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
Minister of Fisheries and The Chief Executive of the Ministry of Fisheries v Antons Trawling Limited, Esperance Fishing Co Limited and Orneagan Developments Limited
Case number
SC 84/2007
Summary
Summary Civil – appeal from a Court of Appeal decision which granted interim relief to the Respondents against a decision, of the Minister of Fisheries, to reduce the Total Allowable Catch/Total Allowable Commercial Catch for an Orange Roughy fish stock – Applicant claims that the Court of Appeal erred in law, by failing to follow the test in Carlton & United Breweries v Minister of Customs [1986] 1 NZLR 423 when determining the scope of the remedy under s 8 Judicature Amendment Act 1972 and the approach to be adopted – Applicant also claims that the Court of Appeal erred by granting interim relief in the absence of evidence, and by determining that any level of likely monetary loss was sufficient to meet the test of necessity. Application made for urgent hearing, given the practical consequences of the decision for the Orange Roughy population and the potentially wide-ranging effects of the decision on appeal. [2007] NZCA 512 CA 101/07 19 November 2007
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents jointly. 6 December 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kevin Joseph Charles Little v R
Case number
SC 88/2007
Summary
Summary Criminal – appeal against conviction and sentence – murder of baby daughter – whether verdict supportable having regard to the evidence (s 385(1)(a) Crimes Act 1961) – whether admission of expert evidence of geophysicist (animation of applicant’s pre-trial explanation of incident) resulted in a miscarriage of justice – whether minimum non-parole period of 17 years manifestly unjust.[2007] NZCA 491 CA 557/07 9 November 2007
Result
Application for leave to appeal is dismissed.
22 February 2008
22 February 2008
Leave judgment - leave dismissed
LITTLE V R SC 88/2007 [22 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Colin Todd Parker v The Queen
Case number
SC 92/2007
Summary
Criminal – appeal against conviction of indecently assaulting a girl under 12 years – whether the Court of Appeal erred by holding that the fact the defence had not produced evidence of a motive for the complainant to give false evidence was relevant to the jury’s assessment of her credibility – whether the trial judge’s summing up conformed with R v T [1998] 2 NZLR 257 - whether R v T should represent the law in New Zealand insofar as it allows juries to regard a complainant’s evidence as more likely to be true where the defence has not offered any evidence for why the defendant might lie – whether R v T reverses the onus of proof in breach of sections 25(c) and (d) of the New Zealand Bill of Rights Act 1990. [2007] NZCA 534 CA 479/07 CA 572/07 CA 211/06 22 November 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
PARKER v R SC 92/2007 [15 April 2008] (PDF, 20 KB)
Case name
Emelysifa Jessop v The Queen
Case number
SC 8/2006
Summary
Criminal - appeal against conviction and sentence for aggravated robbery - whether Court of Appeal was unlawfully constituted contrary to New Zealand Bill of Rights Act 1990 ("NZBORA"), ss 25(a), 25(h); International Covenant on Civil and Political Rights ("ICCPR"), arts 14, 26; Judicature Act 1908, ss 9A, 58, 58G - whether undue trial or appellate delay contrary to NZBORA, s 25; ICCPR art 14 - whether failure to consider rights of the child pursuant to NZBORA, s 25(i); United Nations Convention on the Rights of the Child - admissibility of identification parade and video interview evidence - whether case should have been re-committed to High Court - whether trial judge biased - effect of principle of equality of arms - adequacy of trial judge's summing up - whether sentence manifestly excessive . CA 13/00 19 December 2005.
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
JESSOP V R SC 8/2006 [27 March 2006] (PDF, 18 KB)
Additional document
Case name
The University of Newlands and Rochelle Marianne Forrester v Nationwide News Pty Limited
Case number
SC 12/2006
Summary
Civil – defamation – jurisdiction – University of Newlands allegedly defamed on Australian website – whether an act or omission for or in respect of which damages are claimed occurred in New Zealand, pursuant to High Court Rules, r 219(a) – whether good arguable case on the merits – whether sufficient evidence of reputation, publication, or damage CA 202/04 9 December 2005
Result
Leave to Appeal dismissed.
29 March 2006
29 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
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
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
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
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)
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