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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
Stanley Williard Hamon v The Queen
Case number
SC 136/2013
Summary
Criminal Appeal – Evidence Act 2006 – Whether the Court of Appeal erred in stating the law applicable to appeals brought on the basis of recanted evidence – Whether the Court of Appeal erred in determining that the recantation was untrue and there should be no retrial.[2013] NZCA 540  CA 183/2013
Leave judgment - leave dismissed
STANLEY WILLARD HAMON v R [2014] NZSC 39 [16 April 2014] (PDF, 92 KB)
Dates

Application for leave to appeal dismissed.

16 April 2014
Case name
Vincent Ross Siemer v Attorney-General
Case number
SC 137/2013
Summary
Civil appeal – whether the Court of Appeal erred in upholding the decision of the Registrar of that Court not to dispense with security for costs.  [2013] NZCA 540  CA 309/2013
Leave judgment - leave dismissed
VINCENT ROSS SIEMER v ATTORNEY-GENERAL OF NEW ZEALAND [2014] NZSC 8 [19 February 2014] (PDF, 80 KB)
Dates

Application for leave to appeal dismissed.
Costs $2,5000 to the respondent plus reasonable disbursements.
19 February 2014.
Case name
Vincent Ross Siemer v Michael Richard  Heron and others
Case number
SC 138/2013
Summary
Civil Appeal – Judicature Act 1908 – Whether the decision of the Associate Judge was made in chambers or in open court – Whether the Associate Judge’s decision could be the subject of a direct appeal to the Court of Appeal – Whether any of the Judges in the Court of Appeal had a conflict of interest or apparent bias.[2013] NZCA 599  CA 442/2013
Leave judgment - leave dismissed
VINCENT ROSS SIEMER v MICHAEL RICHARD HERON [2014] NZSC 35 [4 April 2014] (PDF, 59 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay costs of $2,500 to the second respondent.

4 April 2014.

Application for recall dismissed.

8 April 2014.
Case name
Gibbston Downs Wines Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 139/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 82/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
Case name
Spinach Design Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 140/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 83/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
Case name
Firm PI 1 Limited v Zurich Australian Insurance Limited and Body Corporate 398983
Case number
SC 141/2013
Summary
Civil Appeal – Insurance – Earthquake Commission Act 1993 – Whether the Court of Appeal erred in finding that the clause in the insurance policy providing that the respondent’s liability would be limited to the amount of loss in excess of the cover under the Earthquake Commission Act limited the respondent’s liability for natural disaster damage from a single event to the difference between the maximum cover under the Act and the sum insured.[2013] NZCA 560  CA 3933/2013
Result

The application for leave to appeal is granted.

The question is whether the sum insured for buildings under the material damage section of the contract of insurance is inclusive or exclusive of sums payable to the insured by the Earthquake Commission under the Earthquake Commission Act 1993 for natural disaster damage to the insured’s buildings from the 22 February 2011 earthquake.

17 March 2014

__________________________

The appeal is dismissed.
The appellant must pay the first respondent costs of $25,000 plus reasonable disbursements.  We certify for two counsel.

15 October 2014
Transcript

Hearing date : 3 July 2014

Elias CJ, McGrath, William Young, Glazebrook,  Arnold   JJ.
Case name
John Morgan Mackenzie v Legal Services Commissioner
Case number
SC 142/2013
Summary
Civil Appeal – Legal Aid application – Whether Court of Appeal correctly dismissed the application for special leave to appeal to it from the High Court – Whether application satisfies s 14 of the Supreme Court Act 2003 to justify a direct appeal from the High Court. [2012] NZHC 3089  CIV 2012 485 1299
Leave judgment - leave dismissed
JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 23 [20 March 2014] (PDF, 13 KB)
Dates

Application for leave to appeal dismissed.
20 March 2013.
Case name
LM v The Queen
Case number
SC 143/2013
Summary
Criminal Appeal – Crimes Act 1961, ss 132 and 144A – Whether the offences in s 132 of the Crimes Act 1961 require physical contact with a child and a desire for sexual gratification – Whether New Zealand has the power to legislate against conduct beyond its own territory, in particular where the conduct is lawful in the place where it occurs – Whether or not the evidence justified the applicant’s convictions – Whether the Court of Appeal erred in upholding the applicant’s guilty plea -  [2013] NZCA 145    CA 217/2012
Result

Leave to appeal against conviction on the charge under s 144A of the Crimes Act 1961 is granted.  

The approved ground of appeal is whether s 144A criminalises offending as a party under s 66 of the Crimes Act.

The application to appeal against conviction on the charge under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993 is dismissed.

20 February 2014

______________________

Appeal dismissed.

13 August 2014
Transcript

Hearing date : 17 June 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Hao Zhang v The Minister of Immigration
Case number
SC 144/2013
Summary
Civil appeal – Judicial review – Whether the Court of Appeal correctly concluded that the Immigration and Protection Tribunal was properly constituted – Whether the Immigration and Protection Tribunal failed to consider art 10(3) of the International Covenant on Civil and Political Rights in reaching its decision. [2013] NZCA 487   CA 296/2013, CA 466/2013
Leave judgment - leave dismissed
HAO ZHANG v THE MINISTER OF IMMIGRATION [2014] NZSC 6 [19 February 2014] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed.
19 February 2014.
Case name
Roading and Asphalt Limited v South Waikato District Council
Case number
SC 145/2013
Summary
Civil Appeal – Tender methodology – Whether the respondent was in breach of a tender contract by awarding the solid waste disposal contract to a bid that was not the lowest price conforming tender – Whether the respondent was in breach of an implied obligation to treat tenderers fairly and equally, in not following the specific tender process set out in the tender contract, and in not treating the tenderers even-handedly.[2013] NZCA 566  CA 398/2012
Leave judgment - leave dismissed
ROADING AND ASPHALT LIMITED v SOUTH WAIKATO DISTRICT COUNCIL [2014] NZSC 18 [10 March 2014] (PDF, 46 KB)
Dates

The application for leave to appeal is dismissed.

The applicant must pay the respondent costs of $2,500.

10 March 2014.
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