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
Toese Tu’uaga v The Queen
Case number
SC 74/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial Judge did not fail to put the defence case to the jury – Whether the Court of Appeal erred in finding that there was no risk of a miscarriage of justice in the way in which the defence case as presented by trial counsel was described to the jury.[2014] NZCA 304 CA 82/2014
Result
Application for leave to appeal dismissed.
20 November 2014
20 November 2014
Leave judgment - leave dismissed
TOESE TU'UAGA v R [2014] NZSC 164 [20 November 2014] (PDF, 71 KB)
Judgment appealed from
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 75/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35(6) - Whether the Court of Appeal erred in upholding the Registrar’ s decision refusing to dispense with security for costs.[2014] NZCA 321 CA 210/2014
Result
Application for leave to appeal dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Hakaoro Hakaoro v The Queen
Case number
SC 76/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely upon an opinion expressed in the probation report that the applicant lacked remorse when there existed independent evidence to the contrary – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely solely on the opinion of the probation officer when deciding that home detention would not be granted.[2014] NZCA 310 CA 176/2014
Result
Application for leave to appeal dismissed. 20 November 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
R v M and others
Case number
SC 77/2014
Summary
Civil Appeal – Whether certain procedural directions should have been made by the Court of Appeal.[2014] NZCA 304 CA 82/2014
Result
The application to file further submissions is declined. The interlocutory application of 1 December 2014 is dismissed.
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Supreme court decision
N v M [2014] NZSC 189 [19 December 2014] (PDF, 95 KB)
Supreme court decision
N v M [2015] NZSC 15 [27 February 2015 (PDF, 164 KB)
Judgment appealed from
Case name
LFDB v SM
Case number
SC 78/2014
Summary
Civil Appeal – Whether the Court of Appeal applied the wrong standard of review on appeal – Whether the Court of Appeal erred in finding that the injury to the respondent and to the interests of the administration of justice more generally outweighed the injustice to the appellant in being debarred from further participation in the proceedings[2014] NZCA 326 CA 864/2013
Result
The application for leave to appeal is granted (SM v LFDB [2014] NZCA 326).
The approved ground of appeal is whether the Court of Appeal was wrong to allow the appeal.
The Registrar is directed to set down the appeal for hearing as soon as possible during 2014.
25 September 2014
_______________
The application for a stay of the Court of Appeal’s judgment (SM v LFDB [2014] NZCA 326) and for a further direction that copies of documents be provided to the appellant is dismissed.The appellant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
20 November 2014
______________________
Leave to appeal is revoked.
Costs reserved.
5 December 2014
______________________
A The appellant must pay costs of $52,245.63 and disbursements of $1,511.12 in respect of the appeal.
B The appellant must also pay in addition to costs previously ordered, disbursements of $437.30 in respect of the stay application determined by the Court.
31 March 2015
The approved ground of appeal is whether the Court of Appeal was wrong to allow the appeal.
The Registrar is directed to set down the appeal for hearing as soon as possible during 2014.
25 September 2014
_______________
The application for a stay of the Court of Appeal’s judgment (SM v LFDB [2014] NZCA 326) and for a further direction that copies of documents be provided to the appellant is dismissed.The appellant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
20 November 2014
______________________
Leave to appeal is revoked.
Costs reserved.
5 December 2014
______________________
A The appellant must pay costs of $52,245.63 and disbursements of $1,511.12 in respect of the appeal.
B The appellant must also pay in addition to costs previously ordered, disbursements of $437.30 in respect of the stay application determined by the Court.
31 March 2015
Transcripts
- Hearing date 5 December 2014 (PDF, 103 KB)
Leave judgment - leave granted
LFDB v SM [2014] NZSC 131 [25 September 2014] (PDF, 60 KB)
Additional document
Additional document
Additional document
Case name
Kathryn Frances Boswell v Owen Ross Millar
Case number
SC 79/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in taking into account improper evidence – Whether the Court of Appeal erred in upholding the trial Judge’s finding that there was no evidence of a failure to cooperate.[2014] NZCA 314 CA 293/2013
Result
The application for leave to appeal is dismissed.
The applicant is to pay the respondent costs of $2,500 and reasonable disbursements.
7 October 2014
The applicant is to pay the respondent costs of $2,500 and reasonable disbursements.
7 October 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
The Queen v TWW
Case number
SC 80/2014
Summary
Criminal Appeal – Evidence Act 2006, ss 28, 30 – Whether the Court of Appeal erred in finding that admissions by the accused obtained through a police undercover operation employing the “scenario technique” were unfairly and thus improperly obtained – Whether the Court of Appeal erred in adopting a Bill of Rights analysis where the accused’s rights were not breached – Whether the Court of Appeal erred in finding that exclusion of the admissions was proportionate to the impropriety – Whether the Court of Appeal erred in finding that the admissions were unreliable.[2014] NZCA 339 CA 852/2013
Result
The application for leave to appeal is granted ([2014] NZCA 339).
The questions on which leave is given are whether the Court of Appeal was right to find that:
(a) the appellant’s confession to “Scott” was unfairly obtained; and
(b) evidence of it should be excluded.
10 October 2014
______________________
The appeal is allowed and the evidence in question is ruled to be admissible.
18 December 2015
The questions on which leave is given are whether the Court of Appeal was right to find that:
(a) the appellant’s confession to “Scott” was unfairly obtained; and
(b) evidence of it should be excluded.
10 October 2014
______________________
The appeal is allowed and the evidence in question is ruled to be admissible.
18 December 2015
Transcripts
- Hearing date 12 February 2015 (PDF, 506 KB)
Leave judgment - leave granted
Supreme court decision
Case name
Gary Owen Burgess v TSB Bank Limited
Case number
SC 81/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35 – Whether the Court of Appeal, on an application to review a Court of Appeal Registrar’s decision on security for costs, must provide a notice of hearing and the opportunity to provide evidence and submissions – Whether the Court of Appeal erred in not granting an extension of time for the Registrar to consider the appropriate quantum of costs on consolidation.[2014] NZCA 334 CA 47/2014; CA 126/2014
Result
The application for leave to appeal is dismissed.
The applicant must pay to the respondent costs on the application of $1,000 together with disbursements to be fixed if necessary by the Registrar.
10 October 2014
The applicant must pay to the respondent costs on the application of $1,000 together with disbursements to be fixed if necessary by the Registrar.
10 October 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Jonathan Dixon v The Queen
Case number
SC 82/2014
Summary
Criminal Appeal – Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 386(2) of the Crimes Act 1961 – Whether the Court of Appeal erred in amending the charge and entering a conviction on the amended charge – Whether amending the charge breached the applicant’ s rights under the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against conviction – Whether the Court of Appeal failed to consider and take into account relevant submissions and evidence – Whether the Court of Appeal’s failure to consider and take into account relevant submissions denied the applicant a proper opportunity of appeal under s 383 of the Crimes Act and resulted in a breach of the applicant’ s rights under the New Zealand Bill of Rights Act – Whether the Court of Appeal erred in not finding a miscarriage of justice.[2014] NZCA 329 CA 518/2013
Result
The application for leave to appeal is granted.
The approved question is whether the Court of Appeal erred when it dismissed the appeal.
23 October 2014
___________________
A The appeal is dismissed.
B The decision of the Court of Appeal quashing the appellant’s conviction for obtaining property contrary to s 249(1)(a) of the Crimes Act 1961 and substituting a conviction for obtaining a benefit contrary to s 249(1)(a) is quashed. The appellant’s original conviction is reinstated.
C The appellant is to contact the Probation Service in South Dunedin by 10.30 am on Wednesday 28 October 2015 to make arrangements to complete his sentence.
20 October 2015
The approved question is whether the Court of Appeal erred when it dismissed the appeal.
23 October 2014
___________________
A The appeal is dismissed.
B The decision of the Court of Appeal quashing the appellant’s conviction for obtaining property contrary to s 249(1)(a) of the Crimes Act 1961 and substituting a conviction for obtaining a benefit contrary to s 249(1)(a) is quashed. The appellant’s original conviction is reinstated.
C The appellant is to contact the Probation Service in South Dunedin by 10.30 am on Wednesday 28 October 2015 to make arrangements to complete his sentence.
20 October 2015
Transcripts
- Hearing date 24 March 2015 (PDF, 447 KB)
Media Releases
- MR [2015] NZSC 147 (PDF, 253 KB)
Leave judgment - leave granted
JONATHAN DIXON v R [2014] NZSC 151 [23 October 2014] (PDF, 42 KB)
Substantive judgment
JONATHAN DIXON v R [2015] NZSC 147 [20 October 2015] (PDF, 343 KB)
Case name
Tatsuhiko Koyama v New Zealand Law Society
Case number
SC 83/2014
Summary
Civil Appeal – Whether there was a procedural defect or lack of jurisdiction in relation to the High Court judgment.[2014] NZHC 1146
Result
The application for leave to appeal is dismissed.
The applicant must pay the first respondent costs of $2,500 and reasonable disbursements determined if necessary by the Registrar.
10 October 2014
The applicant must pay the first respondent costs of $2,500 and reasonable disbursements determined if necessary by the Registrar.
10 October 2014
Leave judgment - leave dismissed
Judgment appealed from
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