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
Justin Richard Burke v The King
Case number
SC 75/2022
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Burke v R [2022] NZCA 279).
B The approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
21 October 2022
__________________________________________________________________________________
A The appeal is allowed.
B We seek submissions from counsel on the consequential orders that should follow, as set out at [175] of the reasons of the Court.
22 April 2024
_________________________________________________________________________________
A The appellant’s conviction for manslaughter is quashed.
B An order is made under ss 234(2) and 241(2) of the Criminal Procedure Act 2011 substituting a conviction for injuring with intent to injure under s 189(2) of the Crimes Act 1961.
C An order is made under ss 234(5) and 241(2) of the Criminal Procedure Act 2011 substituting a sentence of three years’ imprisonment.
16 May 2024
B The approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
21 October 2022
__________________________________________________________________________________
A The appeal is allowed.
B We seek submissions from counsel on the consequential orders that should follow, as set out at [175] of the reasons of the Court.
22 April 2024
_________________________________________________________________________________
A The appellant’s conviction for manslaughter is quashed.
B An order is made under ss 234(2) and 241(2) of the Criminal Procedure Act 2011 substituting a conviction for injuring with intent to injure under s 189(2) of the Crimes Act 1961.
C An order is made under ss 234(5) and 241(2) of the Criminal Procedure Act 2011 substituting a sentence of three years’ imprisonment.
16 May 2024
Date of hearing
20 March 2023
- 21 March 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams, Kós JJ | Venue Christchurch High Court Courtroom 12
Submissions from counsel
- Hearing 20 March 2023 Appellant Submissions (PDF, 428 KB)
- Hearing 20 March 2023 Respondent Submissions (PDF, 1.1 MB)
- Hearing 20 March 2023 Intervener Submissions CBA (PDF, 910 KB)
- Hearing 20 March 2023 Intervener Submissions (PDF, 6.4 MB)
Transcripts
Case Synopses
- Hearing date 20 March and 21 March 2023 (PDF, 334 KB)
Media Releases
- MR [2024] NZSC 37 (PDF, 303 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Substantive judgment
JUSTIN RICHARD BURKE v R [2024] NZSC 59 [16 May 2024] (PDF, 181 KB)
Videos
- Justin Richard Burke v The King SC 75/2022 - 21 March 2023 (Recorded, 21 March 2023)
- Justin Richard Burke v The King SC 75/2022 - 20 March 2023 (Recorded, 20 March 2023)
Case name
H (SC 77/2022) v The Queen
Case number
SC 77/2022
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 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.
25 August 2022
25 August 2022
Court of Appeal decision
Not publicly available
Case name
Cloud Ocean Water Limited v Aotearoa Water Action Incorporated, Canterbury Regional Council and Southridge Holdings Limited
Case number
SC 82/2022
Summary
Civil Appeal
Result
A Leave to appeal is granted (Aotearoa Water Action Inc v Canterbury Regional Council [2022] NZCA 325).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
17 November 2022
________________________________________________
A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus usual disbursements.
C There is no order as to costs in favour of or against the second or third respondent or the Intervener.
20 November 2023
B The approved question is whether the Court of Appeal was correct to allow the appeal.
17 November 2022
________________________________________________
A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus usual disbursements.
C There is no order as to costs in favour of or against the second or third respondent or the Intervener.
20 November 2023
Date of hearing
22 March 2023
- 23 March 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and French JJ | Venue: Christchurch High Court Courtroom 12
Submissions from counsel
- Hearing 22 and 23 March 2023 Appellant submissions (PDF, 435 KB)
- Hearing 22 and 23 March 2023 First Respondent Submissions (PDF, 445 KB)
- Hearing 22 and 23 March 2023 Second Respondent Submissions (PDF, 174 KB)
- Hearing 22 and 23 March 2023 Third Respondent Submissions (PDF, 346 KB)
- Hearing 22 and 22 March 2023 Intervener Submissions (PDF, 333 KB)
Transcripts
- Hearing date 22 - 23 March 2023 (PDF, 1.2 MB)
Case Synopses
- Hearing date 22 March and 23 March 2023 (PDF, 699 KB)
Media Releases
- MR [2023] NZSC 153 (PDF, 297 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Videos
- Cloud Ocean Water Limited v Aotearoa Water Action Incorporated, Canterbury Regional Council and Rapaki Natural Resources Limited SC 82/2022 - 23 March 2023 (Recorded, 23 March 2023)
- Cloud Ocean Water Limited v Aotearoa Water Action Incorporated, Canterbury Regional Council and Rapaki Natural Resources Limited SC 82/2022 - 22 March 2023 (Recorded, 22 March 2023)
Case name
W v The King
Case number
SC 94/2022
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.
14 October 2022
14 October 2022
Court of Appeal decision
Not publicly available
Case name
Steven Richard Young v Attorney-General
Case number
SC 98/2022
Summary
Civil Appeal
Result
A Leave to appeal is granted (Young v Attorney-General [2022] NZCA 391).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
14 December 2022
__________________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
30 October 2023
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
14 December 2022
__________________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
30 October 2023
Date of hearing
14 March 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Submissions from counsel
- Hearing 14 March 2023 Appellant submissions (PDF, 1.5 MB)
- Hearing 14 March 2023 Appellant oral outline (PDF, 711 KB)
- Hearing 14 March 2023 Respondent submissions (PDF, 3.7 MB)
Transcripts
Media Releases
- SC 98 2022 Young v AG press release 30 October 2023 (PDF, 288 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
D v The King
Case number
SC 99/2022
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.
17 October 2022
17 October 2022
Court of Appeal decision
Not publicly available
Case name
Local Government Mutual Funds Trustee Limited v Napier City Council
Case number
SC 103/2022
Summary
Civil Appeal
Result
A The application for leave to appeal is granted (Napier City Council v Local Government Mutual Funds Trustee Ltd [2022] NZCA 422).
B The approved question is whether the Court of Appeal was correct:
(a) in its interpretation of exclusion 13(a) of the Protection Wording; and
(b) in its consequent finding that the claim by the respondent in relation to its liability to owners of apartments in the Waterfront Apartments complex was excluded by exclusion 13(a) only to the extent that the respondent’s liability arose directly or indirectly out of, or in respect of, weathertightness defects.
21 December 2022
______________________________________________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel.
1 August 2023
B The approved question is whether the Court of Appeal was correct:
(a) in its interpretation of exclusion 13(a) of the Protection Wording; and
(b) in its consequent finding that the claim by the respondent in relation to its liability to owners of apartments in the Waterfront Apartments complex was excluded by exclusion 13(a) only to the extent that the respondent’s liability arose directly or indirectly out of, or in respect of, weathertightness defects.
21 December 2022
______________________________________________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel.
1 August 2023
Date of hearing
27 April 2023
Judges
Winkelmann CJ, O'Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing 27 April 2023 Appellant Submissions (PDF, 7.9 MB)
- Hearing 27 April 2023 Appellant oral outline (PDF, 318 KB)
- Hearing 27 April 2023 Respondent Submissions (PDF, 681 KB)
- Hearing 27 April 2023 Respondent Oral Outline (PDF, 779 KB)
- Hearing 27 April 2023 Joint Chronology (PDF, 347 KB)
Transcripts
- Hearing date 27 April 2023 (PDF, 550 KB)
Case Synopses
- Hearing date 27 April 2023 (PDF, 557 KB)
Media Releases
- MR [2023] NZSC 97 (PDF, 259 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Videos
- Local Government Mutual Funds Trustee Limited v Napier City Council - SC 103/2022 (Recorded, 27 April 2023)
Case name
A, B and C v D and E Limited as Trustees of the Z Trust
Case number
SC 106/2022
Summary
Civil Appeal
Result
A Leave to appeal is granted (D and E Ltd as Trustees of the Z Trust v A, B and C [2022] NZCA 430).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
C We make an order prohibiting publication of names, addresses or identifying particulars of any persons or entities connected to this proceeding.
20 December 2022
B The approved question is whether the Court of Appeal was correct to allow the appeal.
C We make an order prohibiting publication of names, addresses or identifying particulars of any persons or entities connected to this proceeding.
20 December 2022
Date of hearing
13 June 2023
- 14 June 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Submissions from counsel
- Hearing date 13 and 14 June 2023 Appellant submissions (PDF, 461 KB)
- Hearing date 13 and 14 June 2023 Respondent submissions (PDF, 963 KB)
- Hearing date 13 and 14 June 2023 Counsel to Assist Submissions (PDF, 257 KB)
- Hearing date 13 and 14 June 2023 Joint Chronology (PDF, 545 KB)
Transcripts
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
S v The King
Case number
SC 108/2022
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.
10 November 2022
10 November 2022
Court of Appeal decision
Not publicly available
Case name
T v The King
Case number
SC 109/2022
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 retrial. 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 retrial. Publication in law report or law digest permitted. 8 September 2023
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