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
Cecilia Victoria Uhrle v The Queen
Case number
SC 76/2019
Summary
Criminal Appeal – Whether there is jurisdiction to advance a second conviction appeal in the Supreme Court when an application for leave to appeal has already been dismissed.
Result
The application for leave to appeal is dismissed.
9 July 2020
9 July 2020
Transcripts
- Hearing date 18 February 2020 (PDF, 154 KB)
Media Releases
- MR [2020] NZSC 62 (PDF, 166 KB)
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Substantive judgment
Case name
Dermot Gregory Nottingham v The Queen
Case number
SC 83/2019
Summary
Criminal Appeal – Harassment Act 1997, s 8(1) – Criminal Procedure Act 2011, s 211(1) – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
12 December 2019
_______________
A The judgment of 12 December 2019 (Nottingham v R [2019] NZSC 144) is recalled and leave to appeal is granted in relation to the appeal against sentence.
B The approved question is whether the Court of Appeal was correct to impose the maximum period of home detention in circumstances where the offender had already served a period of home detention in relation to the offending.
20 March 2020
----------------------------------------------
A The appeal against sentence is allowed. The sentence of 12 months’ home detention imposed by the Court of Appeal is varied by replacing that sentence with a sentence of eight and a half months’ home detention with a start date of 30 July 2019.
B Having served more than 12 months’ home detention, Mr Nottingham has served that part of his sentence. The standard and special post-detention conditions imposed by the Court of Appeal remain in place for the remainder of the 12 month and six month post detention periods respectively.
C The remaining period of community work to be served by Mr Nottingham is remitted.
31 July 2020
B The application for leave to appeal is dismissed.
12 December 2019
_______________
A The judgment of 12 December 2019 (Nottingham v R [2019] NZSC 144) is recalled and leave to appeal is granted in relation to the appeal against sentence.
B The approved question is whether the Court of Appeal was correct to impose the maximum period of home detention in circumstances where the offender had already served a period of home detention in relation to the offending.
20 March 2020
----------------------------------------------
A The appeal against sentence is allowed. The sentence of 12 months’ home detention imposed by the Court of Appeal is varied by replacing that sentence with a sentence of eight and a half months’ home detention with a start date of 30 July 2019.
B Having served more than 12 months’ home detention, Mr Nottingham has served that part of his sentence. The standard and special post-detention conditions imposed by the Court of Appeal remain in place for the remainder of the 12 month and six month post detention periods respectively.
C The remaining period of community work to be served by Mr Nottingham is remitted.
31 July 2020
Date of hearing
28 May 2020
Judges
William Young, Glazebrook, O’Regan , Ellen France and Williams JJ
Transcripts
- Hearing date 28 May 2020 (PDF, 195 KB)
Media Releases
- MR [2020] NZSC 74 (PDF, 126 KB)
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Supreme court decision
Substantive judgment
Case name
Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated
Case number
SC 100/2019
Result
A Leave to appeal is granted (Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445, [2019] NZRMA 233).
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) 20 ELRNZ 312).
C There is no order as to costs.
5 November 2019
_________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
15 July 2020
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) 20 ELRNZ 312).
C There is no order as to costs.
5 November 2019
_________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
15 July 2020
Transcripts
- Hearing date 19 May 2020 (PDF, 450 KB)
Media Releases
- MR [2020] NZSC 66 (PDF, 125 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
[2020] NZSC 66 (PDF, 150 KB)
Summary
Date of hearing
19 May 2020
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case name
Bryce Brougham v Christine Anne Elizabeth Regan and Mark Jefferey Tuffin as trustees of the Winchester Trust and Racheal Christina Dey
Case number
SC 104/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that a standard form loan agreement was a contract of guarantee under s 27 of the Property Law Act 2007 – Whether imposing guarantee obligations on one of two guarantors named in a contract of guarantee is contingent on both named guarantors signing.
Result
A An extension of time to apply for leave to appeal is granted.
B Leave to appeal is granted (Regan v Brougham [2019] NZCA 401).
C The approved ground is whether the Court of Appeal was right to allow the appeal to that Court.
12 December 2019
_________________________
A The appeal is allowed.
B The orders made in the Court of Appeal are set aside and judgment is entered for the appellant.
C The respondents must pay the appellant costs of $25,000 plus usual disbursements.
D The award of costs and disbursements in the lower Courts in favour of the first respondents is set aside. Such costs and disbursements should be reassessed by the Court of Appeal in light of this judgment. The award of costs in favour of the second respondent stands.
E The first respondents’ interlocutory application to adduce further evidence is dismissed. 30 October 2020
B Leave to appeal is granted (Regan v Brougham [2019] NZCA 401).
C The approved ground is whether the Court of Appeal was right to allow the appeal to that Court.
12 December 2019
_________________________
A The appeal is allowed.
B The orders made in the Court of Appeal are set aside and judgment is entered for the appellant.
C The respondents must pay the appellant costs of $25,000 plus usual disbursements.
D The award of costs and disbursements in the lower Courts in favour of the first respondents is set aside. Such costs and disbursements should be reassessed by the Court of Appeal in light of this judgment. The award of costs in favour of the second respondent stands.
E The first respondents’ interlocutory application to adduce further evidence is dismissed. 30 October 2020
Date of hearing
09 June 2020
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Transcripts
- Hearing date 9 June 2020 (PDF, 409 KB)
Media Releases
- MR [2020] NZSC 118 (PDF, 189 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Southern Response Earthquake Services Limited v Brendan Miles Ross and Colleen Anne Ross
Case number
SC 105/2019
Summary
Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case.
Result
A The application for leave to appeal is granted (Ross v Southern Response Earthquake Services Ltd [2019] NZCA 431).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
9 December 2019
_____________________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $35,000 plus usual disbursements. We certify for second counsel.
17 November 2020
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
9 December 2019
_____________________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $35,000 plus usual disbursements. We certify for second counsel.
17 November 2020
Transcripts
- Hearing date 15 - 16 June 2020 (PDF, 886 KB)
Case Synopses
- Southern Response v Ross synopsis June 2020 (PDF, 153 KB)
Media Releases
- MR [2020] NZSC 126 (PDF, 196 KB)
High Court decision
Court of Appeal decision
Supreme court decision
Leave judgment - leave granted
Substantive judgment
Case name
J (SC111/2019) v The Queen
Case number
SC 111/2019
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 this 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.
19 November 2019
19 November 2019
Court of Appeal decision
Not publicly available
High/District Court judgment
not publicly available
Case name
Savvy Vineyards 4334 Limited and Savvy Vineyards 3552 Limited v Weta Estate Limited and Tirosh Estate Limited
Case number
SC 114/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in interpreting the long-term supply contracts, particularly in respect of pre-contractual negotiations and post-contractual conduct – Whether the Court of Appeal erred in determining the elective right to purchase grapes under the contract.
Result
A The application for leave to appeal is granted on the question (Weta Estate Ltd v Savvy Vineyards 4334 Ltd [2019] NZCA 437) whether the Court of Appeal was correct as to:
(a) the effect on the parties’ legal positions of the two earlier judgments, referred to in [4] below, dealing with whether the contract had been terminated; and
(b) the interpretation of cl 2.2 and cl 2.4.
B The application is otherwise dismissed.
12 December 2019
___________________
A The appeal is allowed. The judgment of the Court of Appeal is set aside. The respondents are liable to the appellants on the first and second causes of action in the first amended statement of claim.
B An order directing an inquiry into damages is made in relation to the first cause of action.
C The declaration and the order directing an inquiry into damages made by the High Court in relation to the second cause of action are restored.
D The first and second respondents must pay the first and second appellants one set of costs of $25,000 plus usual disbursements.
E The orders as to costs in the Court of Appeal and the orders as to costs in the High Court as they relate to the High Court’s dismissal of the first cause of action are quashed. Costs should be re-determined in those Courts in light of this judgment.
22 October 2020
(a) the effect on the parties’ legal positions of the two earlier judgments, referred to in [4] below, dealing with whether the contract had been terminated; and
(b) the interpretation of cl 2.2 and cl 2.4.
B The application is otherwise dismissed.
12 December 2019
___________________
A The appeal is allowed. The judgment of the Court of Appeal is set aside. The respondents are liable to the appellants on the first and second causes of action in the first amended statement of claim.
B An order directing an inquiry into damages is made in relation to the first cause of action.
C The declaration and the order directing an inquiry into damages made by the High Court in relation to the second cause of action are restored.
D The first and second respondents must pay the first and second appellants one set of costs of $25,000 plus usual disbursements.
E The orders as to costs in the Court of Appeal and the orders as to costs in the High Court as they relate to the High Court’s dismissal of the first cause of action are quashed. Costs should be re-determined in those Courts in light of this judgment.
22 October 2020
Date of hearing
26 May 2020
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Transcripts
- Hearing date 26 May 2020 (PDF, 387 KB)
Media Releases
- MR [2020] NZSC 115 (PDF, 191 KB)
Substantive judgment
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Quentin Woods v New Zealand Police
Case number
SC 115/2019
Summary
Criminal Appeal – Sentencing – Special conditions – Residential restrictions – Intensive monitoring – Sentencing Act 2002, s 93(2B) – Whether the Court of Appeal erred in holding that s 93(2B) of the Sentencing Act permits imposition of conditions similar to residential restrictions and intensive monitoring – Whether the Court erred in holding that the special conditions imposed on the appellant did not amount to residential restrictions or intensive monitoring.
Result
A Leave to appeal is granted (Woods v New Zealand Police [2019] NZCA 446).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeals.
13 February 2020
________________________________
The appeal is allowed.
10 December 2020
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeals.
13 February 2020
________________________________
The appeal is allowed.
10 December 2020
Date of hearing
21 May 2020
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Arnold JJ
Transcripts
- Hearing date 21 May 2020 (PDF, 399 KB)
Media Releases
- MR [2020] NZSC 141 (PDF, 190 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Lambie Trustee Limited v Prudence Anne Addleman
Case number
SC 118/2019
Summary
Civil Appeal - Application for leave to bring an appeal.
Result
A Leave to appeal is granted on whether the Court of Appeal was correct to order the applicant to disclose to the respondent any legal opinions and other advice obtained by the trustees of the Lambie Trust and funded by the Trust (Addleman v Lambie Trustee Ltd [2019] NZCA 480, (2019) 5 NZTR 29-016).
B The approved question is whether the Court of Appeal was correct to reject the applicant’s claims of legal advice privilege and litigation privilege respectively.
C In all other respects, the application for leave to appeal is dismissed.
4 March 2020
______________________
A With the clarification that the orders for disclosure made by the Court of Appeal do not extend to legal advice given from June 2015 in connection with this litigation and with leave reserved to Lambie Trustee Ltd to revert to this Court in relation to advice received after 7 November 2014 and before June 2015, the appeal is dismissed.
B Costs are reserved.
1 June 2021
__________________________________
A Mrs Addleman is to receive out of the Lambie Trust her actual costs in relation to the appeal to this Court plus usual disbursements (to be fixed by the Registrar if necessary). We allow for second counsel. Mrs Addleman is to provide a schedule of the costs incurred to Lambie Trustee Ltd within 10 working days of the date of delivery of this judgment. Any issue as to the reasonableness of the costs sought is to be determined by the Registrar.
B Lambie Trustee Ltd is not entitled to any indemnity for costs and expenses in connection with the appeal to this Court, including both its own legal fees and any solicitor client costs and disbursements due to Mrs Addleman.
C Lambie Trustee Ltd is to reimburse the Lambie Trust (from funds not sourced from the Trust) the costs awarded by this Court on the appeal.
D The orders of this Court at B and C, above, apply to the award of costs in the Court of Appeal.
E Mrs Addleman is entitled to costs on a 2B basis together with reasonable disbursements in relation to costs in the High Court. Orders B and C, above, apply to the award of costs in that Court.
17 February 2023
B The approved question is whether the Court of Appeal was correct to reject the applicant’s claims of legal advice privilege and litigation privilege respectively.
C In all other respects, the application for leave to appeal is dismissed.
4 March 2020
______________________
A With the clarification that the orders for disclosure made by the Court of Appeal do not extend to legal advice given from June 2015 in connection with this litigation and with leave reserved to Lambie Trustee Ltd to revert to this Court in relation to advice received after 7 November 2014 and before June 2015, the appeal is dismissed.
B Costs are reserved.
1 June 2021
__________________________________
A Mrs Addleman is to receive out of the Lambie Trust her actual costs in relation to the appeal to this Court plus usual disbursements (to be fixed by the Registrar if necessary). We allow for second counsel. Mrs Addleman is to provide a schedule of the costs incurred to Lambie Trustee Ltd within 10 working days of the date of delivery of this judgment. Any issue as to the reasonableness of the costs sought is to be determined by the Registrar.
B Lambie Trustee Ltd is not entitled to any indemnity for costs and expenses in connection with the appeal to this Court, including both its own legal fees and any solicitor client costs and disbursements due to Mrs Addleman.
C Lambie Trustee Ltd is to reimburse the Lambie Trust (from funds not sourced from the Trust) the costs awarded by this Court on the appeal.
D The orders of this Court at B and C, above, apply to the award of costs in the Court of Appeal.
E Mrs Addleman is entitled to costs on a 2B basis together with reasonable disbursements in relation to costs in the High Court. Orders B and C, above, apply to the award of costs in that Court.
17 February 2023
Date of hearing
02 December 2020
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 2 December 2020 (PDF, 492 KB)
Media Releases
- MR [2021] NZSC 54 (PDF, 401 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Summary
Case name
W(SC 122/2019) v The Queen
Case number
SC 122/2019
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.
14 February 2020
14 February 2020
Court of Appeal decision
Not publicly available
High Court decision
Not publicly available
Summary
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