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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.

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
John Archibald Banks v The Queen
Case number
SC 41/2017
Summary
Criminal Appeal – Costs in Criminal Cases Act 1967, s 5 – Whether the Court of Appeal and High Court erred in declining to award costs to the applicant following his acquittal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondent of $2,500.
28 June 2017
High Court decision
BANKS v THE QUEEN [2016] NZHC 1596   14 July 2016
Leave judgment - leave dismissed
JOHN ARCHIBALD BANKS v R [2017] NZSC 98   28 June 2017 (PDF, 84 KB)
Judgment appealed from

BANKS v R [2017] NZCA 69    21 March 2017
Case name
Mathew Ngatai Te Moanaui v The Queen
Case number
SC 42/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation of s 202C of the Crimes Act 1961.
Result
The application for leave to appeal is dismissed.
20 June 2017
Leave judgment - leave dismissed
MATHEW NGATAI TE MOANANUI v R [2017] NZSC 93  20 June 2017 (PDF, 83 KB)
Judgment appealed from

TE MOANANUI v R [2017] NZCA 88   28 March 2017
Case name
Tony Douglas Robertson v The Queen
Case number
SC 43/2017
Summary
Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.
Result
The application for an extension of time to file the application for leave is granted.
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
High Court decision
R v R [2015] NZHC 713    15 April 2015
Leave judgment - leave dismissed
TONY DOUGLAS ROBERTSON v R [2017] NZSC 101   4 July 2017 (PDF, 97 KB)
Recall judgment
TONY DOUGLAS ROBERTSON v R [2019] NZSC 110 [10 October 2019] (PDF, 37 KB)
Judgment appealed from

ROBERTSON v R [2016] NZCA 99   8 April 2016
Case name
Michael John Denney v The Queen
Case number
SC 44/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal.
Result
The application for leave to appeal is dismissed.
9 June 2017
Leave judgment - leave dismissed
MICHAEL JOHN DENNEY v R [2017] NZSC 85   9 June 2017 (PDF, 71 KB)
Judgment appealed from

DENNEY v R [2017] NZCA 80   27 March 2017
Case name
H v The Queen
Case number
SC 45/2017
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.[2017] NZCA 108   CA508/2016
Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                     
16 May 2017
Judgment appealed from
not publicly available
Case name
S v The Queen
Case number
SC 46/2017
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of the appeal in the Court of Appeal.  Publication in law report or law digest permitted.
Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of the appeal in the Court of Appeal.  Publication in law report or law digest permitted.
7 July 2017
Judgment appealed from
not publicly available
Case name
Bruce James Spittle v The Queen
Case number
SC 47/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its determination that the verdict of the jury in the applicant’s trial was not unreasonable having regard to the evidence.
Result
The application for leave to appeal is dismissed.                                           6 July 2017
District Court decision
Not publicly available
Leave judgment - leave dismissed
BRUCE JAMES SPITTLE v R [2017] NZSC 105   6 July 2017 (PDF, 80 KB)
Judgment appealed from

SPITTLE v R [2017] NZCA 116   7 April 2017
Case name
Wayne Thomas Patterson v The Queen
Case number
SC 48/2017
Summary
Criminal Appeal – Sentencing Act 2002 – Special release conditions – Whether Sentencing Act authorises a court to confer a power of search on a probation officer – Whether conditions imposed reasonable and proportional in the circumstances.
Leave judgment - leave dismissed
WAYNE THOMAS PATTERSON v R [2017] NZSC 107  6 July 2017 (PDF, 78 KB)
High Court decision
PATTERSON v THE QUEEN [2017] NZHC 49 [31 January 2017]
Judgment appealed from

PATTERSON v R [2017] NZCA 66 [20 March 2017]
Case name
ActiveDocs Limited v Cadre Investments Limited, Michael William Scott and Stanbridge and Treasury Mrechant Finance Limited
Case number
SC 49/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract regarding preference shares – Whether High Court erred by invoking a presumption that dividends from preference shares are calculated cumulative.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondents of $2,500.
20 June 2017
High Court decision
CADRE INVESTMENTS LTD & ORS v ACTIVEDOCS LTD [2016] NZHC 1489 [1 July 2016]
Leave judgment - leave dismissed
ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED, MICHAEL WILLIAM SCOTT STANBRIDGE AND TREASURY MERCHANT FINANCE LIMITED [2017] NZSC 91   20 June 2017 (PDF, 70 KB)
Judgment appealed from

ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED & ORS [2017] NZCA 121 [11 April 2017]
Case name
P v The Queen
Case number
SC 50/2017
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.[2017] NZCA 106   CA66/2017
Result

Judgment released.
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                    
24 May 2017
High Court decision
Not publicly available
Judgment appealed from
(not available publicly)
SC judgment
(not available publicly)
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