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
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
James Charles Morris Parlane v Waipa District Council
Case number
SC 53/2006
Summary
Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05 6 July 2006
Result
Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Myles James de Montalk v The Queen
Case number
SC 71/2006
Summary
Criminal – application for leave to appeal out of time – whether Court of Appeal’s alleged refusal to disclose evidence was tainted by racial, religious, or ethnical bias – whether Court of Appeal thereby in breach of New Zealand Bill of Rights Act 1990, s 25(a).CA 11/04 27 June 2006
Result
Application for leave to appeal dismissed.
18 October 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Graham Thomas Rowe v The Queen
Case number
SC 22/2005
Summary
Appeal against conviction for offensive behaviour under s 4(1)(a) of the Summary Offences Act 1981 - whether the appellant's behaviour was sufficiently observable to amount to offensive behaviour - whether the court's finding was possible only with recourse to inadmissible prior conduct evidence - whether the absence of a legitimate purpose may be taken into account in determining whether behaviour is offensive - whether a police officer is a competent complainant in a prosecution for offensive behaviour. CA 374/04 18 April 2005
Result
Leave to appeal dismissed. 23 June 2005
Leave judgment - leave dismissed
ROWE V R SC SC 22/2005 [23 June 2005] (PDF, 15 KB)
Case name
Dr C v Complaints Assessment Committee
Case number
SC 27/2005
Summary
Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege. CA 198/04 19 April 2005
Result
Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
Leave judgment - leave granted
Substantive judgment
Case name
McGrath & Forde v The Queen
Case number
SC 30/2005
Summary
Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A(1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted. CRI 2004 009 002464, 11 March 2005
Result
Leave to appeal dismissed.
27 July 2005
27 July 2005
Leave judgment - leave dismissed
M and F V R SC 30 & 32/2005 [27 July 2005] (PDF, 19 KB)
Case name
M & F v The Queen
Case number
SC 32/2005
Summary
Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A (1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted. CRI 2003 009 012476, 11 March 2005
Result
Leave to appeal dismissed.
27 July 2005
27 July 2005
Leave judgment - leave dismissed
M and F V R SC 30 & 32/2005 [27 July 2005] (PDF, 19 KB)
Case name
Colyn David Stoves v The Queen
Case number
SC 44/2005
Summary
Criminal appeal - whether the Court of Appeal erred in failing to give sufficient weight to the delay between conviction and sentencing in assessing the applicant’s appeal against sentence - whether the Court of Appeal wrongly concluded that the Crown was not obliged to make an application under s 344A of the Crimes Act when advised that the admissibility of certain evidence was to be challenged by the applicant . CA 457/04 24 May 2005
Result
Leave to appeal dismissed. 22 September 2005
Leave judgment - leave dismissed
STOVES V R SC 44/2005 [22 September 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Brett Lionel Allison v The Queen
Case number
SC 63/2005
Summary
Criminal law - whether the Court of Appeal erred in holding that the High Court judge’s finding (that the Crown had proved beyond a reasonable doubt that certain cash was the proceeds of a serious offence or offences) was supported by the evidence - requirements of s257A(2) Crimes Act 1961.CA 20/05 15 August 2005
Result
Leave to appeal dismissed. 16 December 2005
Leave judgment - leave dismissed
ALLISON V R SC 63/2005 [16 December 2005] (PDF, 15 KB)
Judgment appealed from
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