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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
Peter John Hartley v The King
Case number
SC 16/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage
Case number
SC 21/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Van Silfhout v Pathirannehelage [2023] NZCA 5).
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
_________________________________________________________________________
A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
Date of hearing
18 July 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
VAN SILFHOUT v PATHIRANNEHELAGE [2021] NZHC 2268 [31 August 2021]
Court of Appeal decision
VAN SILFHOUT v PATHIRANNEHELAGE [2023] NZCA 5 [8 February 2023]
Leave judgment - leave granted
JOSHUA PERA VAN SILFHOUT v UDAYA LAKSHMAN AGAS PATHIRANNEHELAGE [2023] NZSC 47 [4 May 2023] (PDF, 136 KB)
Substantive judgment
JOSHUA PERA VAN SILFHOUT v UDAYA LAKSHMAN AGAS [2023] NZSC 148 [6 November 2023] (PDF, 322 KB)
Videos
Case name
Elizabeth Maria Bolea v The King
Case number
SC 25/2023
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Bolea v R [2023] NZCA 39).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
22 June 2023
__________________________________________________
A The appeal is allowed.
B The conviction for participating in an organised criminal group is quashed.
C The application for a discharge without conviction is remitted to the High Court for reconsideration.
3 May 2024
Date of hearing
31 October 2023
Judges
Glazebrook, O'Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
R v BOLEA [2022] NZHC 2998 [16 November 2022]
Court of Appeal decision
BOLEA v THE KING [2023] NZCA 39 [6 March 2023]
Leave judgment - leave granted
ELIZABETH MARIA BOLEA v R [2023] NZSC 72 [22 June 2023] (PDF, 130 KB)
Substantive judgment
ELIZABETH MARIA BOLEA v R [2024] NZSC 46 [3 May 2024] (PDF, 301 KB)
Case name
Raewyn Phyllis Cooper v Marcus Robert William Pinney
Case number
SC 32/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Cooper v Pinney [2023] NZCA 62).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
3 July 2023
Date of hearing
01 November 2023 - 02 November 2023
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
High Court decision
Not publicly available
Court of Appeal decision
RAEWYN PHYLLIS COOPER v MARCUS ROBERT WILLIAM PINNEY [2023] NZCA 62 [13 March 2023]
Leave judgment - leave granted
RAEWYN PHYLLIS COOPER v MARCUS ROBERT WILLIAM PINNEY [2023] NZSC 80 [3 July 2023] (PDF, 158 KB)
Videos
Case name
David Charles Rae v Commissioner of Police
Case number
SC 33/2023
Summary
Civil Appeal
Result
A The application for leave to appeal against the Court of Appeal’s recall judgment (Rae v Commissioner of Police [2023] NZCA 38) is dismissed.
B The application for an extension of time to apply for leave to appeal against the Court of Appeal’s substantive judgment (Rae v Commissioner of Police [2023] NZCA 4) is granted.
C Leave to appeal is granted.
D The appeal is dismissed.
E There is no order as to costs.
30 November 2023
Date of hearing
12 October 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
THE COMMISSIONER, THE NEW ZEALAND POLICE v RAE [2020] NZHC 3132 [26 November 2020]
Court of Appeal decision
RAE v COMMISSIONER OF POLICE 2023 NZCA 4 [3 February 2023]
Court of Appeal decision
RAE v COMMISSIONER OF POLICE [2023] NZCA 38 [6 March 2023]
Supreme court decision
DAVID CHARLES RAE v COMMISSIONER OF POLICE [2023] NZSC 156 [30 November 2023 (PDF, 289 KB)
Videos
Case name
N v The King
Case number
SC 40/2023
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 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.
26 May 2023
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Philip William Routhan and Julie Veronica Routhan as Trustees of the Kaniere Family Trust v PGG Wrightson Real Estate Limited
Case number
SC 45/2023
Summary
Civil Appeal and Cross-Appeal
Result
A The application for an extension of time to apply for leave to cross-appeal is granted.
B Leave to appeal and cross-appeal is granted in part (PGG Wrightson Real Estate Ltd v Routhan [2023] NZCA 123).
C The approved question is whether the Court of Appeal was correct in varying the damages awarded in the High Court.
D The applications for leave to appeal and cross-appeal are otherwise dismissed.
22 September 2023
Date of hearing
11 March 2024 - 12 March 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Kós and Miller JJ | Venue: Christchurch High Court Courtroom 12
Submissions from counsel
Transcripts
Case Synopses
High Court decision
ROUTHAN v PGG WRIGHTSON REAL ESTATE LIMITED [2021] NZHC 3585 [21 December 2021]
Court of Appeal decision
PGG WRIGHTSON REAL ESTATE LTD v ROUTHAN [2023] NZCA 123 [24 April 2023]
Leave judgment - leave granted
ROUTHAN v PGG WRIGHTSON REAL ESTATE LIMITED [2023] NZSC 127 [22 September 2023] (PDF, 201 KB)
Videos
Case name
Mahia Tamiefuna v The King
Case number
SC 51/2023
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Tamiefuna v R [2023] NZCA 163).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
28 July 2023
Date of hearing
06 March 2024 - 07 March 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
High Court decision
R v TAMIEFUNA [2021] NZHC 2880 [22 October 2021]
Court of Appeal decision
TAMIEFUNA v R [2023] NZCA 163 [9 May 2023
Leave judgment - leave granted
MAHIA TAMIEFUNA v R [2023] NZSC 93 [28 July 2023] (PDF, 161 KB)
Case name
Moetu Kaitai v The King
Case number
SC 59/2023
Summary
Criminal Appeal
Result
A The application for leave to appeal is granted in part (Kaitai v R [2023] NZCA 184). The approved question is whether the Court of Appeal was correct to dismiss the appeal against conviction, so far as it was based on defences of accident, involuntariness and lack of intent.
B The application for leave to appeal is otherwise dismissed.
22 December 2023
Date of hearing
11 July 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Miller JJ
Case Synopses
High Court decision
R v KAITAI [2022] NZHC 2438 [23 September 2022
Court of Appeal decision
KAITAI v R [2023] NZCA 184 [22 May 2023]
Leave judgment - leave granted
MOETU KAITAI v R [2023] NZSC 169 [22 December 2023 (PDF, 179 KB)
Videos
Case name
W (SC 60/2023) v The King
Case number
SC 60/2023
Summary
Criminal Appeal
Result
A Mr Hoggart’s application for an extension of time to apply for leave to appeal is granted.
B The applications for leave to appeal are granted in part ([W] v R [2023] NZCA 155). The approved questions are:
1 Whether the Court of Appeal was correct to conclude that a media take down order was not required in the circumstances of this case.
2 Whether the Court of Appeal was correct to conclude that the verdicts were not unreasonable in light of admissible evidence relating to the potential culpability of Lester Hamilton (deceased).
C The applications for leave to appeal are otherwise dismissed.
D Interim order suppressing the name of W and any identifying particulars made on 9 June 2023 is to continue until further order.
12 December 2023
Date of hearing
06 August 2024 - 07 August 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Kós and Miller JJ
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
W (SC 60/2023) v R and MARK JOSEPH HOGGART v R [2023] NZSC 164 [12 December 2023] (PDF, 197 KB)
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