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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
2015
Case name
K v Immigration and Protection Tribunal and Chief Executive of the Ministry of Business, Innovation and Employment
Case number
SC 1/2015
Summary
Civil Appeal – Immigration – Whether the Court of Appeal failed to properly consider the evidence in breach of the Evidence Act 2006 – Whether the Court of Appeal misapplied ss 130 and 131 of the Immigration Act 2009 – Whether it was incorrect to dismiss the proceedings on a summary basis.[2014] NZCA 585 CA 500/214
Result
Application for leave to appeal dismissed. 14 May 2015
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Walter Fitikefu v The Queen
Case number
SC 2/2015
Summary
Criminal Appeal – Whether there has been a miscarriage of justice.[2014] NZCA 99 CA 356/2013
Result
Application for leave to appeal dismissed.
10 March 2015
10 March 2015
Leave judgment - leave dismissed
WALTER FITIKEFU v R [2015] NZSC 22 10 March 2015 (PDF, 80 KB)
High Court decision
Judgment appealed from
Case name
NR v MR and others
Case number
SC 3/2015
Summary
Civil Appeal – Whether the Court of Appeal judgment was in breach of the principles of natural justice – Whether the Court of Appeal erred in declining the debarment application – Whether the Court of Appeal erred in declining the disclosure application – Whether the Court of Appeal erred in its award of costs.[2014] NZCA 623 CA 443/2014, CA 456/2014, CA 522/3014, CA 532/2014.
Result
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Leave judgment - leave dismissed
N v M [2015] NZSC 15 27 February 2015 (PDF, 164 KB)
Judgment appealed from
Case name
Trevor John Momo Wilson v The Queen
Case number
SC 4/2015
Summary
Criminal Appeal – “Red Devils” case – Whether the Court of Appeal was correct to dismiss the appeal against conviction – Whether a stay should have been granted. [2014] NZCA 584 CA 725/2012
Result
A The application for leave to appeal is granted.
B The approved questions are:Was R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 correctly decided? And, if notDoes this warrant the quashing of the convictions?
26 May 2015
______________
Appeal allowed, convictions quashed. No order for a retrial.
14 December 2015
B The approved questions are:Was R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 correctly decided? And, if notDoes this warrant the quashing of the convictions?
26 May 2015
______________
Appeal allowed, convictions quashed. No order for a retrial.
14 December 2015
Transcripts
- Hearing date 7 July 2015 (PDF, 510 KB)
Media Releases
- MR [2015] NZSC 189 (PDF, 255 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Maree Howard v Accident Compensation Corporation
Case number
SC 5/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Whether the Court of Appeal erred in dismissing the application for review of the decision of the Registrar of the Court of Appeal not to dispense with or defer payment of security for costs. [2014] NZCA 627 CA 618/2014
Result
A The application for leave to appeal is dismissed. B The applicant must pay costs of $2,500 to the respondent, plus reasonable disbursements. 11 March 2015
____________________________
Application for recall dismissed.
28 April 2015
____________________________
Application for recall dismissed.
28 April 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 6/2015
Summary
Civil Appeal – Judicial Review – Whether the Chambers Order of White J contravened rights of appeal expressly provided by s 40(2)(b) of the Court of Appeal (Civil) Rules 2005 –Whether the Chambers Order was issued without notice and did not address the obvious merit of the appeal.[2014] NZCA 318/2014
Result
Application for leave to appeal is dismissed.
17 April 2015
____________________________
Application for recall dismissed.
5 May 2015
17 April 2015
____________________________
Application for recall dismissed.
5 May 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Siemer v Registrar of the Supreme Court CA318/2014, direction of White J 10 December 2014 -not available
Case name
Ioane Teitiota v The Chief Executive of Ministry of Business Innovation and Employment
Case number
SC 7/2015
Summary
Civil Appeal – Immigration Act 2009, s 245 – Whether the word “Refugee” constitutes and incorporates those who are refugees by way of climate change – Whether the Tribunal erred in its finding that because all people in Kiribati suffer the same results of global warming, that this disqualifies the application from claiming refugee status – Whether the Tribunal failed to consider indirect human agency – Whether the Tribunal failed to consider the relevant international law relevant to the welfare of the applicant’s children – Whether the tribunal erred in failing to consider the children of the applicant separately – Whether the Tribunal erred when it made a finding of fact that the applicant’ s supplies of food and water were adequate.[2014] NZCA 173 CA 50/2014
Result
A The application for leave to adduce further evidence is granted.
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
Transcripts
- Hearing date : 1 April 2015 (PDF, 433 KB)
Leave judgment - leave dismissed
High Court decision
Transcript
Immigration and Protection Tribunal decision
Case name
Vincent Ross Siemer and Jane Dinsdale Siemer v Kevin Stanley Brown and others
Case number
SC 8/2015
Summary
Civil Appeal – Judicial Review – Whether the High Court incorrectly applied test for apprehended bias – Whether the High Court provided counsel with opportunity to be heard – Whether there was an inordinate delay of judgment – Whether the High Court made factual findings contrary to uncontested evidence – Whether the Judge was required to disqualify himself under Section F(1) of the New Zealand Guidelines for Judicial Conduct – Whether there was a breach of natural justice.[2014] NZHC 3175 Civ 2008 044 517
Result
Application for leave to appeal dismissed.
20 April 2015
_____________________________
Application for recall dismissed.
5 May 2015
20 April 2015
_____________________________
Application for recall dismissed.
5 May 2015
High Court decision
Leave judgment - leave dismissed
Recall judgment
Case name
Rebel Waitohi v The Queen
Case number
SC 9/2015
Summary
Criminal Appeal – Whether the Court of Appeal erred in concluding that the applicant’s sentence was not manifestly excessive.[2014] NZCA 614 CA 429/2014
Result
Application for leave to appeal is dismissed.
22 April 2015
22 April 2015
High Court decision
Leave judgment - leave dismissed
REBEL WAITOHI v R [2015] NZSC 43 22 April 2015 (PDF, 80 KB)
Judgment appealed from
Case name
Dawn Lorraine Greenfield v Chief Executive of the Ministry of Social Development
Case number
SC 10/2015
Summary
Civil Appeal – New Zealand Superannuation and Retirement Income Act 2001 – Whether the Court of Appeal erred in finding that significant physical presence in New Zealand is required for an applicant to be ‘ ordinarily resident in New Zealand’ within the meaning of the Act – Whether the Court of Appeal erred in its treatment of the applicant’ s intention to resume living in New Zealand.[2014] NZCA 611 CA 351/2014
Result
The application for leave to appeal is granted (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611). The approved ground is whether the Court of Appeal correctly interpreted the phrase “ordinarily resident in New Zealand” in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001.
11 May 2015
________________________
Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
11 May 2015
________________________
Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
Transcripts
- Hearing date 20 August 2015 (PDF, 410 KB)
Media Releases
- MR [2015] NZSC 139 (PDF, 250 KB)
Additional document
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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