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.
11 July 2024
Case information summary 2024 (as at 5 July 2024) – Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
Unison Networks Limited v The Commerce Commission
Case number
SC 12/2007
Summary
Civil Appeal – appeal against the Court of Appeal’s decision that revised price-related thresholds set by the Commerce Commission were lawful and the Court’s refusal to exercise its discretion to grant relief in relation to initial unlawful thresholds – whether the Court of Appeal erred in law by failing to consider whether the Commerce Commission misdirected itself and therefore erred in finding the revised thresholds to be lawful – whether the Court erred in law by finding that the revised thresholds met the statutory purpose and were thus lawful – whether it is appropriate for the Court to decline relief where a statutory body has acted outside the statutory process – whether the Court erred by failing to consider other types of relief. CA 284/05 19 December 2006
Result
Leave to appeal granted.
27 March 2007
____________________
Appeal dismissed.
Unison is ordered to pay the Commission costs of $25,000 plus reasonable disbursements to be fixed if necessary by the Registrar. Costs in the Court of Appeal and High Court are to be determined by those Courts in light of this judgment.
10 September 2007
27 March 2007
____________________
Appeal dismissed.
Unison is ordered to pay the Commission costs of $25,000 plus reasonable disbursements to be fixed if necessary by the Registrar. Costs in the Court of Appeal and High Court are to be determined by those Courts in light of this judgment.
10 September 2007
Leave judgment - leave granted
Substantive judgment /Media release
Transcription
Hearing date : 18 and 20 June 2007
Blanchard J, Tipping J, McGrath J, Anderson J and Gault J.
Blanchard J, Tipping J, McGrath J, Anderson J and Gault J.
Judgment appealed from
Case name
New Zealand Professional Firefighters Union v New Zealand Fire Service Commission
Case number
SC 13/2007
Summary
Civil appeal – whether the Court of Appeal had jurisdiction to determine the appeal from the Employment Court – whether the Court of Appeal applied the correct test in determining whether certain days would “otherwise be working days” for an employee – whether the Court of Appeal erred in determining the compliance of a collective employment agreement with the Holidays Act 1981 – whether the Court of Appeal erred in its interpretation of the collective employment agreement – whether the Court of Appeal erred in its interpretation of s 6 of the Holidays Act 1981. CA 270/05 21 December 2006
Result
A Leave to appeal is granted.
B The approved grounds are:
(a) Whether the Court of Appeal correctly construed the phrase “a day that would otherwise be a working day for the employee” in s 57(1)(b) of the Holidays Act 2003; and
(b) Whether the Court of Appeal was right to conclude that s 57(1)(a) does not require specific agreement between the employer and employee as to a specific day for the taking of an alternative holiday.
17 April 2007
______________________________________________________________________________________
Notice of abandonment being lodged. the appeal is deemed to be dismissed.
7 August 2007
B The approved grounds are:
(a) Whether the Court of Appeal correctly construed the phrase “a day that would otherwise be a working day for the employee” in s 57(1)(b) of the Holidays Act 2003; and
(b) Whether the Court of Appeal was right to conclude that s 57(1)(a) does not require specific agreement between the employer and employee as to a specific day for the taking of an alternative holiday.
17 April 2007
______________________________________________________________________________________
Notice of abandonment being lodged. the appeal is deemed to be dismissed.
7 August 2007
Leave judgment - leave granted
Case name
Nicola Brownwyn Hayes v The Queen
Case number
SC 16/2007
Summary
Criminal appeal – Crimes Act 1961 – s 229(A)(b) (taking or dealing with certain documents with intent to defraud) – s 228 (dishonestly taking or using document) – whether, and to what extent, the Crown must prove the probability or possibility of “pecuniary advantage” where the accused uses a document to avoid the risk of losing ACC compensation payments to which she, in any event, would have been entitled – alternatively, whether, in that same scenario, the Crown must prove that the accused was no longer entitled to such payments because the relevant incapacity had ceased.CA 343/06 24 February 2007
Result
Application for leave to appeal granted.
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
Transcripts
- Hearing date 15 August 2007 (PDF, 273 KB)
Media Releases
- pressrelease hayes 000 (PDF, 89 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
HAYES V R SC 16/2007 [15 February 2008] (PDF, 95 KB)
Case name
Austin, Nichols & Co. Inc v Stichting Lodestar
Case number
SC 21/2007
Summary
Civil appeal – Trade Marks Act 1953 – whether, in hearing an appeal from the Assistant Commissioner of Trade Marks, the High Court must have deference to the Assistant Commission’s findings, only overturning a decision that can fairly be characterised as wrong – whether the Court of Appeal erred in its interpretation of its own powers under the Court of Appeal (Civil) Rules 2005 in determining the appeal from the High Court decision – whether the Court of Appeal erred by ignoring the onus on the trade mark applicant to discharge the burden of demonstrating that registration of its trade mark would not lead to a likelihood of confusion or deception. CA 94/05 12 March 2007
Result
Application for leave to appeal granted.
7 June 2007
______________________________
Appeal dismissed. Costs $7,5000 plus disbursements to the respondent.
7 June 2007
______________________________
Appeal dismissed. Costs $7,5000 plus disbursements to the respondent.
Transcripts
- Hearing date 17 October 2007 (PDF, 244 KB)
Media Releases
- MR [2007] NZSC 103 (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Z v Dental Complaints Assessment Committee
Case number
SC 22/2007
Summary
Civil – Whether the Court of Appeal erred when it concluded that in dental disciplinary proceedings, where the subject of the charge amounts to an allegation of a criminal offence, the civil standard of proof should be applied – whether the Court of Appeal erred by concluding that where the charge is a serious one there is no real distinction between the civil and criminal standards of proof – whether the Court of Appeal erred in concluding that it would not be an abuse of process for the appellant to face a disciplinary charge which repeats the criminal allegations for which he was acquitted. CA 231/05 22 March 2007
Result
Application for leave to appeal granted
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
Media Releases
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Kurt John Owen v The Queen
Case number
SC 25/2007
Summary
Criminal – appeal against conviction – whether discretion to consider appeals on the basis of unreasonable verdicts has been unduly restricted – complaint about the adequacy of summing up by trial judge – emotive summing up by prosecution – direction by trial judge concerning prosecution’s comment on the right to silence – trial judge’ s use of the transcript – whether Court of Appeal was correct to hold that overall there was no miscarriage of justice.CA 342/06 21 March 2007
Result
Application for leave to appeal granted.
29 June 2006
________________________
Appeal dismissed.
11 December 2007
29 June 2006
________________________
Appeal dismissed.
11 December 2007
Media Releases
- mediarelease owen (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
OWEN V R SC 25/2007 [11 December 2007] (PDF, 57 KB)
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Dollars and Sense Finance Limited v Rerekohu Nathan
Case number
SC 31/2007
Summary
Summary Civil appeal – enforceability of a registered mortgage – borrower forged the signature of one of the sureties, his mother, on the mortgage documents – lender’s solicitor had delivered the mortgage documents to the borrower to procure the signatures and express informed consent of the sureties – whether the borrower was the agent of the lender – whether the borrower’s fraud can be attributed to the lender – whether the surety has an in personam claim against the lender. CA 107/05 4 May 2007
Result
Application for leave to appeal granted.
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
Leave judgment - leave granted
Judgment appealed from
Transcript
Substantive judgment / Media release
Case name
Gustav & Co Limited v MacField Limited
Case number
SC 39/2007
Summary
Civil appeal – unconscionable bargain – contract for sale of commercial land – sole director of applicant company had a terminal illness – contract cancelled by respondent company when full deposit not paid – applicant company sought to recover partial deposit on the basis of unconscionable dealing due to director’s illness – whether the Court of Appeal erred in finding there was no duty to inquire – the extent of knowledge required for such a duty.CA 168/05 24 May 2007
Result
Application for leave to appeal granted.
4 September 2007
4 September 2007
Date of hearing
11 March 2008
Transcripts
- Hearing date 11 March 2008 (PDF, 235 KB)
Media Releases
- mediarelease gustav (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Georgina Kain, George Harry Couper Kain, George Charles Kain, George Thomas Carlton Kain and George Michael Kain and others v Jonathan Rhodes Hutton and others
Case number
SC 40/2007
Summary
Civil – dispute between family members over administration of a number of trusts – whether Court of Appeal erred in finding that resettlement of trust assets was valid – validity of exercise of power of appointment – power of advancement – s 41(c) of Trustee Act 1956 – whether appointment and settlement of shares was valid and not a fraud on the power – whether Court of Appeal erred in refusing to order the Second and Third Respondents to account to the trusts for profits made on the purchase of two farms – whether Court of Appeal erred in not finding a serious breach of trust – whether Court of Appeal erred in finding a particular part of consent order to be valid – interests of grandchildren – s 64A of Trustee Act 1956.CA 237/03, CA 271/04, CA 4/05 22 May 2007
Result
Leave to appeal granted.
20 November 2007
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Case name
Ben Nevis Forestry Ventures Limited, Bristol Forestry Ventures Limited, Clive Richard Bradbury, Greenmass Limited, Gregory Alan Peebles and Estate of the Late Kenneth John Laird v Commissioner of Inland Revenue
Case number
SC 43/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- ben nevis final pressrelease (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Judgment appealed from
Transcript
Hearing date : 8 February 2008
Hearing date : 23 – 27 June 2008
Elias CJ, Tipping, McGrath Gault, Anderson JJ
Substantive judgment / Media release
Page 58 of 68