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)
2019
Case name
R (SC 1/2019) V The Queen
Case number
SC 1/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A The application for leave to appeal is granted (R (CA158/2018) v R [2018] NZCA 529.
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
_________________________
The appeal is dismissed.
16 August 2019
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
_________________________
The appeal is dismissed.
16 August 2019
Transcripts
- Hearing date 14 May 2019 (PDF, 137 KB)
Media Releases
- MR [2019] NZSC 87 (PDF, 62 KB)
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave granted
R (SC 1/2019) v R [2019] NZSC 10 [21 February 2019] (PDF, 180 KB)
Substantive judgment
R (SC 1/2019) v R [2019] NZSC 87 [16 August 2019] (PDF, 127 KB)
Case name
Michael Main v New Zealand Police
Case number
SC 2/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against the decision of the Deputy Registrar to refuse the application for leave to appeal.
Result
The application for leave to appeal is dismissed. 18 February 2019
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Robert Noe and Atrap Incorporated v Ratzapper Australasia Limited
Case number
SC 3/2019
Summary
Civil Appeal – Arbitration Act 1996, sch 1, art 36 – Whether the applicant was “otherwise unable to present” his case – Whether the Court of Appeal erred in dismissing the appeal against enforcement of the arbitral award.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
27 March 2019
B The applicants must pay the respondent costs of $2,500.
27 March 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Muhammad Shamsud-Dean SAHU KHAN v Mohammed SHARIFF
Case number
SC 4/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an appeal against the decision of the High Court finding that the tort of deceit had not been established on the evidence.
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
14 May 2019
B No order as to costs.
14 May 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Caleb Afamasaga v The Queen
Case number
SC 5/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in analysing the prejudicial effect of text messages produced at trial – Whether that error was a miscarriage of justice
Result
The application for an extension of time to make an application for leave to appeal is dismissed.
27 February 2019
27 February 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
CALEB AFAMASAGA v R [2019] NZSC 16 [27 February 2019] (PDF, 191 KB)
Case name
Richard Lyall Genge v The Queen
Case number
SC 6/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining the application to withdraw the notice of abandonment and bring an appeal out of time.
Result
The application for leave to appeal is dismissed.
3 April 2019
3 April 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Brook Valley Community Group Incorporated v Brook Waimarama Sanctuary Trust, Minister for the Environment and Nelson City Council
Case number
SC 7/2019
Summary
Civil Appeal – Resource Management Act 1991, ss 13, 15 and 360(1)(h) – Whether the discharge of brodifacoum was unlawful – Whether the exempting regulations made under s 360(1)(h) of the Resource Management Act were unlawful – Whether the reduction in the costs award in the High Court was sufficient to reflect the public interest in the case – Whether the Court of Appeal erred in dismissing the appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019
Transcripts
- Hearing date 2 May 2019 (PDF, 113 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Rene Mischelle de Kwant v The Queen
Case number
SC 8/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a sentence of preventive detention.
Result
The application for leave to appeal is dismissed
24 July 2019
24 July 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Jenny Lyn Walker v Nelson District Court and Nelson City Council
Case number
SC 9/2019
Summary
Civil Appeal – Whether a Court of Appeal Judge erred in declining to review a Deputy Registrar’s security for costs decision.
Result
A The applications for a stay and for leave to appeal are dismissed.
B The applicant must pay the second respondent costs of $2,500.
11 March 2019
B The applicant must pay the second respondent costs of $2,500.
11 March 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
The Queen v K
Case number
SC 10/2019
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
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.
10 May 2019
10 May 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Date of Hearing, judges
27 March 2019
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
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