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
Josko Sestan v The Director of Area Mental Health Services, Waitemata District Health Board
Case number
SC 94/2006
Summary
Civil– application to appeal from decision of the Court of Appeal declining to issue writ of habeas corpus – whether a person detained under the Mental Health (Compulsory Assessment and Treatment Act) 1992 has all the rights of a person detained contained in the New Zealand Bill of Rights Act 1990 – whether Court of Appeal erred in wrongly or inadequately analysing whether the applicant was mentally disordered – whether Court of Appeal erred in failing to place burden properly on respondent to show mental disorder – whether reasons for dangerousness finding sufficient – whether Family Court and Court of Appeal erred in finding applicant was mentally disordered – whether inadequate reasons given for finding of mental disorder – whether applicant wrongly deprived of due process rights.CA 254/06 12 December 2006
Result
Application for leave to appeal dismissed.
15 February 2007
_________________________
Application for costs dismissed.
7 March 2007
15 February 2007
_________________________
Application for costs dismissed.
7 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Additional document
JUDGMENT OF THE COURT (COSTS) (PDF, 14 KB)
Judgment appealed from
Transcription
Case name
John Anthony Reid v The Queen
Case number
SC 95/2006
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 474/06 6 December 2006
Result
Application for leave to appeal granted. 29 May 2007 ____________ Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together ith reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses. 14 November 2007
Costs to appellant in Court of Appeal, $12,000 together ith reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses. 14 November 2007
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Hearing
10 and 11 October 2007_note SC3/2007
Substantive judgment / Media release
Case name
Wayne Peter Hitchings v The Queen
Case number
SC 98/2006
Summary
Criminal – appeal against conviction – whether material acquired by the Crown was evidence “going to rebut notified alibi defences and therefore not disclosable” or whether it was material that would assist the defence and therefore disclosable as of right – whether failure to disclose the evidence prejudiced the defence preparation for trial – whether Court of Appeal erred in finding that applicant would have had difficulty presenting two alibi defences, when the underlying argument was that the applicant was at home at the relevant time – whether evidence was inconsistent with this defence – whether trial was unfair. CA 519/05 27 November 2006
Result
Application for leave to appeal dismissed. 9 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Joseph Coleman v The Queen
Case number
SC 3/2005
Summary
Criminal Appeal against conviction for murder - whether otherwise inadmissible hearsay evidence became admissible due to counsels' consent. CA180/04 15 December 2004
Result
Leave to appeal refused.
23 March 2005
23 March 2005
Leave judgment - leave dismissed
V R SC SC 3/2005 [23 March 2005] (PDF, 14 KB)
Judgment appealed from
Case name
Allan Kendrick Dean v The Queen
Case number
SC 6/2005
Summary
Criminal Appeal - whether sentence of preventive detention should have been imposed - whether there has been unlawful appellate delay or breach of the New Zealand Bill of Rights Act 1990 - whether a substantial miscarriage of justice has resulted. CA 172/03 17 December 2004
Result
Leave to appeal dismissed.
11 April 2005
11 April 2005
Leave judgment - leave dismissed
R V DEAN SC 6/2005 [11 April 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Bernard John Pavitt v The Queen
Case number
SC 7/2005
Summary
Criminal appeal against conviction for aggravated robbery - whether colour of right - whether evidence inadmissable as unfairly obtained - burden of proof - whether misdirection by trial judge in telling jury that two others involved in the offending had also been charged. CA 257/04 21 October 2004
Result
Leave to appeal refused.
10 May 2005
10 May 2005
Leave judgment - leave dismissed
PAVITT V R SC 7/2005 [10 May 2005] (PDF, 15 KB)
Case name
Lesley Jane Martin
Case number
SC 9/2005
Summary
Appeal against conviction for attempted murder - whether the Court of Appeal's application of the proviso in s385(1) Crimes Act 1961 was erroneous in law or in fact - whether breach of the right to fair trial, as guaranteed by the New Zealand Bill of Rights Act 1990, is so fundamental a breach that it will ipso facto give rise to a substantial miscarriage of justice. CA 257/04 21 October 2004
Result
Leave to appeal refused.
15 June 2005
15 June 2005
Leave judgment - leave dismissed
MARTIN V R SC SC 9/2005 [15 June 2005] (PDF, 23 KB)
Transcript
Judgment appealed from
Case name
Fa'afete Taito v The Queen
Case number
SC 10/2005
Summary
Appeal against conviction for aggravated robbery - whether the absence of a transcript of the Judge's summing up; alleged counsel incompetence; the size of the jury panel, and the manner in which the jury was empanelled give rise to a substantial miscarriage of justice - whether the approach to the question of undue delay was erroneous in law. CA 257/04 21 October 2004
Result
Leave to appeal dismissed.
17 June 2005
17 June 2005
Leave judgment - leave dismissed
TAITO V R SC 10/2005 [17 June 2005] (PDF, 16 KB)
Judgment appealed from
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing.
CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.
1 December 2005
Leave judgment - leave granted
Substantive judgment
Transcription
Case name
Todd O'Hara v The Queen
Case number
SC 15/2005
Summary
Criminal appeal against conviction - admissibility of evidence of partial or qualified identification of accused from identification parade - whether misdirection by trial judge in suggesting positive identification had been made. CA 368/04 14 March 2004
Result
Leave to appeal refused.
7 July 2005
7 July 2005
Leave judgment - leave dismissed
O'HARA V R SC 15/2005 [7 July 2005] (PDF, 13 KB)
Judgment appealed from
Transcript
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