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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
Quentin Duane Pukeroa v The Queen
Case number
SC 146/2013
Summary
Criminal Appeal – Appeal against conviction and sentence – Sentencing Act 2002, ss 23, 85 and 103 – Whether the Court of Appeal erred in finding that the trial Judge was not required to put to the jury a possible alternative basis of conviction for manslaughter – Whether the Court of Appeal erred in finding that taking into account the appellant’ s other offending in fixing the minimum period of imprisonment for the murder did not infringe the prohibition on imposing a sentence cumulatively on an indeterminate sentence of imprisonment.[2013] NZCA 305 CA 886/2010
Dates

Application for leave to appeal dismissed.

26 March 2014.
Case name
NT v The Queen
Case number
SC 147/2013
Summary
Criminal Appeal – Crimes Act 1961, s 381A – Stay of prosecution in the District Court – Whether or not this Court has jurisdiction to hear an appeal against a decision made pursuant to s 381A – Whether the Court of Appeal erred in holding that District Court Judge’s question was a question of law – Whether the Court of Appeal erred in making a finding on a question of fact, not law.[2013] NZCA 589  CA 391/2013
Dates

Leave hearing
3 April 2014.
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.

Application for leave to appeal dismissed.
4 July 2014
Case name
CA v The Queen
Case number
SC 148/2013
Summary
Criminal Appeal – Search and Surveillance Act 2012, s 14 – Whether or not the Court of Appeal erred in finding that s 14 of the Search and Surveillance Act 2012 authorises forcible entry by police – Whether or not the Court of Appeal erred in finding the evidence to be admissible.                                                         [2013] NZCA 631  CA 455/2013
Dates

 Application for leave to appeal dismissed.

5 March 2014
Case name
Kerryn Mitchell v The Queen
Case number
SC 149/2013
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence – Whether the sentence imposed of 2 years 1 month was manifestly unjust – Whether there has been a breach of natural justice rights under the New Zealand Bill of Rights Act 1990, s 27.[2013] NZCA  583   CA 657/2013
Leave judgment - leave dismissed
KERRYN MITCHELL v R [2014] NZSC 48 [2 May 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

2 May 2014.

 
Case name
Jay Maui Wallace v Chief Executive of Department of Corrections
Case number
SC 1/2012
Summary
Habeus Corpus – Whether Appellant is subject to the laws of New Zealand – Whether Appellant is being arbitrarily detained because of alleged procedural failings pertaining to hearings in the High Court and Court of Appeal.[2011] NZCA  678  CA 783/2011
Dates
Application for leave to appeal dismissed.
21 March 2012.
Case name
Paul Desmond Currie v The Queen
Case number
SC 2/2012
Summary
Criminal Appeal – Miscarriage of justice – Crimes Act 1961, s 385(1)(c) – The Applicant was convicted of one charge of blackmail pursuant to s 237(1)(b) of the Crimes Act 1961 – The Applicant asserts that the document this conviction was based on was a forgery and that a witness committed perjury – Whether the Court of Appeal erred in dismissing his appeal against conviction.    [2011] NZCA  624   CA 690/2010
Dates
Application for leave to appeal dismissed.
30 March 2012.
Case name
Joseph Quintin Donnelly  v The Queen
Case number
SC 3/2012
Summary
Criminal Appeal – Admission of new evidence – Appeal against a decision of the Court of Appeal which declined leave to adduce new evidence relating to DNA testing – Whether the Court of Appeal erred in concluding that the DNA evidence was neither fresh nor cogent[2011] NZCA  660  CA 644/2010
Dates

Application for leave to appeal dismissed.

29 March 2012.
Case name
LLT  v The Queen
Case number
SC 4/2012
Summary
Pretrial ruling – change of venue.[2011] NZCA  617  CA 694/2011
Dates
Notice of Abandonment being filed the application for leave to appeal is deemed to be dismissed.
9 February 2012.
Case name
Malcolm Edward Rabson v Linda Gallagher and others.
Case number
SC 5/2012
Summary
Civil Appeal – division of property - Property (Relationship) Act 1976 – whether the Court of Appeal erred in failing to take into account relevant considerations regarding separate property owned by the applicant – whether the Court of Appeal erred in making factual findings – whether the Court of Appeal failed to apply basic legal principles – whether the Court of Appeal took into account irrelevant considerations in relation to the Family Trust– whether the Court of Appeal erred in treating the Applicant as having the same legal personality as the Third Respondent – whether the Court of Appeal erred in failing to afford separate legal representation to a minor.[2011] NZCA  669  CA 507/2010, CA 726/2010
Dates
Application for leave to appeal dismissed, with costs of $4,000 to the first respondent.
16 April 2012.
Case name
B v The Queen
Case number
SC 6/2012
Summary
Criminal Appeal – Evidence – Evidence Act 2006, s 25 – Admissibility of expert opinion evidence – Appeal against the decision of the Court of Appeal, which held that the trial Judge’s refusal to allow the defence to call an expert did not cause a miscarriage of justice – Whether the Court of Appeal erred in concluding that the applicant was not prejudiced by this refusal[2011] NZCA 654  CA 196/2010
Dates
Application for leave to appeal dismissed.
3 April 2012.
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