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
- media release fonterra v grate kaimai (PDF, 83 KB)
Hearing date : 14 February 2012
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
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Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
__________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
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Appeal is deemed to be dismissed due to the death of the appellant.
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
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Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Leave to appeal is granted on the following questions:
(1) Did the marketing by Blue Chip companies and sales agents of the Blue Chip investment products amount to offers to the public of equity and/or debt securities for the purposes of s 37 of the Securities Act 1978?
(2) If so, is the exemption in s 5(1)(b) applicable?
(3) If the answers to questions (1) and (2) are favourable to the investors, does this impeach the ability of the developers to enforce the agreements for sale and purchase on the basis that they (a) constituted part of the relevant allotments and were thus void and of no effect under s 37(4) or, (b) were tainted by their association with those allotments and thus illegal?
6 September 2011
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A The appeals are allowed.
B The SPAs executed at the same time as, or after, the corresponding Blue Chip investment product agreements were entered into are declared to be unenforceable under s 37 of the Securities Act 1978.
C The High Court is to determine whether SPAs, entered into before the corresponding Blue Chip investment products were executed, were subscriptions for securities.
D The cases are otherwise generally remitted to the High Court to make such further orders as may be consistent with this judgment.
E The respondents are to pay the appellants costs $75,000 and usual disbursements.
F Costs in the High Court and Court of Appeal are to be as determined by those courts.
9 August 2012
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Recall judgment
Former order F now replaced by orders F, G and H.
F The existing orders for costs in the High Court and Court of Appeal are set aside.
G Other than those affected by timing issues (being Mr Hutchinson in the case of TWL, and in the case of Greenstone Barclay, Mr and Mrs Bogardus, Ms Janes, Mrs and Mrs Johnson, Mr Crawford-Greene, Mr and Mrs Dick and Mr and Mrs Lester) the appellants are to be awarded costs and disbursements in the High Court and Court of Appeal in sums to be determined by those Courts in light of the judgment of this Court.
H Costs and disbursements in relation to the appellants affected by timing issues are to be addressed in the High Court and Court of Appeal once those timing issues have been resolved.
11 December 1012
Elias CJ, Tipping, McGrath, William Young, Anderson JJ.
The approved grounds are:
(i) whether the laying of the informations on the discharge counts required leave of a District Court Judge or Registrar under s 21 of the Summary Proceedings Act 1957; and
(ii) if so, whether in the absence of such leave prior to the laying of the informations the proceedings were validated by s 204 of that Act.
5 August 2011
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Appeal dismissed.
3 April 2012
Elias CJ, Blanchard, McGrath, William Young, Gault JJ.
Costs of $15,000 plus disbursement to the respondent.
10 May 2012.
- media release sc 52 2011 thompson v cir (PDF, 95 KB)
A When did the appellant become entitled to be de-registered for GST purposes?
B In light of that determination, and the circumstances in which they took place, did the second and third sales of land attract GST?
22 August 2011.
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Decision reserved.
B The approved ground of appeal is whether the trial Judge should have directed the jury that they could not convict the appellant unless satisfied that he knew the principal offender was carrying a knife.
15 August 2011
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Appeal dismissed.
20 December 2011
- edmonds press release (PDF, 86 KB)
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
B The approved ground is whether and to what extent the respondent local authority owed a duty of care to the body corporate and/or all or some of the appellant unit owners in exercising its regulatory functions under the Building Act 1991 in relation to the construction of the Spencer on Byron building which contains a mixture of non-residential and residential apartments. 5 August 2011 _________________________________ A The appeal is allowed.
B The orders made in the High Court and Court of Appeal are set aside.
C The appellants’ claim against the respondent is permitted to proceed in the High Court.
D The appellants are entitled to costs in the High Court and the Court of Appeal. If the parties cannot agree quantum, costs are to be fixed in the respective Courts.
E The respondent is to pay the appellants’ costs in this Court in the sum of $40,000 plus disbursements to be fixed, if necessary, by the Registrar. 11 October 2012
Hearing dates : 20, 21 and 26 March 2012
Elias CJ, Tipping, McGrath, William Young, Chambers JJ.