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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
Pauline Janice Harrison and Angela Janice Harrison v Auckland District Health Board and others
Case number
SC 23/2013
Summary
Civil Appeal – Bill of Rights Act 1990, s 27 – Medical malpractice – Whether the Associate Judge had jurisdiction to strike out the claim or acted ultra vires in doing so – Whether the Associate Judge was correct to hold that the statement of claim disclosed no reasonable cause of action against the defendants – Whether the Associate Judge was correct to hold that the statement of claim was vexatious and an abuse of process – Whether the Court of Appeal erred in refusing to dispense with security for costs.CA 723/2012
Dates

Application for leave to appeal dismissed.

15 October 2013.
Case name
Susan Margaret Angelina Seager-Buckle v Eric Clyde Hurrell and Vivienne Mary Hurrell, Chief Executive of Ministry of Social Developmemt, Paul Maurice Buckle
Case number
SC 24/2013
Summary
Civil appeal – Security for costs – Whether Court of Appeal correct to affirm Registrar’s decision not to waive security for costs ¬– Court of Appeal (Civil) Rules 2005, r 35(6)(c) –– Whether the making of Court of Appeal decision on the papers was in breach of natural justice.CA 673/2012
Dates

Application for leave to appeal dismissed.
10 June 2013
Case name
Simon McGrath v New Zealand Police
Case number
SC 25/2013
Summary
Criminal Appeal – Evidence – New Zealand Bill of Rights Act 1990, s 21– Whether the Court of Appeal erred in concluding that the blood sample was taken lawfully and in accordance with normal medical procedures – Whether the Court of Appeal erred in concluding that the blood test was not an unreasonable search and seizure.[2013] NZCA 3  CA 375/2012  CA 463/2012
Dates

Application for leave to appeal dismissed.
8 May 2013.
Case name
Barry John Hart v ANZ Bank Limited
Case number
SC 26/2013
Summary
Civil Appeal – striking out of appeal against order adjudicating bankrupt.[2013] NZCA 9   CA 858/2012 [2013] NZCA 10  CA 858/2012
Dates

The application for leave to appeal is dismissed.

The applicant must pay the respondent costs of $2500 together with all reasonable disbursements to be fixed if necessary by the Registrar.

11 April 2013.
Case name
Ewan Robert Carr and Brookside Farm Trust Limited v Gallaway Cook Allan
Case number
SC 27/2013
Summary
Arbitration agreements – Whether the Court of Appeal erred in its approach to the legal test for severance, and in particular, whether essentiality is a factor or whether policy and part performance are the determining factors.  [2013] NZCA 11   CA437/2012
Result
Leave to appeal is granted.
The approved ground is: 
Should the arbitral award have been set aside?
2 July 2013
__________________
A   The appeal is allowed and the judgment of the High Court setting aside the award of 9 May 2011 is reinstated.
B   The respondent must pay to the appellants costs in this court of $25,000 together with reasonable disbursements. 
C    The order for costs in the Court of Appeal is set aside and the respondent is to pay the appellants’ costs in that Court and the High Court to be fixed by those courts.
20 June 2014
Transcripts
Case name
James Patrick Gollan v The Queen
Case number
SC 28/2013
Summary
Appeal against conviction and sentence – Crimes Act, ss 55 and 56 – Whether the Court of Appeal erred in finding that there was no basis that the applicant was acting in defence of his home or property under s 55 or s 56 of the Crimes Act – Whether the force used was reasonable - Whether the Court of Appeal erred in finding that the trial judge was correct to not allow a police job sheet to be admitted by putting it to a person who was not the author of it – Whether the Court of Appeal erred in finding that the trial judge was correct to exclude an article from the Police Association journal – Whether the applicant had adequate facilities and opportunities to prepare a defence – Whether District Court judges should be required to minute all decisions relating to rulings within a trial.[2013] NZCA 29   CA580/2012
Leave judgment - leave dismissed
GOLLAN v R [2013] NZSC 56 [11 June 2013] (PDF, 46 KB)
Recall judgment
GOLLAN v R [2013] NZSC 125 [18 November 2013] (PDF, 31 KB)
Dates

Application for leave to appeal dismissed.
11 June 2013.
Case name
Grace Riana Boagey v The Queen
Case number
SC 29/2013
Summary
Criminal appeal – Assault with a weapon; intentional damage; aggravated assault and refusal to permit a blood sample to be taken –¬ Disqualification from holding or obtaining a driver’s licence – Land Transport Act 1998, s 65 – Guilty plea following erroneous sentencing indication – Whether Court of Appeal was correct to quash guilty pleas and remit charges to District Court for appellant to replead and possibly a retrial.  [2013] NZCA 30   CA202/2012
Dates

Application for leave to appeal dismissed.
2 July 2013.
Case name
Kim Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk v The United States of America and The District Court at North Shore
Case number
SC 30/2013
Summary
Civil Appeal – Extradition – Disclosure – Whether the Court of Appeal erred in interpreting the NZ/US Treaty – Whether the Court of Appeal erred in its interpretation and application of ss 22, 24, 25 and 102(1)(e)(i) of the Extradition Act 1999 which allow for and contemplate disclosure – Whether the Court of Appeal erred in its interpretation and application of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its interpretation and application of the relevant Canadian and United States authorities – Whether the Court of Appeal erred in determining that the Criminal Disclosure Act 2007 did not apply in the extradition context – Whether the Court of Appeal erred, in relation to the cross-appeal, in determining that s 184B of the Summary Proceedings Act 1957 procedure applies in the extradition context.[2013] NZCA 38    CA526/2012 
Result

A Leave to appeal is granted. 
B  The approved ground is: was the Court of Appeal correct to hold that the disclosure orders made in the District Court and upheld by the High Court were wrongly made? 

16 May 2013

___________

Appeal dismissed.
Costs reserved

21 March 2014
Transcript

Hearing date : 30 July 2013

Elias CJ, McGrath, William Young, Glazebrook, Blanchard JJ.
Case name
Te Whanau O Rangiwhakaahu Hapu Charitable Trust Inc and Friends of Matapouri Inc v Chief Execuitve, Land Information New Zealand  and Attorney-General
Case number
SC 31/2013
Summary
Civil Appeal – Cadastral Survey Act 2002, s 52 – Whether the Court of Appeal was correct to decline to judicially review the Surveyor-General’ s refusal to exercise his power in s 52 of the Cadastral Survey Act to require correction of the cadastral survey data set – Costs – Whether the Court of Appeal was correct in its approach to costs. [2013] NZCA 33    CA67/2011
Dates

Application for  leave to appeal dismissed.
Costs $2,500 plus reasonable disbursements to the respondents.
9 July 2013.
Case name
Worthy Redeemed (aka Lee Errol James Silvester) v The Queen
Case number
SC 32/2013
Summary
Evidence – Whether the Court of Appeal erred in declining to admit new evidence from Professor John Raine as it is alleged that the admission of this evidence might reasonably have resulted in different verdicts – Whether the Court of Appeal erred in holding that the propensity evidence of Ryan Moore was admissible and that the trial Judge’s directions in relation to it were adequate.    [2013] NZCA 61   CA 408/2011
Dates

Application for leave to appeal dismissed.
12 June 2013.
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