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
Richard Frederick Eilenberg v Linda Alejandra Garcia Lourdes-Gutierrez
Case number
SC 78/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding a High Court decision to enforce a foreign judgment for child and spousal maintenance
Result
A The application for leave to appeal (Eilenberg v Lourdes Gutierrez [2017] NZCA 270) is granted in part.
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017
_______________________________________
A Notice of Abandonment having been filed the appeal is deemed to be dismissed.
22 October 2019
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017
_______________________________________
A Notice of Abandonment having been filed the appeal is deemed to be dismissed.
22 October 2019
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Z v The Queen
Case number
SC 79/2017
Case name
E v The Queen
Case number
SC 85/2017
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. 31 August 2017
Result
not publicly available
High Court decision
Not publicly available
Judgment appealed from
not publicly available
Case name
Graham Thomas Rowe v The Queen
Case number
SC 86/2017
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A The application for leave to appeal is granted (Rowe v R [2017] NZCA 316).
B The approved question is whether Mr Rowe should have been convicted.
12 October 2017
___________________
A The appeal is allowed. The appellant’s conviction is quashed.
B There is no order for retrial.
21 June 2018
B The approved question is whether Mr Rowe should have been convicted.
12 October 2017
___________________
A The appeal is allowed. The appellant’s conviction is quashed.
B There is no order for retrial.
21 June 2018
Transcripts
- Hearing date 20 February 2018 (PDF, 485 KB)
Media Releases
- MR [2018] NZSC 55 (PDF, 364 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
GRAHAM THOMAS ROWE v R [2018] NZSC 55 [21 June 2018] (PDF, 394 KB)
Case name
Sione (John) Uaine Moala v The Queen
Case number
SC 89/2017
Summary
Criminal Appeal – Whether the claimed failure of trial counsel and counsel in the Court of Appeal to pursue certain arguments amounts to a miscarriage of justice.
Result
Leave is granted for application for leave to appeal to be withdrawn without prejudice to the applicants entitlement to re-apply later. 5 February 2018
District Court decision
Not publicly available
Judgment appealed from
Case name
Chesterfields Preschools Limited (In Liq) and Therese Anne Sisson v The Commissioner of Inland Revenue
Case number
SC 91/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s decision putting Chesterfields Preschools Ltd into liquidation.
Result
A Leave to appeal is granted on one ground only (Sisson v Commissioner of Inland Revenue [2017] NZCA 326).
B The approved question is whether the conditional order of the Court of Appeal setting aside the order of the High Court putting the first applicant into liquidation and remitting the proceeding to the High Court for rehearing should be quashed and replaced with an unconditional order.
C The application for leave to appeal is otherwise dismissed.
D We make no award of costs.
_____________________________
A The appeal is allowed.
B The order made by the Court of Appeal setting aside the order of the High Court putting the first appellant into liquidation and remitting the proceeding to the High Court for rehearing, subject to the condition that within 15 working days of the Court of Appeal judgment, the second appellant pay into the High Court at Christchurch the amount of $109,675.22, is quashed.
C In its place we make an order setting aside the order putting the first appellant into liquidation and remitting the proceeding to the High Court for rehearing.
D There is no order as to costs.
23 November 2017
B The approved question is whether the conditional order of the Court of Appeal setting aside the order of the High Court putting the first applicant into liquidation and remitting the proceeding to the High Court for rehearing should be quashed and replaced with an unconditional order.
C The application for leave to appeal is otherwise dismissed.
D We make no award of costs.
_____________________________
A The appeal is allowed.
B The order made by the Court of Appeal setting aside the order of the High Court putting the first appellant into liquidation and remitting the proceeding to the High Court for rehearing, subject to the condition that within 15 working days of the Court of Appeal judgment, the second appellant pay into the High Court at Christchurch the amount of $109,675.22, is quashed.
C In its place we make an order setting aside the order putting the first appellant into liquidation and remitting the proceeding to the High Court for rehearing.
D There is no order as to costs.
23 November 2017
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Christopher Duncan Baker and Kathryn Ann Baker v Wallace Douglas Hodder, Ann Adele Hodder and Kadd Farm Limited
Case number
SC 94/2017
Summary
Whether the Court of Appeal erred in finding that the appeal was moot and that separate leave to appeal the High Court cost awards was required.
Result
A Leave to appeal is granted (Baker v Hodder [2017] NZCA 355).
B The approved question is whether the Court of Appeal should have heard and determined the applicants’ appeal to that Court. 17 November 2017
_____________________________
A The appeal is allowed.
B The order made under s 174 of the Companies Act 1993 against the appellants is quashed.
C The respondents must pay the appellants costs of $15,000 plus usual disbursements.
D We quash the costs orders made in the High Court and Court of Appeal. Costs should be re determined in those Courts in light of this judgment.
22 August 2018
B The approved question is whether the Court of Appeal should have heard and determined the applicants’ appeal to that Court. 17 November 2017
_____________________________
A The appeal is allowed.
B The order made under s 174 of the Companies Act 1993 against the appellants is quashed.
C The respondents must pay the appellants costs of $15,000 plus usual disbursements.
D We quash the costs orders made in the High Court and Court of Appeal. Costs should be re determined in those Courts in light of this judgment.
22 August 2018
Transcripts
- Hearing date 20 March 2018 (PDF, 416 KB)
Media Releases
- MR [2018] NZSC 78 (PDF, 82 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
BAKER v HODDER [2017] NZSC 171 [17 November 2017] (PDF, 183 KB)
Substantive judgment
BAKER v HODDER [2018] NZSC 78 [22 August 2018] (PDF, 128 KB)
Case name
Hinemanu Ngaronoa, Sandra Wilde and Arthury William Taylor v The Attorney-General of New Zealand, The Chief Executive of the Department of Corrections and The Electoral Commission
Case number
SC 102/2017
Summary
Civil Appeal – Electoral Act 1993 – Whether the Court of Appeal erred in finding that s 268(1)(e) entrenches only that part of s 74 which relates to the age for registration as an elector – Whether the Court of Appeal erred in finding that s 80(1)(d) is not directly or indirectly discriminatory and does not involve a breach of the New Zealand Bill of Rights Act 1990.
Result
A The application for leave to appeal is granted on the question of whether the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 purported to amend an entrenched provision of the Electoral Act 1993 and thus required a 75 per cent majority to be passed.
B The application is otherwise dismissed.
C There is no costs award.
6 December 2017
________________________
A The appeal is dismissed.
B There is no order for costs.
14 December 2018
B The application is otherwise dismissed.
C There is no costs award.
6 December 2017
________________________
A The appeal is dismissed.
B There is no order for costs.
14 December 2018
Transcripts
- Hearing date 26 March 2018 (PDF, 493 KB)
Media Releases
- MR [2018] NZSC 123 (PDF, 299 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Trends Publishing International Limited v Advicewise People Limited, Callaghan Innovation, Mediaworks Radio Limited, and Webstar a division of Blue Star Group (New Zealand) Limited
Case number
SC 103/2017
Summary
Civil Appeal – Companies Act 1993, pt 14 – Whether the Court of Appeal erred in its approach to determining “classes of creditors” – Whether the Court of Appeal erred in its approach to the evidence – Whether the Court of Appeal erred in finding that the applicants had not disclosed adequate information to the creditors.
Result
A Leave to appeal is granted (Trends Publishing International Ltd v Advicewise People Ltd [2017] NZCA 365).
B The approved question is whether the order setting aside the proposal to creditors put forward by the directors of the applicant under pt 14 of the Companies Act 1993 should have been set aside.
7 November 2017
_______________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $25,000 and usual disbursements.
16 July 2018
B The approved question is whether the order setting aside the proposal to creditors put forward by the directors of the applicant under pt 14 of the Companies Act 1993 should have been set aside.
7 November 2017
_______________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $25,000 and usual disbursements.
16 July 2018
Transcripts
- Hearing date 22 February 2018 (PDF, 671 KB)
Media Releases
- MR [2018] NZSC 62 (PDF, 287 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
B v The Queen
Case number
SC 126/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that certain propensity evidence was admissible.
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
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