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
Jeremy George Edward McLaughlin v The Queen
Case number
SC 97/2015
Summary
Criminal Appeal – Whether DNA evidence was misused at trial – Whether the trial judge’s direction as to lies was inadequate – Whether a direction under s 32 Evidence Act 2006 was required – Whether the summing up was unfair. [2015] NZCA 339 CA 752/2013
Result
Application for leave to appeal is dismissed.
3 November 2015
3 November 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Escrow Holdings Forty-One Limited and Kallina Limited v District Court at Auckland and Body Corporate 341188 and others
Case number
SC 108/2015
Summary
Civil Appeal – Property Law Act 1952 – Whether the Court of Appeal erred in its interpretation of the land covenant – Whether the Court of Appeal erred in failing to give any weight to extrinsic evidence in the interpretation of the covenant – Whether the Court of Appeal erred in failing to give proper weight to the distinction between a covenant and an easement as distinguished in the Property Law Act. [2015] NZCA 393 CA 185/2014
Result
A Leave to appeal is granted (Body Corporate 341188 v District Court at Auckland [2015] NZCA 393).
B The approved ground is:Does the Deed of Covenant (when read alongside the Memorandum of Encumbrance) confer on the registered proprietors of Lot 2 the exclusive right to use the area shown as “A” on the plan attached to the Deed of Covenant (area “A”) for the purposes of car parking and the right to use the right of way shown as “F” and “G” on the same plan to access area “A”?
C We make a direction that service on the fourteenth to thirty-ninth respondents be dispensed with.
10 December 2015
___________
A The appeal is dismissed.
B The appellants must pay the second to twelfth respondents costs of $25,000 plus reasonable disbursements, to be fixed by the Registrar if necessary. We certify for two counsel.
20 December 2016
B The approved ground is:Does the Deed of Covenant (when read alongside the Memorandum of Encumbrance) confer on the registered proprietors of Lot 2 the exclusive right to use the area shown as “A” on the plan attached to the Deed of Covenant (area “A”) for the purposes of car parking and the right to use the right of way shown as “F” and “G” on the same plan to access area “A”?
C We make a direction that service on the fourteenth to thirty-ninth respondents be dispensed with.
10 December 2015
___________
A The appeal is dismissed.
B The appellants must pay the second to twelfth respondents costs of $25,000 plus reasonable disbursements, to be fixed by the Registrar if necessary. We certify for two counsel.
20 December 2016
Transcripts
- Hearing date 28 June 2016 (PDF, 624 KB)
Media Releases
- MR [2016] NZSC 167 (PDF, 251 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
G v The Queen
Case number
SC 112/2015
Summary
Criminal Appeal – Crimes Act 1961, s 340 – Evidence Act 2006, s 43 – Whether the Court of Appeal erred in concluding that joinder of two sets of charges by two different complainants would not unfairly prejudice the defendant.[2015] NZCA 323 CA 149/2015
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
21 October 2015 __
Case name
R v The Queen
Case number
SC 119/2015
Summary
Criminal appeal – Evidence Act 2006, s 43 – Whether propensity evidence was correctly admitted – Whether directions from the trial Judge were sufficient to cure the risk of unfairly prejudicial evidence affecting the jury’s verdicts.[2015] NZCA 394 CA 477/2014
Result
The application for leave to appeal is dismissed.
16 February 2016
16 February 2016
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Anaru Morgan v The Queen
Case number
SC 120/2015
Summary
Criminal Appeal – Appeal from the High Court – Propensity evidence – Whether the evidence is properly admissible under s 43 of the Evidence Act 2006. [2015] NZCA 465 CA 405/2015
Result
Application for leave to appeal dismissed.
24 November 2015
24 November 2015
Court of Appeal decision
Case name
David Ingram Rowley v The Queen
Case number
SC 126/2015
Summary
Criminal Appeal – Whether the Court of Appeal was correct to decline the application to adduce further evidence – Whether the Court of Appeal was correct to dismiss the appeal against conviction.[2015] NZCA 233 CA 572/2012
Result
Leave to appeal is granted on the question whether s 109 of the Tax Administration Act 1994 precluded conviction on counts 101–110 (Rowley v R [2015] NZCA 233, (2015) 27 NZTC ¶22-011).In all other respects the applications for leave to appeal are dismissed save that, in the case of Mr Rowley’s challenge to his sentence, this is with the reservation identified in [23].
15 February 2016
___________
The appeals are dismissed.
10 August 2016
15 February 2016
___________
The appeals are dismissed.
10 August 2016
Transcripts
- Hearing date 9 June 2016 (PDF, 456 KB)
Media Releases
- MR [2016] NZSC 101 (PDF, 239 KB)
Leave judgment - leave granted
SKINNER and ROWLEY v R [2016] NZSC 7 [15 February 2016] (PDF, 155 KB)
Substantive judgment
Case name
Thomas Frederick Mazlin King and Judith Ruth King v PFL Finance Limited and Craig Becroft
Case number
SC 130/2015
Summary
Civil appeal – Receivership – Whether the Court of Appeal erred in its application of s 18 of the Receivership Act 1993 and s 121 of the Property Law Act 2007 – Whether the Court of Appeal erred in its findings on causation of loss – Whether the Court of Appeal erred in its interpretation of compellability under the hearsay provisions of the Evidence Act 2006 – Whether there was oppressive enforcement of a credit contract under the Credit Contracts and Consumer Finance Act 2003.[2015] NZCA 517 CA 74/2014
Result
The application for leave to appeal is dismissed. If the applicants are not legally aided, costs of $2,500 are payable to the respondents. If the applicants are legally aided, we make an order under s 45(5) of the Legal Services Act 2011 that, had the applicants not been legally aided, they would have been liable for costs of $2,500. 17 February 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
K v The Queen
Case number
SC 133/2015
Summary
Criminal Appeal – Whether a miscarriage of justice has arisen due to delay in bringing the matter to trial – Whether the trial Judge should have given a reliability warning under s 122 of the Evidence Act 2006 [2015] NZCA 566 CA 665/2014
Result
The application for leave to appeal is dismissed.
15 March 2016
15 March 2016
Leave judgment - leave dismissed
K (SC 133/2015) v R [2016] NZSC 26 15 March 2016 (PDF, 73 KB)
Judgment appealed from
Case name
Deuce Derrick Junior Evo Savage v The Queen
Case number
SC 134/2015
Summary
Criminal Appeal – Appeal against conviction – Evidence Act 2006, s 126 – Whether verdict unreasonable – Whether Trial Judge failed to direct jury appropriately on requirements to establish guilt – Whether Trial Judge gave adequate identification warning.[2015] NZCA 550 CA 611/2014
Result
The application for leave to appeal is dismissed. 1 March 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
T v The Queen
Case number
SC 140/2015
Summary
Criminal Appeal – Appeal against conviction – Evidence Act 2006, s 122 – Whether Trial Judge failed to give adequate directions in relation to reliability of propensity evidence – Whether Trial Judge failed to give adequate directions in relation to the prosecutor’s closing address. [2015] NZCA 572 CA 117/2015
Result
The application for leave to appeal is dismissed.
20 June 2016
20 June 2016
Leave judgment - leave dismissed
T(SC 140/2015) v R [2016] NZSC 71 20 June 2016 (PDF, 81 KB)
Judgment appealed from
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