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
Western Park Village Limited, Darryll Lawrenece Heaven, Anne Evelyn Heaven and Trustee Management Limited
Case number
SC 11/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract by allowing the respondent to be paid in New Zealand dollars – Whether the Court of Appeal erred in applying the contract’s penalty interest provision.[2014] NZCA 6340 CA 115/2014
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 May 2015
B The applicants must pay the respondent costs of $2,500.
14 May 2015
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 12/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of decisions of the Deputy Registrar – Whether the decision to dismiss the application was affected by apparent bias or a breach of the principles of natural justice.[2015] NZCA 5 CA 550/2014
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 12 May 2015.
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Proprietors of Wakatū and Rore Pat Stafford and others v Attorney-General and Ngāti Rārua Iwi Trust and Ngāti Kōata Trust
Case number
SC 13/2015
Summary
Civil appeal – Whether the Crown breached legally enforceable obligations in respect of land acquired for the New Zealand Company’s Nelson Settlement – Whether lapse of time provides the Crown a defence – Whether the first and third appellants have standing.[2014] NZCA 628 CA 436/2012
Result
A The application by the first, second and third applicants for leave to appeal the judgment of the Court of Appeal delivered on 19 December 2014 in Proprietors of Wakatū v Attorney-General [2014] NZCA 628, [2015] 2 NZLR 298 is granted.
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
_____________________________
A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
_____________________________
A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
Transcripts
- Hearing date 12 - 15 October 2015 (PDF, 2.2 MB)
Media Releases
- MR [2017] NZSC 17 (PDF, 291 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
[2017] NZSC 17 PROPRIETORS OF WAKATU v ATTORNEY-GENERAL (PDF, 2.8 MB)
Case name
Colin James Dallas v Wellington City Council
Case number
SC 14/2015
Summary
Civil Appeal – Fair Trading Act 1986, s 9 – Whether the Court of Appeal erred in finding a breach of s 9 of the Fair Trading Act.[2014] NZCA 631 CA 148/2014
Result
A The application for leave to appeal is granted (Wellington City Council v Dallas [2014] NZCA 631). B The approved questions are: (a) Was the Court of Appeal correct to have found the applicant liable under the Fair Trading Act 1986? (b) If so, should the applicant have been held liable for 50 per cent of the respondent’s loss? 26 June 2015 ________________________ Notice of abandonment being lodged, the appeal is deemed to be dismissed. 11 November 2015
Leave judgment - leave granted
Judgment appealed from
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 15/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005 – whether the Court of Appeal erred in upholding the registrar’s decision not to dispense with security for costs.[2015] NZCA 8 CA 669/2014
Result
The application for leave to appeal is dismissed.
The applicant must pay the respondent costs of $2,500. 23 April 2015
The applicant must pay the respondent costs of $2,500. 23 April 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
B v The Queen
Case number
SC 16/2015
Summary
Criminal Appeal – Criminal Procedure (Mentally Impaired Persons) Act 2003 – Whether District Court erred in ordering detention as special patient – Whether Court of Appeal erred in findings on instructions to trial counsel.[2014] NZCA 212 CA 627/2013
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed. 15 May 2015
B The application for leave to appeal is dismissed. 15 May 2015
Leave judgment - leave dismissed
B v R [2015] NZSC 66 15 May 2015 (PDF, 77 KB)
Judgment appealed from
B v R [2014] NZCA 212 (White, Ronald Young and Simon France JJ) [B (CA)] not available
Case name
Taylor Jade Schmidt v Noel Robert Hair
Case number
SC 17/2015
Summary
Civil appeal – whether the Court of Appeal erred in concluding that no cause of action for knowing receipt and unjust enrichment was open to the applicant – whether the Court of Appeal erred in its approach to evidential questions.[2015] NZCA 6 CA 794/2011
Result
Application for leave to appeal is dismissed. Costs to the respondent of $2,500.00
17 April 2015
17 April 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Rikki Leigh Scott-Ngatai-Check v The Queen
Case number
SC 18/2015
Summary
Criminal Appeal – Whether there has been a miscarriage of justice – Whether the Court of Appeal placed insufficient weight on the prejudicial effect of the expert’s opinion evidence. [2011] NZCA 543 CA 175/2011
Result
An extension of time to make the application for leave to appeal is granted but that application for leave to appeal is dismissed. 24 April 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Francisc Catalin Deliu v The New Zealand Law Society
Case number
SC 19/2015
Summary
Civil Appeal – Lawyers and Conveyancers Act 2006 – whether the Court of Appeal erred in finding that the High Court was correct to adjourn the applicant’s judicial review application pending the outcome of the disciplinary proceedings against him under the Lawyers and Conveyancers Act.[2015] NZCA 12 CA 121/2014
Result
Application for leave to appeal dismissed. Costs to the respondent $2,500.
2 June 2015
______________________
Application for recall dismissed.
14 July 2015
2 June 2015
______________________
Application for recall dismissed.
14 July 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 20/2015
Summary
Civil appeal – whether High Court erred in dismissing the applicant’ s application for judicial review and a stay of proceedings.[2015] NZCA 68 CA 550/2014
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 12 May 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
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