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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.

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)

2015

Case name
Michael Kinlim Yan v Commissioner of Inland Revenue
Case number
SC 111/2015
Summary
Civil Appeal – Whether the Employment Court failed to adopt the correct test for bias in respect of dismissal from the Public Service.[2015] NZEmpC 36    ARC 11/14
Result
A The application for leave to appeal is dismissed. B  The applicant must pay the respondent costs of $2,500. 9 November 2015
Employment Court decision
MICHAEL KINLIM YAN v COMMISSIONER OF INLAND REVENUE NZEmpC AUCKLAND [2015]  NZEmpC 36   24 March 2015
Leave judgment - leave dismissed
MICHAEL KINLIM YAN v COMMISSIONER OF INLAND REVENUE [2015] NZSC 170  9 November 2015 (PDF, 78 KB)
Case name
G v The Queen
Case number
SC 112/2015
Summary
Criminal Appeal – Crimes Act 1961, s 340 – Evidence Act 2006, s 43 – Whether the Court of Appeal erred in concluding that joinder of two sets of charges by two different complainants would not unfairly prejudice the defendant.[2015] NZCA 323   CA 149/2015
Result

A An extension of time to apply for leave to appeal is granted.

B The application for leave to appeal is dismissed.

21 October 2015                                                        __
Case name
RJG v The Queen
Case number
SC 113/2015
Summary
Criminal Appeal –– Whether the Court of Appeal erred in dismissing the applicant’s appeal against a pre-trial ruling as to evidence.[2015] NZCA 462   CA 506/2015
Result

Application for leave to appeal is dismissed.

30 October 2015                                                                                    __
Case name
Douglas Banks and Christine Sandra Banks v Grey District Council
Case number
SC 114/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a document sought to be discovered by the applicants was legally privileged – Whether the Court of Appeal erred in its interpretation of the leases – Whether the Court of Appeal erred in holding that the applicants had failed to discharge the evidential burden as to fraudulent misrepresentation.  [2015] NZCA 417   CA 460/2013; CA 667/2013
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are payable to the respondent.
28 October 2015
______________________________
The application for recall is dismissed.
11 November 2015
High Court decision
GREY DISTRICT COUNCIL v BANKS [2013] NZHC 1485 [19 June 2013]
Court of Appeal decision
BANKS AND BANKS v GREY DISTRICT COUNCIL [2015] NZCA 417 [8 September 2015]
Leave judgment - leave dismissed
DOUGLAS BANKS AND CHRISTINE SANDRA BANKS v GREY DISTRICT COUNCIL [2015] NZSC 158 [28 October 2015] (PDF, 87 KB)
Recall judgment
DOUGLAS BANKS AND CHRISTINE SANDRA BANKS v GREY DISTRICT COUNCIL [2015] NZSC 172 [11 November 2015 (PDF, 66 KB)
Recall judgment
DOUGLAS BANKS AND CHRISTINE SANDRA BANKS v GREY DISTRICT COUNCIL [2015] NZSC 183 [1 December 2015] (PDF, 72 KB)
Case name
Lyonel Manurewa Te Pou Taniwha v The Queen
Case number
SC 115/2015
Summary
Criminal appeal – Whether a tailored demeanour direction should have been given at trial – Whether evidence of breach of a police safety order was admissible as propensity evidence and whether a “proper use” direction was required in respect of that evidence[2015] NZCA 434   CA 597/2014
Result
A The application for leave to appeal is granted [Taniwha v R [2015] NZCA 434].B The approved questions are whether the Court of Appeal erred in its conclusions that:-no miscarriage of justice arose as a result of the absence of a tailored demeanour direction in the Judge’s summing up to the jury; and-evidence of the appellant’s breach of a police safety order two days after the date covered by the final count alleged in the indictment was admissible and no “proper use” direction was required. 
18 December 2015
___________
The appeal is dismissed.
8 September 2016
Transcripts
Media Releases
Leave judgment - leave granted
LYONEL MANUREWA TE POU TANIWHA v R [2015] NZSC 200 [18 December 2015] (PDF, 63 KB)
Substantive judgment
LYONEL MANUREWA TE POU TANIWHA v R [2016] NZSC 123 [8 September 2016] (PDF, 257 KB)
Case name
Jetstar Airways Limited v Richard Greenslade
Case number
SC 116/2015
Summary
Civil Appeal – Employment Relations Act 2000, s 69ZH(2) – Whether the Court of Appeal erred in finding that the requirement for rest periods under the Australian Civil Aviation Order 48 was not a requirement for a rest break for the purposes of the Employment Relations Act.[2015] NZCA 432  CA 125/2014
Result
A The application for leave to appeal is dismissed. 
B The applicant must pay costs of $2,500 to the respondent.
4 December 2015
Leave judgment - leave dismissed
JETSTAR AIRWAYS LIMITED v RICHARD GREENSLADE [2015] NZSC 187   4 December 2015 (PDF, 78 KB)
Employment Court decision
ROBERT RICHARD GREENSLADE v JETSTAR AIRWAYS LIMITED NZEmpC AUCKLAND [2014]  NZEmpC 23  14 February
Judgment appealed from

JETSTAR AIRWAYS LIMITED v GREENSLADE [2015] NZCA 432  11 September 2015
Case name
Michael John Penman v The Queen 
Case number
SC 117/2015
Summary
Criminal Appeal – Whether there was a breach of the New Zealand Bill of Rights Act 1990, ss 25 and 27 – Whether defence counsel failed to adequately follow instructions. [2015] NZCA 364   CA 253/2014
Result
The application for leave to appeal is dismissed.
28 July 2016
Leave judgment - leave dismissed
MICHAEL JOHN PENMAN v R [2016] NZSC 96     28 July 2016 (PDF, 78 KB)
Judgment appealed from

PENMAN v R CA253/2014 [2015] NZCA 364    11 August 2015
Case name
N v M and others
Case number
SC 118/2015
Summary
Civil appeal – Whether the High Court judgment was invalid for want of jurisdiction –Whether the High Court Judge should have recused himself.[2015] NZHC 1496  Civ 2013 – 404 -75
Result
A The application for leave to appeal is dismissed. B The applicant is to pay costs of $2,500 to the first respondent.
3 December 2015
Leave judgment - leave dismissed
N v M [2015] NZSC 185   3 December 2015 (PDF, 80 KB)
Judgment appealed from

 N v M [2015] NZHC 1496 not available
Case name
R v The Queen
Case number
SC 119/2015
Summary
Criminal appeal – Evidence Act 2006, s 43 – Whether propensity evidence was correctly admitted – Whether directions from the trial Judge were sufficient to cure the risk of unfairly prejudicial evidence affecting the jury’s verdicts.[2015] NZCA 394     CA 477/2014
Result
The application for leave to appeal is dismissed.
16 February 2016
Court of Appeal decision
R (CA477/2014) v R [2015] NZCA 394 (26 August 2015)
Leave judgment - leave dismissed
R v The Queen [2016] NZSC 10 (16 February 2016)
Case name
Anaru Morgan v The Queen
Case number
SC 120/2015
Summary
Criminal Appeal – Appeal from the High Court – Propensity evidence – Whether the evidence is properly admissible under s 43 of the Evidence Act 2006.  [2015] NZCA 465     CA 405/2015
Result
Application for leave to appeal dismissed.
24 November 2015
Court of Appeal decision
SOLICITOR-GENERAL v MORGAN [2015] NZCA 465 [29 September 2015]
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