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)

2023

Case name
Beca Carter Hollings & Ferner Limited v Wellington City Council
Case number
SC 11/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Beca Carter Hollings & Ferner Limited v Wellington City Council [2022] NZCA 624).
B The approved question is whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim.
21 April 2024
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A The appeal is dismissed.
B The claim by Wellington City Council against Beca Carter Hollings & Ferner Ltd is not time-barred.
C The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel. 18 September 2024
Date of hearing
18 October 2023
Judges
Glazebrook, O’Regan, Ellen France, Williams and Kós JJ
Case name
Solicitor-General's Reference (No 1 of 2023) from CA636/2021 ([2022] NZCA 504)
Case number
SC 12/2023
Summary
Solicitor-General's Reference
Result
A We grant leave to the Solicitor-General to refer the following question of law (arising from Darling v R [2022] NZCA 504) to this Court under s 317 of the Criminal Procedure Act 2011: On the facts as set out in the Court of Appeal decision and the relevant documents on which guilty pleas were entered, did Mr Anderson’s acquittal mean that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea?

B We appoint Ms Guy Kidd KC as counsel to assist the Court under s 318(3)(a) of the Criminal Procedure Act.
6 April 2023
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The question of law (arising from Darling v R [2022] NZCA 504) referred to this Court being whether Mr Anderson’s acquittal meant that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea, is answered “No”.
17 November 2023
Date of hearing
16 August 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ; Venue: Auckland Environment Court, Courtroom 2, 41 Federal Street, Auckland
Case name
M (SC 13/2023) v The King
Case number
SC 13/2023
Summary
Criminal Appeal
Result
A The application for leave to appeal by E is granted (LF (CA596/2022) v R and E (CA671/2022) v R [2022] NZCA 656). The approved question is whether the Court of Appeal was correct to dismiss E’s appeal in so far as it sought suppression of LF’s name under ss 200(1) and 200(2)(f) of the Criminal Procedure Act 2011.
B The application for an extension of time by LF to appeal direct to this Court, against the High Court’s judgment ([LF] v R [2022] NZHC 2547) is granted. Leave to appeal is granted. The approved question is whether the High Court was correct to decline to grant LF permanent name suppression.
C We make an interim order prohibiting publication of LF’s name, address, occupation or identifying particulars pending the determination of the appeals by the Supreme Court.
D We make an order prohibiting publication of this judgment until 2 pm on 25 May 2023.
23 May 2023
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A The application by the appellant LF to adduce evidence updating the position in terms of social media and other coverage relating to LF’s case is granted.
B M’s appeal is dismissed.
C LF’s appeal is dismissed.
D Order prohibiting publication of LF’s name, address, occupation or identifying particulars until 5.00 pm on 14 June 2024 or on earlier order of the Court quashing or varying this order.
E Order prohibiting publication of the media release; of the minutes; and of this judgment or any information therein until the judgment is delivered at 4.00 pm on 23 April 2024.
F Order prohibiting publication of any reference to mental health issues beyond those made in the judgment which is made publicly available.
G Order redacting part of the excerpt set out at [74] of the judgment which is made publicly available.
H Order made that the files for these appeals are not to be searched without the leave of a Judge of this Court.
23 April 2024

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NOTE:  INTERIM ORDER PROHIBITING PUBLICATION OF LF’S NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS HAS BEEN EXTENDED UNTIL 5.00 PM 31 MARCH 2025 OR ON EARLIER ORDER OF THE COURT QUASHING OR VARYING THIS ORDER.
Date of hearing
19 October 2023
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Kós JJ
Case Synopses
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
Substantive judgment
Case name
LF (SC 14/2023) v The King
Case number
SC 14/2023
Summary
Criminal Appeal
Result
A The application for leave to appeal by E is granted (LF (CA596/2022) v R and E (CA671/2022) v R [2022] NZCA 656). The approved question is whether the Court of Appeal was correct to dismiss E’s appeal in so far as it sought suppression of LF’s name under ss 200(1) and 200(2)(f) of the Criminal Procedure Act 2011.
B The application for an extension of time by LF to appeal direct to this Court, against the High Court’s judgment ([LF] v R [2022] NZHC 2547) is granted. Leave to appeal is granted. The approved question is whether the High Court was correct to decline to grant LF permanent name suppression.
C We make an interim order prohibiting publication of LF’s name, address, occupation or identifying particulars pending the determination of the appeals by the Supreme Court.
D We make an order prohibiting publication of this judgment until 2 pm on 25 May 2023.
23 May 2023
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A The application by the appellant LF to adduce evidence updating the position in terms of social media and other coverage relating to LF’s case is granted.
B M’s appeal is dismissed.
C LF’s appeal is dismissed.
D Order prohibiting publication of LF’s name, address, occupation or identifying particulars until 5.00 pm on 14 June 2024 or on earlier order of the Court quashing or varying this order.
E Order prohibiting publication of the media release; of the minutes; and of this judgment or any information therein until the judgment is delivered at 4.00 pm on 23 April 2024.
F Order prohibiting publication of any reference to mental health issues beyond those made in the judgment which is made publicly available.
G Order redacting part of the excerpt set out at [74] of the judgment which is made publicly available.
H Order made that the files for these appeals are not to be searched without the leave of a Judge of this Court.
23 April 2024


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NOTE:  INTERIM ORDER PROHIBITING PUBLICATION OF LF’S NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS HAS BEEN EXTENDED UNTIL 5.00 PM 31 MARCH 2025 OR ON EARLIER ORDER OF THE COURT QUASHING OR VARYING THIS ORDER.
Date of hearing
19 October 2023
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Kós JJ
Case Synopses
Media Releases
District Court decision
Not publicly available
High Court decision
Not publicly available
Leave judgment - leave granted
Substantive judgment
Case name
Robert Jason Taui v The King
Case number
SC 15/2023
Summary
Criminal Appeal — Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
16 May 2023
Case name
Peter John Hartley v The King
Case number
SC 16/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
MC (SC 17/2023) v Family Court at Manukau and Chief Executive of Oranga Tamariki | Ministry for Children
Case number
SC 17/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal against the High Court judgment (MC v Family Court at Manukau [2022] NZHC 870) is dismissed.
B The application for leave to appeal against the Court of Appeal judgment (MC (CA266/2022) v Manukau Family Court [2022] NZCA 571) is dismissed.
C The applicant must pay the second respondent costs of $2,500.
15 May 2023
Case name
DFT v Auckland High Court, Attorney-General and New Zealand Law Society
Case number
SC 18/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay to each of the second and third respondents costs of $1,250.
17 May 2023
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A The application for recall (DFT v Auckland High Court [2023] NZSC 57) is dismissed.
B The applicant must pay to each of the second and third respondents costs of $500.
29 June 2023
Court of Appeal decision
Leave judgment - leave dismissed
Case name
James Hay Wallace v The King
Case number
SC 19/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The application for bail is dismissed.
21 March 2023
High Court decision
Leave judgment - leave dismissed
Case name
Darnell Wilson Liai v The King
Case number
SC 20/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
1 February 2024
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed