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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.

09 December 2024

Case information summary 2024 (as at 6 December 2024) –  Cases where leave granted (126 KB)
Case information summary 2024 (as at 6 December 2024)  – Cases where leave to appeal decision not yet made (PDF, 116 KB)

2017

Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner and Justices Elias, Young, Glazebrook, Arnold and O'Regan
Case number
SC 21/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time for consideration of an application to dispense with security for costs.
Result
The application for leave to appeal is dismissed.
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.                                    
7 July 2017
Court of Appeal decision
Rabson v Judicial Conduct Commissioner [2017] NZCA 44 (6 March 2017)
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 74 16 May 2017 (PDF, 59 KB)
Recall judgment
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 96 [23 June 2017] (PDF, 68 KB)
Additional document
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 100 [29 June 2017 (PDF, 77 KB)
Case name
R v The Queen
Case number
SC 22/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in ordering a retrial.[2016] NZCA 341   CA634/2015 
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 retrial.  Publication in law report or law digest permitted.

20 March 2017
Leave judgment

 suppression
Judgment appealed from

 suppression
Case name
Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington
Case number
SC 23/2017
Summary
Civil Appeal – Judicial review – Whether the Court of Appeal erred in holding that the first respondent had not exercised its prosecutorial discretion unlawfully or unreasonably – Whether the dismissal of charges by the second respondent was ultra vires because the Judge hearing the matter had earlier recused herself from the proceedings.
Result
A The application for leave to appeal is granted in part (Osborne v Worksafe New Zealand [2017] NZCA 11).
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017
_______________________
A The appeal is allowed.
B A declaration is made that the decision of WorkSafe New Zealand to offer no evidence in the prosecution of Peter William Whittall was unlawful.
C Costs are reserved.  The parties may file memoranda by 31 January 2018 if an order for costs is sought.    
23 November 2017
Transcripts
Media Releases
High Court decision
OSBORNE & OR v WORKSAFE NZ & OR [2015] NZHC 2991 [27 November 2015]
Court of Appeal decision
OSBORNE & ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZCA 11 [16 February 2017]
Leave judgment - leave granted
OSBORNE AND ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 90 [19 June 2017] (PDF, 115 KB)
Substantive judgment
ANNA ELIZABETH OSBORNE AND SONYA LYNNE ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 175 [23 November 2017] (PDF, 421 KB)
Case name
AN v Bupa Care Services (New Zealand) Limited
Case number
SC 24/2017
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.
Result
A  The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs. 12 April 2017 _____ The application for recall is dismissed.
1 May 2017
Leave judgment - leave dismissed
AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 49   12 April 2017 (PDF, 139 KB)
Recall judgment
AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 52  1 May 2017 (PDF, 70 KB)
Judgment appealed from

N v BUPA CARE SERVICES (NEW ZEALAND) LTD [2017] NZHC 499  17 March 2017
Case name
Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee
Case number
SC 25/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the first respondent costs of $2,500. 5 May 2017
High Court decision
COMMISSIONER OF INLAND REVENUE v CLARENCE JOHN FALOON [2016] NZHC 760    14 April 2016
Leave judgment - leave dismissed
CLARENCE JOHN FALOON v COMMISSIONER OF INLAND REVENUE [2017] NZSC 65    5 May 2017 (PDF, 69 KB)
Judgment appealed from

FALOON v COMMISSIONER OF INLAND REVENUE [2016] NZCA 537  11 November 2016
Case name
Wellington International Airport Limited v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Director of Civil Aviation
Case number
SC 26/2017
Summary
Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Result
A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.16 May 2017
________________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary.  We allow for second counsel. 
21 December 2017
Transcripts
Media Releases
High Court decision
NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 [6 July 2016]
Court of Appeal decision
NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 [28 February 2017]
Leave judgment - leave granted
WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70 [16 May 2017] (PDF, 118 KB)
Substantive judgment
WELLINGTON INTERNATIONAL AIRPORT L TD v NEW ZEALAND AIR LINE PILOTSʼ ASSOC INDUSTRIAL UNION OF WORKERS INC [2017] NZSC 199 [21 December 2017 (PDF, 454 KB)
Case name
Alan Ivo Greer v The Queen 
Case number
SC 27/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence.
Result
The application for leave to appeal is dismissed.
16 May 2017
High Court decision
R v GREER [2014] NZHC 2364     26 September 2014
Leave judgment - leave dismissed
ALAN IVO GREER v R [2017] NZSC 75   16 May 2017 (PDF, 69 KB)
Judgment appealed from

GREER v R [2016] NZCA 630   21 December 2016
Case name
K v T
Case number
SC 28/2017
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.
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.                                                     
19 June 2017
High Court decision
Not publicly available
Leave judgment

suppression
Judgment appealed from

T v K [2017] NZCA 25 [28 February 2017]
Case name
Alister James Reid  v The Queen
Case number
SC 29/2017
Summary
Criminal Appeal – Whether the hearsay statement by the complainant was correctly admitted as evidence at the applicant’s trial.
Result
The application for leave to appeal is dismissed. 
7 July 2017
Leave judgment - leave dismissed
ALISTER JAMES REID v R [2017] NZSC 108  7 July 2017 (PDF, 69 KB)
Judgment appealed from

DC (not available publicly) :
Case name
Director of Civil Aviation v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Wellington International Airport Limited
Case number
SC 30/2017
Summary
Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Result
A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
16 May 2017
_________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary.  We allow for second counsel.
21 December 2017
Transcripts
Media Releases
High Court decision
NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 [6 July 2016]
Court of Appeal decision
NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 [28 February 2017]
Leave judgment - leave granted
WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70 [16 May 2017] (PDF, 118 KB)
Substantive judgment
WELLINGTON INTERNATIONAL AIRPORT LTD v NEW ZEALAND AIR LINE PILOTSʼ ASSOC INDUSTRIAL UNION OF WORKERS INC [2017] NZSC 199 [21 December 2017] (PDF, 454 KB)
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