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
Frucor Suntory New Zealand Limited v Commissioner of Inland Revenue
Case number
SC 81/2020
Summary
Civil Appeal
Result
A The application for leave to appeal (SC 81/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
C The application for leave to appeal (SC 92/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
D The approved ground of appeal is whether the Court of Appeal was correct to hold that shortfall penalties do not apply.
18 December 2020
________________________________________________
A The appeal is dismissed.
B The cross-appeal is allowed with the result that the appellant’s challenge to shortfall penalties is dismissed.
C The appellant must pay the respondent costs of $45,000 plus usual disbursements.
30 September 2022
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
C The application for leave to appeal (SC 92/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
D The approved ground of appeal is whether the Court of Appeal was correct to hold that shortfall penalties do not apply.
18 December 2020
________________________________________________
A The appeal is dismissed.
B The cross-appeal is allowed with the result that the appellant’s challenge to shortfall penalties is dismissed.
C The appellant must pay the respondent costs of $45,000 plus usual disbursements.
30 September 2022
Date of hearing
08 June 2021
- 10 June 2021
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Transcripts
- Hearing date 8 - 10 June 2021 (PDF, 1 MB)
Case Synopses
- Case Synopsis Frucor Suntory (PDF, 410 KB)
Media Releases
- MR [2022] NZSC 113 (PDF, 195 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
M v Attorney General (in respect of the Ministry of Health), Waitemata District Health Board and Capital and Coast District Health Board
Case number
SC 82/2020
Summary
Civil Appeal
Result
A The application for leave to appeal is granted in part (M (CA677/2017) v Attorney-General [2020] NZCA 311).
B The approved question is:
Was the applicant detained unlawfully after 20 December 2008 because the direction of the Attorney-General under s 31(4) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 that he be detained as a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was not issued until 14 January 2009, and, if so, for how long?
C In all other respects the application for leave to appeal is dismissed.
16 December 2020
The application for reconsideration of the approved question on which leave was given in this Court’s judgment of 16 December 2020 (M (SC 82/2020) v Attorney-General [2020] NZSC 145) is dismissed.
23 March 2021
____________________________________________________________
A The appeal is allowed.
B A declaration is made that the appellant was detained unlawfully from 21 December 2008 until 14 January 2009.
17 September 2021
B The approved question is:
Was the applicant detained unlawfully after 20 December 2008 because the direction of the Attorney-General under s 31(4) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 that he be detained as a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was not issued until 14 January 2009, and, if so, for how long?
C In all other respects the application for leave to appeal is dismissed.
16 December 2020
The application for reconsideration of the approved question on which leave was given in this Court’s judgment of 16 December 2020 (M (SC 82/2020) v Attorney-General [2020] NZSC 145) is dismissed.
23 March 2021
____________________________________________________________
A The appeal is allowed.
B A declaration is made that the appellant was detained unlawfully from 21 December 2008 until 14 January 2009.
17 September 2021
Date of hearing
27 April 2021
Judges
Winkelmann CJ, William Young, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 27 April 2021 (PDF, 372 KB)
Media Releases
- MR [2021] NZSC 118 (PDF, 195 KB)
High Court decision
Court of Appeal decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Substantive judgment
Case name
W v S, H L and L
Case number
SC 91/2020
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 rmetrial. 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 rmetrial. Publication in law report or law digest permitted. 26 November 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited
Case number
SC 92/2020
Summary
Civil Appeal
Result
A The application for leave to appeal (SC 81/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
C The application for leave to appeal (SC 92/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
D The approved ground of appeal is whether the Court of Appeal was correct to hold that shortfall penalties do not apply.
18 December 2020
____________________________________
A The appeal is dismissed.
B The cross-appeal is allowed with the result that the appellant’s challenge to shortfall penalties is dismissed.
C The appellant must pay the respondent costs of $45,000 plus usual disbursements.
30 September 2022
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
C The application for leave to appeal (SC 92/2020) against the Court of Appeal’s decision is granted (Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited [2020] NZCA 383).
D The approved ground of appeal is whether the Court of Appeal was correct to hold that shortfall penalties do not apply.
18 December 2020
____________________________________
A The appeal is dismissed.
B The cross-appeal is allowed with the result that the appellant’s challenge to shortfall penalties is dismissed.
C The appellant must pay the respondent costs of $45,000 plus usual disbursements.
30 September 2022
Date of hearing
08 June 2021
- 10 June 2021
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case Synopses
- Case Synopsis Frucor Suntory (PDF, 410 KB)
Media Releases
- MR [2022] NZSC 113 (PDF, 195 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
S v The Queen
Case number
SC 99/2020
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 December 2020
17 December 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
M v The Queen
Case number
SC 100/2020
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 December 2020
17 December 2020
High Court decision
Not publicly available
High Court decision
Not publicly available
Case name
H v Minister of Immigration
Case number
SC 104/2020
Summary
Civil Appeal
Result
A Leave to appeal is granted (H v The Minister of Immigration [2020] NZCA 562).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
19 March 2021
______________________________________________________________
A The appeal is dismissed on the basis set out at [32]–[33].
B Costs are reserved.
23 December 2021
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
19 March 2021
______________________________________________________________
A The appeal is dismissed on the basis set out at [32]–[33].
B Costs are reserved.
23 December 2021
Date of hearing
20 July 2021
Judges
Winkelmann CJ, William Young, Glazebrook, O’Regan and Arnold JJ
Transcripts
- Hearing date 12 March 2021 (PDF, 168 KB)
- Hearing date 20 July 2021 (PDF, 437 KB)
Media Releases
- MR [2021] NZSC 192 (PDF, 391 KB)
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Martin Charles Round v The Queen
Case number
SC 109/2020
Summary
Criminal Appeal - Application for leave to appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
C 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 trial. Publication in law report or law digest is permitted.
18 February 2021
B The application for leave to appeal is dismissed.
C 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 trial. Publication in law report or law digest is permitted.
18 February 2021
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
H and P v The Queen
Case number
SC 112/2020
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.
01 March 2021
01 March 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
R (SC 1/2019) V The Queen
Case number
SC 1/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A The application for leave to appeal is granted (R (CA158/2018) v R [2018] NZCA 529.
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
_________________________
The appeal is dismissed.
16 August 2019
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
_________________________
The appeal is dismissed.
16 August 2019
Transcripts
- Hearing date 14 May 2019 (PDF, 137 KB)
Media Releases
- MR [2019] NZSC 87 (PDF, 62 KB)
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave granted
R (SC 1/2019) v R [2019] NZSC 10 [21 February 2019] (PDF, 180 KB)
Substantive judgment
R (SC 1/2019) v R [2019] NZSC 87 [16 August 2019] (PDF, 127 KB)
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