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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.

16 September 2024

Case information summary 2024 (as at 13 September 2024) –  Cases where leave granted (122 KB)
Case information summary 2024 (as at 13 September 2024)  – Cases where leave to appeal decision not yet made (PDF, 124 KB)

All years

Case name
Te Tangata Whenua (as Third Party and Personal Representative of Rhys Warren) v The Queen
Case number
SC 127/2017
Summary
Civil Appeal – Habeas Corpus – Whether the High Court erred in not granting the writ.
Result
The application for leave to appeal is dismissed.                                                 13 December 2017
High Court decision
WARREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 2832 [17 November 2017]
Leave judgment - leave dismissed
TE TANGATA WHENUA (WARREN) v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 189 [13 December 2017] (PDF, 197 KB)
Judgment appealed from
N/A
Case name
Steven Philip Mason and Katharine Mary Mason v Andrew Hamilton Magee and Sharon Lee Magee
Case number
SC 128/2017
Summary
Civil Appeal – Contractual Remedies Act 1979, s 6 – Whether the Court of Appeal erred in finding that there was no misrepresentation.
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay the respondents costs of $2,500.
9th February 2018
High Court decision
MASON v MAGEE [2017] NZHC 51 [31 January 2017]
Leave judgment - leave dismissed
MASON v MAGEE [2018] NZSC 11 [9 February 2018] (PDF, 215 KB)
Court of Appeal decision

MAGEE & ORS v MASON & ORS [2017] NZCA 502 [8 November 2017]
Case name
T v The Queen
Case number
SC 129/2017
Summary
Criminal Appeal – Evidence Act 2006, ss 8 and 43 – Whether the Court of Appeal erred in overturning a pre-trial ruling that certain propensity evidence was not admissible. 
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.                                                                                                      

8 February 2018 
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Carl Kiatika Ngawhika v The Queen
Case number
SC 130/2017
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.
17 April 2018
District Court decision
Not publicly available
Court of Appeal decision
NGAWHIKA V R [2017] NZCA 535 [21 November 2017]
Leave judgment - leave dismissed
CARL KIATIKA NGAWHIKA v R [2018] NZSC 32 [17 April 2018] (PDF, 180 KB)
Case name
AN v Manukau District Court
Case number
SC 131/2017
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the Courts below correctly followed the procedural requirements of the Act  
Result

A notice of abandonment having being filed the appeal is deemed to be dismissed.

20 December 2017 
Court of Appeal decision
Not publicly available
Case name
M v The Queen
Case number
SC 132/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that a judge has power to grant leave to the prosecutor to withdraw charges under s 146(1) of the Criminal Procedure Act 2011 prior to a determination being made in the course of a pre-trial hearing under s 10 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 as to a defendant’s involvement in terms of s 13(1) – Whether the Court of Appeal erred in finding that the Judge had not made any determination under s 13(1) of the Criminal Procedure (Mentally Impaired Persons) Act. 
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.                                                                                                       

7 February 2018 
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Guirong Wen v Kok Ann Ngoi and Sunshine Estate Limited
Case number
SC 133/2017
Summary
Civil Appeal – Contract Law – Whether the Court of Appeal erred in finding a binding contract was formed.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
5 March 2018
High Court decision
NGOI v WEN [2016] NZHC 1621 [18 July 2016]
Court of Appeal decision
NGOI v WEN [2017] NZCA 519 [17 November 2017]
Leave judgment - leave dismissed
GUIRONG WEN v KOK ANN NGOI [2018] NZSC 18 [5 March 2018] (PDF, 105 KB)
Case name
Manchester Securities Limited v Body Corporate 172108
Case number
SC 134/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal from a decision of the High Court varying a remediation scheme settled under s 48 of the Unit Titles Act 1972 and ordering the applicant to make an interim payment to the Body Corporate.
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are awarded to the respondent. 14 March 2018
High Court decision
BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 329 [3 March 2017]
Court of Appeal decision
MANCHESTER SECURITIES LTD v BODY CORPORATE 172108 [2017] NZCA 527 [17 November 2017]
Leave judgment - leave dismissed
MANCHESTER SECURITIES LIMITED v BODY CORPORATE 172108 [2018] NZSC 19 [14 March 2018] (PDF, 208 KB)
Case name
Ngāti Whātua Ōrākei Trust v Attorney General , Ngā ti Paoa Iwi Trust and Marutūāhu Rōpū Ltd
Case number
SC 135/2017
Summary
Civil Appeal – Whether Court of Appeal erred in upholding the High Court’s decision to strike out the applicant’s claim for judicial review – Whether decisions made by the Minister of Treaty of Waitangi Negotiations regarding land proposed to be applied to Treaty of Waitangi settlements are reviewable.
Result
A Leave to appeal is granted (Ngᾱti Whᾱtua Ōrᾱkei Trust v Attorney General [2017] NZCA 554).
B The approved question is whether the Court of Appeal should have allowed the applicant’s appeal to that Court.                                                                   
23 March 2018 
________________________________
A The appeal is allowed in part.  The claim is reinstated apart from paragraphs (e) and (f) of the declaratory relief sought. The proceeding is remitted to the High Court for hearing.
B The first and third respondents must pay the appellant one set of costs of $25,000 plus usual disbursements.  We allow for second counsel.
C The costs orders in the High Court and Court of Appeal are set aside.  If costs in those Courts cannot be agreed they should be set by the Court of Appeal and High Court respectively in light of this judgment.                              
17 September 2018
Transcripts
Media Releases
High Court decision
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2017] NZHC 389 [9 March 2017]
Court of Appeal decision
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL & ORS [2017] NZCA 554 [4 December 2017]
Substantive judgment
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY - GENERAL [2018] NZSC 84 [17 September 2018 (PDF, 521 KB)
Leave judgment - leave granted
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2018] NZSC 24 [23 March 2018] (PDF, 195 KB)
Case name
Kerryn Mitchell v The Queen
Case number
SC 1/2016
Summary
Criminal appeal – Bail – Whether the Court of Appeal erred in dismissing the application for bail before the applicant had submitted further written submissions to that Court.[2015] NZCA 634   CA 675/2015
Result

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

24 February 2016
Judgment appealed from

not available
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