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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
Attorney-General v Mariya Ann Taylor and Robert Roper
Case number
SC 23/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (Taylor v Roper [2020] NZCA 268 reissued 16 December 2021 and Taylor v Roper [2021] NZCA 691).
B Leave to the First Respondent to cross appeal is granted.
17 May 2022
________________________________________________________
A The appeal is allowed. We uphold the conclusion of the High Court Judge dismissing the claim by Ms Taylor for compensatory damages in relation to false imprisonment.
B The cross appeal is dismissed.
C Costs are reserved.
12 May 2023
________________________________________________________
A There are no costs orders in this Court.
B Costs in the Courts below are to be dealt with by those Courts.
4 July 2023
Date of hearing
05 October 2022
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and William Young JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
M v ROPER [2018] NZHC 2330 [5 September 2018]
Court of Appeal decision
TAYLOR v ROPER [2021] NZCA 691 [16 December 2021]
Leave judgment - leave granted
ROBERT ROPER v MARIYA ANN TAYLOR [2022] NZSC 62 [17 May 2022] (PDF, 42 KB)
Substantive judgment
ROBERT ROPER v MARIYA ANN TAYLOR [2023] NZSC 49 [12 May 2023] (PDF, 211 KB)
Supreme court decision
costs: ROBERT ROPER v MARIYA ANN TAYLOR [2023] NZSC 79 [3 July 2023]
Case name
The Attorney-General and The Chief Executive, Ara Poutama Aotearoa Department of Corrections v Mark David Chisnall
Case number
SC 26/2022
Summary
Civil Appeal
Result
A Leave to appeal and to cross-appeal is granted (Chisnall v Attorney-General [2021] NZCA 616 and Chisnall v Attorney-General [2022] NZCA 24).
B The approved questions are as follows:
(a) Whether the Court of Appeal was correct to make declarations that Part 1A of the Parole Act 2002 [extended supervision orders] and the Public Safety (Public Protection Orders) Act 2014 [public safety orders] are inconsistent with s 26(2) of the New Zealand Bill of Rights Act 1990 [the Bill of Rights]; and
(b) Whether the Court of Appeal was correct not to make declarations that extended supervision orders and public safety orders are inconsistent with ss 9, 22, 23(5), 25(a), (c) and (d), and 26(1) of the Bill of Rights.
22 June 2022
Date of hearing
03 April 2023 - 04 April 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
High Court decision
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2019] NZHC 3126 [28 November 2019]
Court of Appeal decision
CHISNALL v THE ATTORNEY-GENERAL [2021] NZCA 616 [22 November 2021]
Court of Appeal decision
CHISNALL v THE ATTORNEY-GENERAL (NO 2) [2022] NZCA 24 [22 February 2022]
Leave judgment - leave granted
ATTORNEY-GENERAL v MARK DAVID CHISNALL [2022] NZSC 77 [22 June 2022] (PDF, 36 KB)
Videos
Case name
S (SC 28/2022) v Youth Court Manukau and Attorney-General
Case number
SC 28/2022
Summary
Civil Appeal - Application for leave to bring an appeal
_____________________________________

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
Case name
Jason Brendon Philip v The King
Case number
SC 32/2022
Summary
Criminal Appeal
Result
A The appeal against sentence is allowed. The sentence of two years and 11 months’ imprisonment is quashed and a sentence of one year and seven months is substituted.
B The standard conditions under s 14(1) of the Parole Act 2002 apply but expire on the sentence expiry date.
16 December 2022
Date of hearing
08 September 2022
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Submissions from counsel
Transcripts
Media Releases
High Court decision
R v PHILIP [2021] NZHC 2393 [13 September 2021]
Court of Appeal decision
KENNY LESLIE MCMILLAN v R [2022] NZCA 128 [11 April 2022]
Leave judgment - leave granted
JASON BRENDON PHILIP v R [2022] NZSC 88 [20 July 2022] (PDF, 177 KB)
Substantive judgment
JASON BRENDON PHILIP v R [2022] NZSC 149 [16 December 2022] (PDF, 186 KB)
Case name
Kaine Van Hemert v The King
Case number
SC 38/2022
Summary
Criminal Appeal
Result
A The applications for an extension of time to apply for leave to appeal against the decision of the Court of Appeal (R v Van Hemert [2021] NZCA 261) [the Court of Appeal judgment] and the decision of the High Court (R v Van Hemert [2021] NZHC 2877) resentencing Mr Van Hemert [the resentencing judgment] are granted.

B Leave to appeal against the Court of Appeal judgment and the resentencing judgment is granted.

C The approved question is whether the Court of Appeal was correct to conclude that the presumption in favour of life imprisonment in s 102 of the Sentencing Act 2002 was not displaced given the circumstances of the offence and of the applicant.
3 August 2022
___________________________________________________________________________________________________________________________

A The appeal against sentence is allowed.
B The minimum period of imprisonment of 11 years and six months is quashed and a minimum period of imprisonment of 10 years is substituted.
31 August 2023
Date of hearing
18 November 2022
Judges
Glazebrook, O’Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
R v VAN HEMERT [2021] NZHC 2877 [28 October 2021]
Leave judgment - leave granted
KAINE VAN HEMERT v R [2022] NZSC 94 [3 August 2022] (PDF, 191 KB)
Substantive judgment
KAINE VAN HEMERT v R [2023] NZSC 116 [31 August 2023] (PDF, 471 KB)
Case name
C (SC 41/2022) v The Queen
Case number
SC 41/2022
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.
15 June 2022
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
C (SC 56/2022) v The Queen
Case number
SC 56/2022
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.
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
S (SC 57/2022) v W
Case number
SC 57/2022
Summary
ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERENT 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.
15 July 2022
__________________________________________________
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.
22 December 2022
Court of Appeal decision
Not publicly available
Case name
R (SC 64/2022) v Chief Executive of the Department of Corrections
Case number
SC 64/2022
Summary
Criminal Appeal
Result
A Leave to appeal is granted (R (CA586/2021) v Chief Executive of the Department of Corrections [2022] NZCA 225).
B The approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?
11 April 2023
_________________________________________________________
The application for recusal is dismissed.
26 April 2023
_________________________________________________________
A The application by the respondent to adduce further evidence is granted.
B The appeal is allowed.
C The proceeding is remitted to the High Court for reconsideration in light of this judgment and any further evidence adduced in that Court. Pending the High Court’s decision on review under s 107RA(5) of the Parole Act, the appellant remains subject to the extended supervision order.
7 May 2024
Date of hearing
08 August 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R (CRI-2021-409-11) [2021] NZHC 2276 [31 August 2021]
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 31 [11 April 2023] (PDF, 33 KB)
Supreme court decision
Recusal decision: R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 40 [26 April 2023] (PDF, 162 KB)
Substantive judgment
R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2024] NZSC 47 [7 May 2024] (PDF, 279 KB)
Videos
Case name
A (SC 70/2022) v The Minister of Internal Affairs
Case number
SC 70/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (A (CA677/2020) v The Minister of Internal Affairs [2022] NZCA 257).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
16 March 203
___________________________________________________________
A The appeal is allowed.
B A declaration is made that the Minister’s decision to cancel the appellant’s passport was unlawful and invalid.
C The respondent must pay the appellant costs of $30,000 plus usual disbursements.
5 June 2024
Date of hearing
24 July 2023 - 25 July 2023
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France, and Kós JJ
Transcripts
Media Releases
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
A (SC 70/2022) v MINISTER OF INTERNAL AFFAIRS [2023] NZSC 21 [16 March 2023 (PDF, 136 KB)
Supreme court decision
A (SC 70/2022) v MINISTER OF INTERNAL AFFAIRS [2024] NZSC 63 [5 June 2024] (PDF, 431 KB)
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