16 KB)
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