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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
John Douglas McKenzie v The Queen
Case number
SC 87/2013
Summary
Criminal appeal – Evidence Act ss 8, 12A and 27(1) – whether the Court of Appeal erred in its interpretation of “statement” in s 27(1) of the Evidence Act – whether the Court of Appeal was correct to apply the “co-conspirator’s rule” under s 12A of the Evidence Act – whether the Court of Appeal was correct to find that the prejudicial effect of the evidence in question did not outweigh its probative value pursuant to s 8 of the Evidence Act – whether the Court of Appeal was correct that the jury’s verdict was not unreasonable.[2013] NZHCA 378   CA 795/2012
Dates

Application for leave to appeal is declined.

11 November 2013
Case name
CT v The Queen
Case number
SC 88/2013
Summary
Criminal Appeal – Whether the Court of Appeal gave insufficient consideration to ss 25(a) and (f) of the New Zealand Bill of Rights Act 1990 in deciding that no miscarriage of justice had arisen because of delay – Whether the Court of Appeal erred in its assessment of the significance of the evidence unavailable to the defendant because of the time that had elapsed between the offending and the criminal proceedings.  [2013] NZCA 383   CA 188/2013
Result

Leave to appeal is granted.
The ground for appeal is whether prosecution should have been stayed because of the delay between the alleged offending and the prosecution.  

9 December 2013
_______________

Appeal allowed. Conviction quashed.
No order for new trial.

30 October 2014
Transcript

Hearing date : 8 April 2014

Elias CJ, McGrath, William Young, , Glazebrook, Arnold JJ.
Case name
Mikhail Rafael Pandey-Johnson v The Queen
Case number
SC 104/2013
Summary
Criminal – Appeal against conviction and sentence – Murder – Whether Court of Appeal erred in concluding that Crown had proved causation – Whether trial counsel erred in failing to challenge causation at trial – Whether evidence of Crown witness was admissible – Whether minimum non-parole period imposed was too high – Whether factors in s 104 of the Sentencing Act 2002 applied.  [2012] NZCA 595    CA 515/2011
Leave judgment - leave dismissed
MIKHAIL RAFAEL PANDEY-JOHNSON v R [2013] NZSC 135 [2 December 2013] (PDF, 60 KB)
Dates

 Application for leave to appeal dismissed.

 2 December 2013
Case name
William  Victor George Conway  v The Queen
Case number
SC 106/2013
Summary
Criminal Appeal – Resource Management Act 1991, s 15(1)(b) – Whether the Court of Appeal erred in finding that the evidence relied on by the Crown supported the conviction of the applicant on the counts alleging breach of enforcement orders – Whether the Court of Appeal erred in ruling admissible the prior statement of the applicant where supplementary information was required to interpret correctly the content of the statement – Whether the Court of Appeal erred by effectively ruling that under s 15(1)(b) the Crown did not need to establish a real risk that the contaminant discharge onto the land might enter water – Whether the Court of Appeal erred in accepting the ruling of the trial Judge as to the verdicts which ought to have been accepted from the jury where the jury had returned verdicts of guilty on all the charges the applicant faced including the counts laid against him in the alternative[2013] NZCA 438   CA 806/2009
Leave judgment - leave dismissed
WILLIAM VICTOR GEORGE CONWAY v R [2013] NZSC 103 [24 October 2013] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.
24 October 2013
Case name
FMB   v The Queen
Case number
SC 114/2013
Summary
Criminal appeal – Pre-trial – Cultivation of Cannabis – Misuse of Drugs Act 1975, s 9 – Breach of implied licence by police officer – Trespass – Evidence of cultivation obtained in the course of illegal search of property –Admission of improperly obtained evidence under Crimes Act 1961, s 379AB – Whether Court of Appeal correctly concluded that exclusion of the improperly obtained evidence would be disproportionate to the impropriety given the moderately serious breach of applicant’s rights and seriousness of the offending – Whether Court of Appeal correctly took into account the maximum penalty for the offence rather than the likely penalty the applicant would receive in their assessment of whether the offending was serious – Evidence Act 2006, s 30 – Admission of evidence is a substantial miscarriage of justice. [2013] NZCA 258   CA 66/2013
Dates

 Application for leave to appeal is dismissed.

26  November 2014.
Case name
MH v The Queen
Case number
SC 116/2013
Summary
Criminal Appeal – Evidence Act s 30 – pre-trial – whether the Court of Appeal erred in admitting evidence under s 30 of the Evidence Act.[2013] NZCA 432   CA 228/2013
Leave judgment - leave dismissed
JOHN LESTER MACKENZIE v R [2013] NZSC 143 [10 December 2013] (PDF, 57 KB)
Dates

Application for leave to appeal is dismissed

10 December 2013
Case name
Patrick Dean Norris  v The Queen
Case number
SC 127/2013
Summary
Criminal Appeal – Crimes Act 1961, s 220 – whether the Court of Appeal erred in finding that the requirements of s 220 were met – whether the Court of Appeal erred in refusing to allow the applicant to adduce new evidence[2013] NZCA 526  CA 59/2013
Leave judgment - leave dismissed
PATRICK DEAN NORRIS v R [2013] NZSC 138 [4 December 2013] (PDF, 84 KB)
Dates

 Application for leave to appeal dismissed.

4 December 2013.
Case name
Stanley Williard Hamon v The Queen
Case number
SC 136/2013
Summary
Criminal Appeal – Evidence Act 2006 – Whether the Court of Appeal erred in stating the law applicable to appeals brought on the basis of recanted evidence – Whether the Court of Appeal erred in determining that the recantation was untrue and there should be no retrial.[2013] NZCA 540  CA 183/2013
Leave judgment - leave dismissed
STANLEY WILLARD HAMON v R [2014] NZSC 39 [16 April 2014] (PDF, 92 KB)
Dates

Application for leave to appeal dismissed.

16 April 2014
Case name
Gibbston Downs Wines Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 139/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 82/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
Case name
Spinach Design Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 140/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 83/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
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