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.
11 July 2024
Case information summary 2024 (as at 5 July 2024) – Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
JCS Cost Management Ltd and Stephen Roy Johnston v QBE Insurance (International) Ltd
Case number
SC 141/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to interpreting the insurance policy.[2015] NZCA 524 CA 698/20014
Result
Leave to appeal JCS Cost Management Ltd v QBE Insurance (International) Ltd [2015] NZCA 524 is granted. The approved question is whether the majority in the Court of Appeal was correct to conclude that the putative liability did not arise out of conduct that occurred in connection with the insured’s Professional Business Practice.
4 April 2016
_____________
Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
25 May 2016
4 April 2016
_____________
Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
25 May 2016
Leave judgment - leave granted
Judgment appealed from
Case name
Peter Gerard Stockman v New Zealand Association of Counsellors Incorporated
Case number
SC 1/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35(6)(c) – Whether the Court of Appeal erred in upholding the Registrar’s decision not to dispense with security for costs because the purpose of the appeal was to challenge a rule that unjustly discriminates against the poor and underprivileged and because the “pro forma” respondent need not appear on the appeal and incur any costs for which security is required[2013] NZCA 647 CA 665/2013
Result
Application for leave to appeal dismissed.
Cost to the respondents $2,500.00
6 May 2014
_________________
Application for recall of judgment dismissed.
14 May 2014
_____________________
2nd application for recall of judgment declined.
17 June 2014
Cost to the respondents $2,500.00
6 May 2014
_________________
Application for recall of judgment dismissed.
14 May 2014
_____________________
2nd application for recall of judgment declined.
17 June 2014
Recall judgment
Leave judgment - leave dismissed
Case name
Paki Hoani Taiatini v The Queen
Case number
SC 2/2014
Summary
Criminal Appeal – Evidence Act 2006, s 25 – Whether or not the Court of Appeal erred in its conclusion that the evidence from the complainant’ s mother was not expert evidence.[2013] NZCA 593 CA 100/2013
Result
The application for leave to appeal is granted.
The approved questions are:
Was the evidence of the complainant’s mother and her boyfriend admissible in terms of the veracity or propensity provisions of the Evidence Act 2006?
If the evidence was admissible:
should there have been a direction from the trial judge as to the use that could be made of the evidence?
was Mr Taiatini placed at any disadvantage from the fact that the evidence arose in the course of the trial?
If the evidence was not admissible, did its admission and/or the absence of a direction from the trial judge create the risk of a miscarriage of justice?
25 March 2014
__________
Appeal dismissed.
5 September 2014
The approved questions are:
Was the evidence of the complainant’s mother and her boyfriend admissible in terms of the veracity or propensity provisions of the Evidence Act 2006?
If the evidence was admissible:
should there have been a direction from the trial judge as to the use that could be made of the evidence?
was Mr Taiatini placed at any disadvantage from the fact that the evidence arose in the course of the trial?
If the evidence was not admissible, did its admission and/or the absence of a direction from the trial judge create the risk of a miscarriage of justice?
25 March 2014
__________
Appeal dismissed.
5 September 2014
Transcripts
- Hearing date 19 June 2014 (PDF, 313 KB)
Media Releases
- sc 2 2014 taiatini v r media release (PDF, 86 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Graham Edward McCready v ABC and another
Case number
SC 3/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to dispense with security for costs.[2013] NZCA 646 CA 698/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 together with disbursements to be fixed, if necessary, by the Registrar. 9 June 2014
B The applicant is to pay costs of $2,500 together with disbursements to be fixed, if necessary, by the Registrar. 9 June 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
KWK v The Queen
Case number
SC 4/2014
Summary
Criminal Appeal – Admissibility of evidence – Improperly obtained evidence – Evidence Act 2006, s 30 – Whether the availability of other investigatory techniques under s 30(3)(e) of the Evidence Act was a factor favouring admissibility of improperly obtained evidence – Whether s 30(3)(e) requires the person(s) exercising the unlawful search to have knowledge of the other investigatory techniques not involving any breach of rights.[2013] NZCA 616 CA 456/2013
Result
Application for leave to appeal dismissed.
6 March 2014
6 March 2014
Leave judgment - leave dismissed
Judgment appealed from
[2013] NZCA 616 not available online
Case name
Quake Outcasts v The Minister for Canterbury Earthquake Recovery, The Chief Executive of the Canterbury Earthquake Recovery Authority, Fowler Developments Limited
Case number
SC 5/2014
Summary
Civil Appeal – Judicial review – Whether the Court of Appeal erred in concluding that the Government had lawfully established the residential red zone in Christchurch through the use of its common law or third source powers – Whether the Court of Appeal erred in finding that the creation of the residential red zone did not affect the legal rights and liberties of the affected residents such that recourse to the third source was available – Whether the Court of Appeal erred in finding that the Government’ s offers to purchase the properties of the applicants and the third respondent under s 53 of the Canterbury Earthquake Recovery Act 2011 (Act) could be implemented without compliance with the regime set out in the Act for a planned and co-ordinated earthquake recovery approach – Whether the Court of Appeal erred in finding that the different treatment of the applicants and third respondent was not in itself a reviewable error as there was a rational basis for differentiating between insured and uninsured land owners. [2013] NZCA 588 CA 571/2013
Result
A The applications for leave to appeal in SC 5/2014 and SC 8/2014 are granted.
B The questions on which leave is granted are:
Were the offers made by the Crown to Residential Red Zone property owners under s 53 of the Christchurch Earthquake Recovery Act 2011 lawfully made? In particular:
(i) Was there a material failure to comply with the Act?
(ii) Was there a rational basis for the distinction drawn between those owners who were insured and those who were uninsured?
5 May 2014
__________________
A The appeal is allowed in part.
B There is a declaration that the September 2012 decisions relating to uninsured improved residential property owners and to vacant residential land owners in the red zones were not lawfully made.
C The first and second respondents in SC 5/2014 and the respondent in SC 8/2014 are directed to reconsider their decisions in light of this judgment.
D Leave is reserved to apply for any supplementary or consequential orders.
E The first and second respondents in SC 5/2014 are to pay to the appellants costs of $40,000 plus usual disbursements. We certify for three counsel.
F The respondent in SC 8/2014 is to pay to the appellant costs of $20,000 plus usual disbursements. We certify for two counsel.
13 March 2015
B The questions on which leave is granted are:
Were the offers made by the Crown to Residential Red Zone property owners under s 53 of the Christchurch Earthquake Recovery Act 2011 lawfully made? In particular:
(i) Was there a material failure to comply with the Act?
(ii) Was there a rational basis for the distinction drawn between those owners who were insured and those who were uninsured?
5 May 2014
__________________
A The appeal is allowed in part.
B There is a declaration that the September 2012 decisions relating to uninsured improved residential property owners and to vacant residential land owners in the red zones were not lawfully made.
C The first and second respondents in SC 5/2014 and the respondent in SC 8/2014 are directed to reconsider their decisions in light of this judgment.
D Leave is reserved to apply for any supplementary or consequential orders.
E The first and second respondents in SC 5/2014 are to pay to the appellants costs of $40,000 plus usual disbursements. We certify for three counsel.
F The respondent in SC 8/2014 is to pay to the appellant costs of $20,000 plus usual disbursements. We certify for two counsel.
13 March 2015
Transcripts
- Hearing date 29 - 31 July 2014 (PDF, 1.2 MB)
Media Releases
- MR [2015] NZSC 27 (PDF, 162 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Glover No 2 Limited v The Glover Trust Limited, Bailey Trustee Services Limited and Auckland West Legal Services Limited, and CIT Holdings Limited
Case number
SC 6/2014
Summary
Civil Appeal –Whether the Court of Appeal erred in concluding that the partie’s intention to create the bare trust was unmistakeable – Whether the Court of Appeal erred in finding that the trust structure was used to achieve the best result for the beneficiaries of the Glover No 2 Trust – Whether the Court of Appeal erred when it held that the deed of bare trust was not severable from the other bundle of documents executed on the same day due to its status as a “rogue” document – Whether the Court of Appeal failed to consider the argument that it was against public policy to enforce this document.[2013] NZCA 608 CA 194/2013
Result
Application for leave to appeal dismissed. Cost to the respondents $2,500.00
7 May 2014
7 May 2014
Leave judgment - leave dismissed
Case name
Paul Anthony Thompson v The Queen
Case number
SC 7/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that a general challenge to the credibility of a witness is sufficient to satisfy a trial counsel’s duty to run a defendant’s alibi defence – Whether the Court of Appeal erred in finding that the trial counsel’ s questions did not involve an implicit acceptance of facts.[2013] NZCA 640 CA 110/2013
Result
Application for leave to appeal dismissed.
4 April 2014
4 April 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Fowler Developments Limited v The Minister for Canterbury Earthquake Recovery, The Chief Executive of the Canterbury Earthquake Recovery Authority.
Case number
SC 8/2014
Summary
Civil Appeal – Judicial review – Whether the Court of Appeal erred in concluding that there was a rational basis for the respondent, in making the September 2012 offer to purchase the applicant’s land, to differentiate between insured residential property owners and uninsured owners.[2013] NZCA 588 CA571/2013
Result
A The applications for leave to appeal in SC 5/2014 and SC 8/2014 are granted.
B The questions on which leave is granted are: Was the establishment of the Residential Red Zones in Christchurch lawful as being a legitimate exercise of any common law powers or “residual freedom” the Crown may have, given the terms of the Christchurch Earthquake Recovery Act 2011? Were the offers made by the Crown to Residential Red Zone property owners under s 53 of the Christchurch Earthquake Recovery Act 2011 lawfully made? In particular: (i) Was there a material failure to comply with the Act? (ii) Was there a rational basis for the distinction drawn between those owners who were insured and those who were uninsured?
5 May 2014
____________________
A The appeal is allowed in part.
B There is a declaration that the September 2012 decisions relating to uninsured improved residential property owners and to vacant residential land owners in the red zones were not lawfully made.
C The first and second respondents in SC 5/2014 and the respondent in SC 8/2014 are directed to reconsider their decisions in light of this judgment.
D Leave is reserved to apply for any supplementary or consequential orders.
E The first and second respondents in SC 5/2014 are to pay to the appellants costs of $40,000 plus usual disbursements. We certify for three counsel.
F The respondent in SC 8/2014 is to pay to the appellant costs of $20,000 plus usual disbursements. We certify for two counsel.
13 March 2015
B The questions on which leave is granted are: Was the establishment of the Residential Red Zones in Christchurch lawful as being a legitimate exercise of any common law powers or “residual freedom” the Crown may have, given the terms of the Christchurch Earthquake Recovery Act 2011? Were the offers made by the Crown to Residential Red Zone property owners under s 53 of the Christchurch Earthquake Recovery Act 2011 lawfully made? In particular: (i) Was there a material failure to comply with the Act? (ii) Was there a rational basis for the distinction drawn between those owners who were insured and those who were uninsured?
5 May 2014
____________________
A The appeal is allowed in part.
B There is a declaration that the September 2012 decisions relating to uninsured improved residential property owners and to vacant residential land owners in the red zones were not lawfully made.
C The first and second respondents in SC 5/2014 and the respondent in SC 8/2014 are directed to reconsider their decisions in light of this judgment.
D Leave is reserved to apply for any supplementary or consequential orders.
E The first and second respondents in SC 5/2014 are to pay to the appellants costs of $40,000 plus usual disbursements. We certify for three counsel.
F The respondent in SC 8/2014 is to pay to the appellant costs of $20,000 plus usual disbursements. We certify for two counsel.
13 March 2015
Transcripts
- Hearing date 29 31 July 2014 (PDF, 1.2 MB)
Media Releases
- MR [2015] NZSC 27 (PDF, 162 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
DH v The Queen
Case number
SC 9/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge was correct to admit expert evidence – Whether the Court of Appeal erred in finding that the trial judge’s directions in relation to the expert evidence was adequate – Whether the Court of Appeal erred in finding that the trial judge’s directions in relation to evidence of no prior convictions was appropriate.[2013] NZCA 670 CA 87/2012
Result
A Leave to appeal is granted.
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.
2 May 2014
_____________
Appeal dismissed.
16 April 2015
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.
2 May 2014
_____________
Appeal dismissed.
16 April 2015
Media Releases
- MR [2015] NZSC 36 (PDF, 254 KB)
Leave judgment - leave granted
DH (SC9/2014) v R [2014] NZSC 50 [2 May 2014] (PDF, 8 KB)
Substantive judgment
DH (SC 9/2014) v R [2015] NZSC 35 [16 April 2015] (PDF, 366 KB)
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