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 question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
_________________
A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements. We certify for two counsel.
13 September 2017
- Hearing date 13 June 2017 (PDF, 611 KB)
- MR [2017] NZSC 139 (PDF, 260 KB)
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
__________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
- Hearing date 27 - 28 July 2017 (PDF, 1.1 MB)
- MR [2017] NZSC 197 (PDF, 289 KB)
B The approved questions are:Was R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 correctly decided? And, if notDoes this warrant the quashing of the convictions?
26 May 2015
______________
Appeal allowed, convictions quashed. No order for a retrial.
14 December 2015
- Hearing date 7 July 2015 (PDF, 510 KB)
- MR [2015] NZSC 189 (PDF, 255 KB)
11 May 2015
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Appeal dismissed. No order as to costs.
24September 2015
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Application for recall dismissed.
27 October 2015
- Hearing date 20 August 2015 (PDF, 410 KB)
- MR [2015] NZSC 139 (PDF, 250 KB)
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
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A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
- Hearing date 12 - 15 October 2015 (PDF, 2.2 MB)
- MR [2017] NZSC 17 (PDF, 291 KB)
B In relation to the Vaughan Road Property Trust (VRPT):Was the Court of Appeal correct to find that there is no distinction between a sham trust and what the Family Court and the High Court described as an illusory trust?Was the Court of Appeal correct to find that the VRPT was neither a sham trust nor what the Family Court and the High Court described as an illusory trust?If so:
Was the bundle of rights and powers held by Mr and/or Mrs Clayton under the VRPT Trust Deed “property” for the purposes of the Property (Relationships) Act 1976 (PRA)?Was the Court of Appeal correct to find that the power of appointment under clause 7.1 of the VRPT Trust Deed was “relationship property” for the purposes of the PRA?If so, did the Court of Appeal err in its approach to the valuation of the power?
C In relation to the Claymark Trust, was the Court of appeal correct in its interpretation and application of:
Section 44C of the PRA?
Section 182 of the Family Proceedings Act 1980?
18 June 2015
_________________________
A The appeal is allowed in part.
B We set aside the findings of the Court of Appeal that cl 7.1 of the Vaughan Road Property Trust (VRPT) trust deed (the VRPT deed) is a general power of appointment and that the power is both property and relationship property, having a value equal to that of the net assets of the VRPT.
C We substitute a finding that the powers of Mr Clayton as Principal Family Member and Trustee under cls 6.1, 7.1, 8.1 and 10.1 of the VRPT deed (read in light of cls 11.1, 14.1 and 19.1(c) of that deed) are property and relationship property having a value equal to that of the net assets of the VRPT.
D We set aside the finding of the Court of Appeal that the VRPT is not an illusory trust (i.e. that it is a valid trust). We decline to make a ruling on that issue.
E We uphold the finding of the Court of Appeal that the VRPT is not a sham.
F We make no award of costs
23 March 2016
- Hearing date 1, 2 and 8 September 2015 (PDF, 1.6 MB)
- MR [2016] NZSC 29 (PDF, 250 KB)
B Costs of $2,500 are payable by the applicants to the first respondents.
C The application for leave to appeal in CA 476/2013 is granted.
D The approved question is whether the Court of Appeal was correct in its conclusion that, on the findings in the High Court, the negligence of the second respondent caused no loss.
19 June 2015
________________
A The appeal is allowed. Judgment is given for the appellants in the sum of $1,000,000.
B Interest of five per cent is ordered from the date of settlement by Mr and Mrs Chick of the purchase of the farm.
C The respondent is to pay costs of $25,000 to the appellants plus all reasonable disbursements, to be fixed if necessary by the Registrar.
D The costs order in the Court of Appeal (CA476/2013) is set aside. Costs in that Court and in the High Court should be set by those Courts in light of this judgment.
22 April 2016
- Hearing date 2 February 2016 (PDF, 514 KB)
- MR [2016] NZSC 40 (PDF, 253 KB)
B In relation to the Vaughan Road Property Trust (VRPT):
Was the Court of Appeal correct to find that there is no distinction between a sham trust and what the Family Court and the High Court described as an illusory trust?
Was the Court of Appeal correct to find that the VRPT was neither a sham trust nor what the Family Court and the High Court described as an illusory trust?
If so:
Was the bundle of rights and powers held by Mr and/or Mrs Clayton under the VRPT Trust Deed “property” for the purposes of the Property (Relationships) Act 1976 (PRA)?
Was the Court of Appeal correct to find that the power of appointment under clause 7.1 of the VRPT Trust Deed was “relationship property” for the purposes of the PRA?
If so, did the Court of Appeal err in its approach to the valuation of the power?
C In relation to the Claymark Trust, was the Court of appeal correct in its interpretation and application of:
Section 44C of the PRA?
Section 182 of the Family Proceedings Act 1980?
18 June 2015
______________
A The appeal is allowed.
B There is no order of costs.
23 March 2016
- Hearing date 1, 2 and 8 September 2015 (PDF, 1.6 MB)
- MR [2016] NZSC 30 (PDF, 404 KB)
B The approved question is:Did the Court of Appeal err in finding that the fees charged by the applicants were unreasonable for the purposes of s 41 of the Credit Contracts and Consumer Finance Act 2003?
2 July 2015
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A The appeal is dismissed.
B The appellants must pay the respondent costs of $25,000 plus reasonable disbursements (to be determined by the Registrar in the absence of agreement between the parties).
We certify for two counsel.
12 May 2016
- Hearing date 10 - 11 November 2015 (PDF, 1.2 MB)
- MR [2016] NZSC 53 (PDF, 242 KB)
14 May 2015
______________________
A The application for leave to appeal is granted (The Attorney-General v Ririnui [2015] NZCA 160).
B The approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on:
(a) the claimed bad faith on the part of Landcorp;
(b) the acknowledged error of law by the Office of Treaty Settlements in its advice to Landcorp;
(c) the failure of the shareholding Ministers of Landcorp to intervene.
C The first respondent is restrained until further order of the Court from settling the agreement for sale and purchase of Whārere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
D The Registrar is directed to serve a copy of this judgment on the purchaser.
27 May 2015
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A The appeal is allowed in part.
B The following declarations are made:
(i) The decision of Landcorp Farming Limited’s shareholding Ministers and the Minister for Treaty of Waitangi Negotiations not to intervene in the tender process on behalf of Ngāti Whakahemo as they did on behalf of Ngāti Mākino was a wrongful exercise of a public power because it was made under a material mistake.
(ii) The decision by Landcorp Farming Limited on 28 February 2014 to sell Whārere farm to Micro Farms Limited was a wrongful exercise of a public power because it was made under a material mistake.
C All other forms of relief claimed by the appellant are declined.
D The restraining order made by this Court in Order C of its judgment granting leave to appeal (Ririnui v Landcorp Farming Ltd [2015] NZSC 72) is discharged.
E Costs are reserved. The parties may file written submissions as to costs in this Court and in the Courts below if they are unable to reach agreement.
9 June 2016
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A The orders of the Court of Appeal as to costs are quashed.
B The parties are to bear their own costs in all Courts.
1 May 2017
- Hearing date 26 May 2015 (PDF, 308 KB)
- MR [2016] NZSC 62 (PDF, 265 KB)