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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
Vincent Ross Siemer v The Solicitor-General
Case number
SC 37/2012
Summary
CA  417/2011  [2012] NZCA139
Result

Leave to appeal is granted. 
The approved ground is whether New Zealand courts have inherent power or jurisdiction to suppress judgments in criminal cases. 

19 July 2012

__________________

Appeal dismissed.
Mr Siemer must  surrender at the Registry of the High Court at Auckland at 9.00 am on Monday 16 July 2013.

 

12 July 2013
Transcripts

Hearing date : 15 November 2012

Hearing date : 14 February 2013

Elias CJ, McGrath, William Young, Chambers  Glazebrook JJ
Case name
Vincent Ross Siemer v Michael Richard Heron and others
Case number
SC 39/2012
Summary
Civil Appeal – Procedure – Security for costs – Whether the High Court erred in ordering that the applicant, an undischarged bankrupt, pay security for costs. CIV 2010 404 6880  17 March 2011
Dates

The application for leave to appeal is refused.

The applicant is to pay the First and Second Respondents costs of $2500.00.

18 July 2012.
Case name
K A  v The Queen
Case number
SC 40/2012
Summary
Criminal Appeal – Joinder – Crimes Act 1961, s 345D – The applicant was convicted on a charge of sexual violation – His brother was a co-accused at the same trial in relation to discrete offending – Whether the Court of Appeal erred in fact and law in finding that the trial Judge’s powers under s 345D were validly invoked and exercised. [2012]NZCA 183  CA 274/2011
Dates
Hearing
Case name
Ann Mary Seaton v Minister for Land Information
Case number
SC 44/2012
Summary
Civil – s 23 Public Works Act 1981– compulsory acquisition – whether s 23 empowers the Minister to acquire land indirectly required for a Government work – whether the Minister’s intention to transfer the easement interests to Transpower and Orion following acquisition meant that he had not acted for a proper purpose as required by s 23.[2012]NZCA 234  CA   360/2011
Result

The application for leave to appeal is granted.

The approved ground is whether the Court of Appeal was correct in its interpretation and application of the relevant provisions of the Public Works Act 1981 in the circumstances of this case?

25 July 2012

___________________

A The appeal is allowed.
B The judgment of the Court of Appeal is set aside.
C The orders made in the High Court are restored.
D The respondent is to pay the appellant, with respect to costs in this Court, the sum of $25,000 together with disbursements to be fixed, if necessary, by the Registrar.
E  If the parties cannot agree on costs in the Court of Appeal, the Court of Appeal must fix them.

29 April 2013
Transcript

Hearing date : 13 November 2012

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Vector Limited v Commerce Commission
Case number
SC 46/2012
Summary
[2012]NZCA 220  CA   702/2011
Result

Leave to appeal is granted.

The approved grounds are whether under the Commerce Act 1986 the s 54K(3) power:

(i) is able to be exercised in the manner provided for in s 53P(3)(b) in the absence of a published input methodology (or methodologies) specific to starting price adjustment under s 53P(3)(b); and, if so:

(ii) permits change only to the extent necessitated by the newly published input methodology relied on by the Commission.

14 August 2012

__________________________

The appeal is dismissed.
The appellant is to pay the respondent costs of $40,000 together with disbursements to be fixed, if necessary, by the Registrar. 

15 November 2012
Transcript

Hearing dates : 9 and 10 October 2012

McGrath, William Young, Glazebrook, Blanchard, Anderson JJ.
Case name
H v The Queen
Case number
SC 54/2012
Summary
Criminal Law – Appeal Against Conviction – Further Evidence – Whether the Supreme Court should admit further evidence, including evidence from a witness called at trial and evidence from a police interview[2012]NZCA 339  CA  615/2011
Result

A The application for leave to appeal is granted.

B The approved ground is whether the Court of Appeal’ s treatment of the affidavit(s) of H’s son, M, was correct.

28 February 2013
Substantive judgment
H v R [2015] NZSC 70 [7 May 2015] (PDF, 86 KB)
Transcript

Hearing date : 7 May 2015
Case name
Neil Stuart Johnston v Christopher Frederick Schurr and Deam & Shearer
Case number
SC 61/2012
Summary
Civil Appeal – Protection of Personal and Property Rights Act 1988 – Whether a manager appointed under the Act can be liable in damages for acting without reasonable care – Whether the incapacity of a client brings the retainer of a solicitor to an end, even if the solicitor continues to act in relation to the client’s affairs – Whether the Court of Appeal erred in its approach to findings of fact made by the trial Judge.  [2012]NZCA 363  CA  616/2010
Result
The application for leave to appeal is granted in relation to both respondents. The approved ground is whether the claims against the first and second respondents were properly dismissed. 27 November 2012 _____________________ A The appeal is allowed in part.  The judgments of the High Court and Court of Appeal in relation to the insurance issue are set aside.  The question whether Mr Schurr is liable to the appellant in respect of the surrender of the insurance policies is to be determined in the High Court. B  In all other respects the appeal is dismissed. C  In respect of the appeal to this Court, the appellant is to pay costs to Mr Schurr and Deem & Shearer in the sums of $15,000 and $25,000 respectively together with reasonable disbursements to be fixed by the Registrar. D  The orders for costs made in the High Court and Court of Appeal are affirmed. 12 June 2015
Media Releases
Substantive judgment
NEIL STUART JOHNSTON v CHRISTOPHER FREDERICK SCHURR [2015] NZSC 82 [12 June 2015] (PDF, 359 KB)
Transcript

Hearing date : 17 February 2015

Elias CJ, McGrath, William Young, Glazebrook, O’Regan JJ.
Case name
Alyxe John Wood-Luxford v Mark John Wood
Case number
SC 62/2012
Summary
Civil Appeal – Family Protection Act, ss 2(1) and 3 – Definition of “stepchild” – Whether the Court of Appeal erred in finding that the applicant was not eligible to bring a claim under the Act – Whether word “living”, as used in the Act, can include a child in utero at the date of the qualifying event.[2012]NZCA 377  CA  739/2011
Result
Leave to appeal is granted.The question to be addressed on the appeal is whether the applicant is a person entitled to claim under the Family Protection Act 1955 against the estate of John Luxford, either as a child of the deceased or a step-child of the deceased within the meaning of the Family Protection Act 1955.
5 December 2012
________________________
A The appeal is dismissed.
B The reasonable solicitor and client costs for all parties are to be met by the estate of the late John Williamson Luxford.
19 December 2013
Transcripts
Media Releases
Court of Appeal decision
WOOD-LUXFORD v MARK JOHN WOOD COA CA739/2011 [21 August 2012]
Leave judgment - leave granted
WOOD-LUXFORD v WOOD SC 62/2012 [5 December 2012] (PDF, 8 KB)
Additional document
Transcript hearing date 7 March 2013 (PDF, 219 KB)
Substantive judgment
ALYXE JOHN WOOD-LUXFORD v MARK JOHN WOOD [2013] NZSC 153 [19 December 2013] (PDF, 236 KB)
Case name
Philip Dean Taueki v The Queen
Case number
SC 64/2012
Summary
Criminal – s 56 of the Crimes Act 1961 – whether the Court of Appeal erred in rejecting the applicant’s defence of peaceable possession – whether the Court of Appeal erred in finding that the applicant did not have possession of the land acquiesced by all other persons – whether the Crown’s guarantee under the Treaty of Waitangi guarantee of “ full, exclusive and undisturbed possession” of all land collectively owned is relevant to whether the applicant did have peaceable possession.    [2012]NZCA 428  CA  383/2011
Result
Leave to appeal is granted with regard to the first charge of assault. The approved ground is whether Mr Taueki had a defence
under s 56 of the Crimes Act 1961 to that first charge.
14 November 2012
Transcripts
Media Releases
Leave judgment - leave granted
TAUEKI v R SC 64/2012 [14 November 2012] (PDF, 11 KB)
Substantive judgment
TAUEKI v R [2013] NZSC 146 [17 December 2013] (PDF, 217 KB)
Case name
Godfrey Waterhouse and Robert John Waterhouse v Contractors Bonding Limited
Case number
SC 66/2012
Summary
Civil appeal – Litigation funding agreement – Law of Maintenance and Champerty ¬– Extent of Court oversight over litigation involving such agreements –Whether Court of Appeal was correct to order disclosure to the defendant of particular details of the plaintiff’s agreement to prevent potential abuse of process ¬– Whether degree of disclosure was appropriate.  [2012]NZCA 399  CA  200/2011
Result

Leave to appeal is granted.

The approved questions are:
(i) whether the appellants should be ordered to disclose the litigation agreement to the respondent; and
(ii) if so, on what terms.

14 November 2012

_____________________

tc
Transcript
Hearing date : 19 March 2013
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