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
David Charles Adams v The Queen
Case number
SC 37/2006
Summary
Criminal – appeal against conviction for fraudulently using a document (a GST return) for the purposes of obtaining a pecuniary advantage – applicant incorporated a company for the purposes of reducing ACC levies of clients – applicant secured set-off against company’s GST liability and avoided accounting for GST collected by company – whether Court of Appeal erred in refusing to accept defence (not raised at trial) that company not liable for GST as not carrying on a taxable activity as defined in s 6 Goods and Services Tax Act 1985 – constitutional consequences of acceptance of applicant’s argument adverted to by Court of Appeal. CA 313/05 12 April 2006
Result
Application for leave to appeal dismissed.
21 July 2006
21 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
ADAMS v R SC 37/2006 [21 July 2006] (PDF, 74 KB)
Case name
Glen Dallas Goldberg v The Queen
Case number
SC 40/2006
Summary
Criminal – appeal against conviction and sentence for wilfully attempting to pervert the course of justice – appellant wrote letters purporting to be from rape complainants, suggesting that their complaints were false – whether appellant gave counsel instructions to pass the letters on to police – whether Court of Appeal erred in failing to accept breach of solicitor/client privilege – whether Court of Appeal erred in failing to exclude evidence of psychologists in sentencing – whether the Court of Appeal erred in finding sentence not manifestly excessive – conduct of Crown counsel. CA 10/05 4 May 2006
Result
Application for leave to appeal dismissed.
9 August 2006
9 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
GOLDBERG V R SC 40/2006 [9 August 2006] (PDF, 67 KB)
Case name
Moshen Aghabiggi v The Queen
Case number
SC 45/2006
Summary
Criminal – appeal against conviction for sexual violation, attempted rape, and fraud – whether applicant should have been granted an adjournment to call a witness overseas and to allow exploration of potential defence – whether delay in police disclosure of complaint form, and the fact that complainant had not made complaint until later than originally thought, resulted in a miscarriage of justice – whether trial judge erred in directions to jury on defence to third count – whether overall a miscarriage of justice occurred.CA 408/05 31 May 2006
Court of Appeal decision
Leave judgment - leave dismissed
AGHABIGGI v R SC 45/2006 [5 October 2006] (PDF, 16 KB)
Additional document
AGHABIGGI V R SC 45/2006 [17 April 2007] (PDF, 15 KB)
Case name
Wali Javad Allahyai v The Queen
Case number
SC 47/2006
Summary
Criminal – appeal against Court of Appeal judgment, dismissing appeals against conviction and sentence for wounding with intent to cause grievous bodily harm – fresh evidence – whether the Court of Appeal erred by not admitting fresh evidence advanced on appeal to that court – further fresh evidence that should be admitted now – whether there was an unfair trial and appeal due to police conduct. CA 330/04 7 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
ALLAHYAI v R SC 47/2006 [5 October 2006] (PDF, 23 KB)
Case name
Ronald Gerald Clark v The Queen
Case number
SC 50/2006
Summary
Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test. CA 479/05 12 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
CLARK V R SC 50/2006 [26 September 2006] (PDF, 16 KB)
Case name
Alan Ivo Greer v The Queen
Case number
SC 51/2006
Summary
Criminal appeal – Bail Act 2000 - whether Court of Appeal erred in refusing application for bail pending hearing of appeals from convictions on driving and sexual offences – whether bail is necessary to obtain a fair hearing of the appeals. CA 161/03 CA 179/06 15 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
GREER V R SC 51/2006 [26 September 2006] (PDF, 21 KB)
Case name
Patricia Lenine Mabel Walsh v The Queen
Case number
SC 54/2006
Summary
Criminal – appeal against convictions for forgery – appellant used fax machine to transmit, from overseas, copies of false documents to persons in New Zealand – whether a facsimile copy of a false document is itself a false document – Crimes Act 1961, former ss 263, 264 (ss 255, 256 as amended 2003) CA 208/05 26 June 2006
Result
Leave to appeal granted.
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
Media Releases
- patriciawalsh mediarelease (PDF, 86 KB)
Substantive judgment
WALSH v R SC 54/2006 [19 December 2006] (PDF, 202 KB)
Transcript
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 56/2006
Summary
Criminal – appeal against convictions and sentence – fair trial – whether search and seizure giving rise to theft charges was illegal and unreasonable – whether District Court Judge could be satisfied beyond reasonable doubt on those charges – whether sentence of community work properly available – competence of counsel in District Court – alleged predetermination and bias in High Court – whether applicant given adequate opportunity to put his case in High Court and Court of Appeal.CRI 2005 454 22 1 July 2005
Result
Application for leave to appeal dismissed.
29 August 2006
29 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
CHATHA v R SC 56/2006 [29 August 2006] (PDF, 84 KB)
Case name
Frank Louis Miessen v The Queen
Case number
SC 59/2006
Summary
Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence – admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution. CA 222/05 6 July 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
MIESSEN V R SC 59/2006 [26 September 2006] (PDF, 15 KB)
Case name
Deo Dhatt Sharma v The Queen
Case number
SC 60/2006
Summary
Criminal – appeal against assault convictions – whether acknowledged failure of natural justice and inadequate answer to jury question on one assault count tainted verdicts on other counts – whether Court of Appeal erred in applying proviso in s 385(1) Crimes Act 1961 to dismiss appeals relating to other counts – whether Court of Appeal entitled to apply the proviso in breach of right to fair trial affirmed in s 25(a) New Zealand Bill of Rights Act 1990 – obligations of trial Judge in ensuring fair trial for unrepresented accused.
Result
Application for leave to appeal dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
SHARMA v R SC 60/2006 [2 October 2006] (PDF, 16 KB)
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