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)
2017
Case name
Hinemanu Ngaronoa, Sandra Wilde and Arthury William Taylor v The Attorney-General of New Zealand, The Chief Executive of the Department of Corrections and The Electoral Commission
Case number
SC 102/2017
Summary
Civil Appeal – Electoral Act 1993 – Whether the Court of Appeal erred in finding that s 268(1)(e) entrenches only that part of s 74 which relates to the age for registration as an elector – Whether the Court of Appeal erred in finding that s 80(1)(d) is not directly or indirectly discriminatory and does not involve a breach of the New Zealand Bill of Rights Act 1990.
Result
A The application for leave to appeal is granted on the question of whether the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 purported to amend an entrenched provision of the Electoral Act 1993 and thus required a 75 per cent majority to be passed.
B The application is otherwise dismissed.
C There is no costs award.
6 December 2017
________________________
A The appeal is dismissed.
B There is no order for costs.
14 December 2018
B The application is otherwise dismissed.
C There is no costs award.
6 December 2017
________________________
A The appeal is dismissed.
B There is no order for costs.
14 December 2018
Transcripts
- Hearing date 26 March 2018 (PDF, 493 KB)
Media Releases
- MR [2018] NZSC 123 (PDF, 299 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Trends Publishing International Limited v Advicewise People Limited, Callaghan Innovation, Mediaworks Radio Limited, and Webstar a division of Blue Star Group (New Zealand) Limited
Case number
SC 103/2017
Summary
Civil Appeal – Companies Act 1993, pt 14 – Whether the Court of Appeal erred in its approach to determining “classes of creditors” – Whether the Court of Appeal erred in its approach to the evidence – Whether the Court of Appeal erred in finding that the applicants had not disclosed adequate information to the creditors.
Result
A Leave to appeal is granted (Trends Publishing International Ltd v Advicewise People Ltd [2017] NZCA 365).
B The approved question is whether the order setting aside the proposal to creditors put forward by the directors of the applicant under pt 14 of the Companies Act 1993 should have been set aside.
7 November 2017
_______________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $25,000 and usual disbursements.
16 July 2018
B The approved question is whether the order setting aside the proposal to creditors put forward by the directors of the applicant under pt 14 of the Companies Act 1993 should have been set aside.
7 November 2017
_______________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $25,000 and usual disbursements.
16 July 2018
Transcripts
- Hearing date 22 February 2018 (PDF, 671 KB)
Media Releases
- MR [2018] NZSC 62 (PDF, 287 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Studorp Limited & James Hardie New Zealand v Tracey Jane Cridge, Mark Anthony Unwin, Katrina McKellar Fowler, Scott Woodhead & Body Corp 316651
Case number
SC 104/2017
Result
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
High Court decision
High Court decision
Leave judgment - leave dismissed
Case name
Gary Owen Burgess v Malley & Co
Case number
SC 105/2017
Summary
Civil Appeal – Breach of duties owed by lawyer to client – Whether Court of Appeal erred in dismissing the applicant’s claim against his former lawyers.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
B v The Queen
Case number
SC 106/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
The application for leave to appeal is dismissed
1 December 2017
High Court decision
Not publicly available
Judgment appealed from
Not publicly available
Case name
Da (David) Jiang Fan v The Queen
Case number
SC 107/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the City of Auckland Operative District Plan 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.
Result
The application for leave to appeal is dismissed. 6 December 2017
Leave judgment - leave dismissed
DA JIANG FAN v R [2017] NZSC 184 [6 December 2017] (PDF, 86 KB)
Judgment appealed from
Case name
Anthony Harry De Vries v Bartercard Exchange Limited
Case number
SC 108/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to waive the filing fee for the appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
11 December 2017
____________________________
The application for recall is dismissed.
2 February 2018
B The applicant must pay costs of $2,500 to the respondent.
11 December 2017
____________________________
The application for recall is dismissed.
2 February 2018
Leave judgment - leave dismissed
Recall judgment
High Court decision
Case name
George Charlie Baker v The Queen
Case number
SC 109/2017
Summary
Criminal Appeal – Sentence Appeal – Whether the High Court erred in imposing a minimum term of preventive detention longer than the maximum period of imprisonment for the offending.
Result
The application for leave to appeal is dismissed.
19 December 2017
19 December 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Graeme Andrew Joblin v The Queen
Case number
SC 110/2017
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding there was no miscarriage of justice at trial.
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
19 December 2017
B The application for leave to appeal is dismissed.
19 December 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ngāti Wāhiao v Ngāti Hurungaterangi and Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue
Case number
SC 111/2017
Summary
Civil Appeal – Arbitration – Whether Court of Appeal erred in setting aside an arbitral award.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondents
21 December 2017
B The applicant is to pay costs of $2,500 to the respondents
21 December 2017
High Court decision
Leave judgment - leave dismissed
Court of Appeal decision
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