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
C v The Queen
Case number
SC 29/2021
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. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
Date of hearing
05 November 2021
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Shane Dromgool, Dorothy Dromgool, Alan Darvall Poulton, Jennifer Poulton and Newman Farms Limited v Minister for Land Information
Case number
SC 32/2021
Summary
Civil Appeal
Result
A The application for leave to appeal is granted in part (Minister for Land Information v Dromgool [2021] NZCA 44). The approved question is:
Whether the Court of Appeal was correct in its interpretation of the role and obligations of the Minister for Land Information in deciding an application under s 186(1) of the Resource Management Act 1991 and, in particular, whether the Minister must be satisfied that the proposed taking is fair, sound and reasonably necessary for achieving the objectives of the network utility operator or whether it is sufficient that the Minister is satisfied the proposed taking is capable of meeting that test.
B The application for leave to appeal is otherwise dismissed.
24 June 2021
__________________________________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $25,000 plus usual disbursements.
22 December 2022
Whether the Court of Appeal was correct in its interpretation of the role and obligations of the Minister for Land Information in deciding an application under s 186(1) of the Resource Management Act 1991 and, in particular, whether the Minister must be satisfied that the proposed taking is fair, sound and reasonably necessary for achieving the objectives of the network utility operator or whether it is sufficient that the Minister is satisfied the proposed taking is capable of meeting that test.
B The application for leave to appeal is otherwise dismissed.
24 June 2021
__________________________________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $25,000 plus usual disbursements.
22 December 2022
Date of hearing
22 March 2022
Judges
Winkelman CJ, William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 22 March 2022 (PDF, 588 KB)
Media Releases
- MR [2022] NZSC 157 (PDF, 202 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Richard Ciliang Yan v Mainzeal Property and Construction Limited (in Liquidation) And Ors
Case number
SC 48/2021
Summary
Civil Appeal and Cross Appeal
Result
A Leave to appeal is granted (Yan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99).
B Leave to cross appeal is granted.
6 September 2021
_________________________________________________________________________________________________________
A The appeals by the directors are dismissed.
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
B Leave to cross appeal is granted.
6 September 2021
_________________________________________________________________________________________________________
A The appeals by the directors are dismissed.
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
Date of hearing
07 March 2022
- 11 March 2022
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Transcripts
- Hearing date 7 - 11 March 2022 (PDF, 2 MB)
Case Synopses
- Hearing Mon 7 March - Fri 11 March 2022 (PDF, 436 KB)
Media Releases
- MR [2023] NZSC 113 (PDF, 342 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
H (SC 49/2021) v The Queen
Case number
SC 49/2021
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. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
Date of hearing
15 November 2021
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Peter Gomm, Jennifer Mary Shipley and Clive William Charles Tilby v Mainzeal Property and Construction Limited (in liquidation), Andrew James Bethell, Richard Ciliang Yan and Andrew McKay
Case number
SC 52/2021
Summary
Civil Appeal and Cross Appeal
Result
A The appeals by the directors are dismissed.
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
Date of hearing
07 March 2022
- 11 March 2022
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Transcripts
- Hearing date 7 - 11 March 2022 (PDF, 2 MB)
Case Synopses
- Hearing Mon 7 March - Fri 11 March 2022 (PDF, 436 KB)
Media Releases
- MR [2023] NZSC 113 (PDF, 342 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
M v The Queen
Case number
SC 53/2021
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 June 2021
17 June 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
M (SC 56/2021) v The Queen
Case number
SC 56/2021
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
Case name
Malcolm Bruce Moncrief-Spittle and David Cumin v Regional Facilities Auckland Ltd and Auckland Council
Case number
SC 57/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (Moncrief Spittle v Regional Facilities Auckland Ltd [2021] NZCA 142).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against the High Court’s substantive decision.
5 August 2021
_________________________________________________________________________
A The appeal is dismissed.
B Leave to adduce the affidavit of 18 February 2022 of David Cumin is declined.
C Costs are reserved.
5 December 2022
_____________________________________________________________________________
The appellants must pay the respondents costs of $10,000.
14 March 2023
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against the High Court’s substantive decision.
5 August 2021
_________________________________________________________________________
A The appeal is dismissed.
B Leave to adduce the affidavit of 18 February 2022 of David Cumin is declined.
C Costs are reserved.
5 December 2022
_____________________________________________________________________________
The appellants must pay the respondents costs of $10,000.
14 March 2023
Date of hearing
21 February 2022
- 22 February 2022
Judges
Winkelmann CJ, William Young, Glazebrook . O'Regan and Ellen France JJ
Transcripts
- Hearing date 21 - 22 February 2022 (PDF, 770 KB)
Case Synopses
- Hearing date 21 February 2022 (PDF, 188 KB)
Media Releases
- MR [2022] NZSC 138 (PDF, 193 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
H (SC 60/2021) v The Queen
Case number
SC 60/2021
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.
8 July 2021
8 July 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
C (SC 62/2021) v The Queen
Case number
SC 62/2021
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.minal Appeal - Application for leave to bring an appeal.
Court of Appeal decision
Not publicly available
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