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
B The approved questions are:
(i) whether the Court of Appeal was correct to refuse leave to adduce the evidence of Mr Wilson and, if so, whether a miscarriage of justice arose as a result of this evidence not being before the jury at the applicant’s trial; and
(ii) whether the Court of Appeal was correct to conclude that evidence of the complainants’ previous convictions was inadmissible at the applicant’s trial, or that, if any of it was admissible, its exclusion did not cause a miscarriage of justice.
3 July 2020
__________________________
A The application to adduce new evidence is granted.
B The appeal is allowed.
C The appellant’s convictions are quashed.
D A retrial is ordered.
E We make an 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 the retrial. Publication in law report or law digest is permitted.
14 December 2020
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
17 July 2020
____________________________________________________________
A The appeal is dismissed.
B Leave is reserved to a party to apply to the High Court for directions if necessary.
C Costs are reserved.
30 September 2021
- Hearing date 17-19 November 2020 (PDF, 1.3 MB)
- MR [2021] NZSC 127 (PDF, 193 KB)
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
27 July 2020
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A The appeal is allowed. The judgments of the High Court and Court of Appeal are set aside and judgment is entered for the appellants.
B The application to adduce further evidence is dismissed.
C The respondent must pay the appellants costs of $30,000 plus usual disbursements. We certify for second counsel.
D Costs should be re-determined in the Courts below in light of this judgment.
14 July 2021
- MR [2021] NZSC 85 (PDF, 289 KB)
19 June 2020
12 June 2020
B The approved question is whether the Court of Appeal's decision was correct.
17 November 2020
___________________________________________________________
A Mr Berkland’s appeal in SC 40/2020 is allowed. His sentence of 12 years and nine months’ imprisonment, together with a 50 per cent MPI, is quashed, and a sentence of eight years and eight months’ imprisonment is substituted.
B Mr Harding’s appeal in SC 64/2020 is allowed. His sentence of 28 and a half years is quashed, and a new sentence of 21 years is substituted. There is no adjustment to the MPI.
7 December 2022
- Hearing date 23 - 24 March 2021 (PDF, 799 KB)
- Hearing date 23 March 2021 (PDF, 288 KB)
- MR [2022] NZSC 143 (PDF, 261 KB)
B The application for leave to appeal against conviction is dismissed (Harding v R [2019] NZCA 259).
C The application for leave to appeal against sentence is granted (Harding v R [2020] NZCA 217). The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
D The Registrar is to set down the appeal against sentence to be heard together with the appeal against sentence in Berkland v R [2020] NZSC 125.
17 November 2020
B The application for leave to appeal against conviction is dismissed (Harding v R [2019] NZCA 259).
C The application for leave to appeal against sentence is granted (Harding v R [2020] NZCA 217). The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
D The Registrar is to set down the appeal against sentence to be heard together with the appeal against sentence in Berkland v R [2020] NZSC 125.
17 November 2020
________________________________________________________________
A Mr Berkland’s appeal in SC 40/2020 is allowed. His sentence of 12 years and nine months’ imprisonment, together with a 50 per cent MPI, is quashed, and a sentence of eight years and eight months’ imprisonment is substituted.
B Mr Harding’s appeal in SC 64/2020 is allowed. His sentence of 28 and a half years is quashed, and a new sentence of 21 years is substituted. There is no adjustment to the MPI.
7 December 2022
- Hearing date 23 - 24 March 2021 (PDF, 799 KB)
- Hearing date 23 March 2021 (PDF, 288 KB)
- MR [2022] NZSC 143 (PDF, 261 KB)
B The approved question is whether the Court of Appeal was correct to find that s 106 of the Sentencing Act 2002 does not apply to Mr Fitzgerald.
C The application for leave to appeal is otherwise dismissed.
D The application to amend the applicant’s notice of application for leave to appeal is dismissed.
3 November 2020
_______________________________________________________
A The appeal against conviction is dismissed.
B The appeal against sentence is allowed. The proceeding is remitted to the High Court for re-sentencing.
7 October 202
- Hearing date 23 February 2021 (PDF, 536 KB)
- MR [2021] NZSC 131 (PDF, 197 KB)
B The approved question is whether the Court of Appeal was correct to allow the appeal.
18 December 2020
_______________________________________________________
A The appeal is allowed.
B The declaration made by the Court of Appeal that the respondent qualifies for registration under the Charities Act 2005 is set aside.
C There is no order as to costs.
28 June 2022
- Hearing date 24 June 2021 (PDF, 819 KB)
- Hearing date 24 June 25 June 2021 (PDF, 428 KB)
- MR [2022] NZSC 80 (PDF, 320 KB)