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
Moko Puna Tua Tahi Turner v The chief Executive of the Department of Corrections
Case number
SC 64/2018
Summary
Civil Appeal – Habeas Corpus – Whether Fitzgerald J erred in denying the applicant’s application for habeas corpus
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
3 September 2018
B No order as to costs.
3 September 2018
High Court decision
Leave judgment - leave dismissed
Case name
Karl Teangiotau Nuku v The Queen
Case number
SC 65/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the applicant’s request for a transcript of the hearing of his appeal against conviction and sentence in that Court.
Result
The application for leave to appeal is dismissed. 17 October 2018
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Douglas Craig Schmuck v Opua Coastal Preservation Incorporated and Far North District Council
Case number
SC 66/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to the interpretation of the scope of easements – Whether the Court of Appeal erred by not relying on resource consents when examining the easements at issue – Whether the Court of Appeal erred in not considering the question of indefeasibility.
Result
A The application for leave to appeal is granted (Opua Coastal Preservation Incorporated v Far North District Council [2018] NZCA 262).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 February 2019
________________________________________
A The appeal is allowed.
B The decision of the second respondent as delegate of the Minister of Conservation to consent to the challenged easements referred to at [32] of the Reasons of the Court is reinstated.
C Costs are reserved.
D Leave is reserved to the parties to apply for consequential orders if required.
29 October 2019
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 February 2019
________________________________________
A The appeal is allowed.
B The decision of the second respondent as delegate of the Minister of Conservation to consent to the challenged easements referred to at [32] of the Reasons of the Court is reinstated.
C Costs are reserved.
D Leave is reserved to the parties to apply for consequential orders if required.
29 October 2019
Transcripts
- Hearing date 9 - 10 July 2019 (PDF, 589 KB)
Media Releases
- MR [2019] NZSC 118 (PDF, 71 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Phillip John Smith v The New Zealand Parole Board
Case number
SC 67/2018
Summary
Civil Appeal – Whether Court of Appeal Judge erred in upholding a Deputy-Registrar of that Court’s decision to refuse to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent. 16 October 2018
B The applicant must pay costs of $2,500 to the respondent. 16 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Neil Raymond Swain v The Queen
Case number
SC 68/2018
Summary
Criminal Appeal – Criminal Procedure Act, s 232– Whether the Court of Appeal erred in finding there was no miscarriage of justice.
Result
The application for leave to appeal is dismissed. 9 November 2018
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
George Whichman v The Queen
Case number
SC 69/2018
Summary
Not publicly available
Result
Not publicly available
Court of Appeal decision
Not publicly available
Case name
H v The Queen
Case number
SC 70/2018
Summary
ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
Result
ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
Court of Appeal decision
Not publicly available
High Court decision
Not publicly available
Case name
Quinton Paul Winders v The Queen
Case number
SC 71/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.
Result
The application for leave to appeal is dismissed. 30 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Richard Lyall Genge v Chief Executive of the Department of Corrections and The Attorney-General
Case number
SC 72/2018
Summary
Civil Appeal – Whether there are exceptional circumstances justifying a direct appeal against a decision of the High Court dismissing an application for judicial review.
Result
A The application for an extension of time to appeal is allowed.
B The application for leave to appeal is dismissed.
C No order as to costs.
5 October 2018
B The application for leave to appeal is dismissed.
C No order as to costs.
5 October 2018
High Court decision
Leave judgment - leave dismissed
Case name
Dermont Gregory Nottingham v Auckland District Court, Hemi Taka, Martin Honey and Stephanie Honey
Case number
SC 73/2018
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in holding that it did not have jurisdiction to hear the appeal against the decisions of the High Court.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondents costs of $2,500. 5 November 2018
B The applicant is to pay the respondents costs of $2,500. 5 November 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
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