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.
27 September 2024
Case information summary 2024 (as at 27 September 2024) – Cases where leave granted (127 KB)
Case information summary 2024 (as at 27 September 2024) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
Vincent Ross Siemer v Registrar, Supreme Court and Ministry of Justice
Case number
SC 59/2014
Summary
Civil – Supreme Court Rules 2004 – Whether the High Court erred in striking out the applicant’s judicial review proceedings. [2014] NZHC 1179 Civ 2013 – 404 4750
Result
Application for leave to appeal is dismissed. 5 August 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Douglas and Christine Banks v Grey District Council
Case number
SC 60/2014
Summary
Civil Appeal – civil procedure – whether the Court of Appeal erred in directing that both appeals be heard together and in one day – whether the Court of Appeal erred in directing that the appeals be conducted using the case on appeal filed by the respondent – whether the Court of Appeal erred in directing that questions of costs be determined as part of the appeals. CA 460/2013; CA 667/2013 Stevens J
Result
Application for leave to appeal is dismissed.
5 August 2014
5 August 2014
Leave judgment - leave dismissed
Case name
Todd Aaron Marteley v The Legal Services Commissioner
Case number
SC 61/2014
Summary
Civil Appeal – Legal aid – Whether the Court of Appeal erred in its interpretation of s 8 of the Legal Services Act 2011 – Whether costs should have been awarded to the applicant in the courts below. [2014] NZCA 185 CA 735/2013
Result
A The application for leave to appeal is granted (The Legal Services Commissioner v Marteley [2014] NZCA 185).
B The approved questions are:
Was the interpretation of s 8 of the Legal Services Act 2011 by the majority of the Court of Appeal correct?
Should costs have been awarded to the applicant in the courts below?
22 July 2014
_______________
A The appeal is allowed, the Court of Appeal judgment is set-aside and the order that the appellant receive legal aid for his conviction appeal is restored.
B In this Court the appellant is awarded costs of $25,000 together with reasonable disbursements.
C The appellant is also entitled to costs and disbursements in the High Court and Court of Appeal to be fixed by those Courts.
21 August 2015
B The approved questions are:
Was the interpretation of s 8 of the Legal Services Act 2011 by the majority of the Court of Appeal correct?
Should costs have been awarded to the applicant in the courts below?
22 July 2014
_______________
A The appeal is allowed, the Court of Appeal judgment is set-aside and the order that the appellant receive legal aid for his conviction appeal is restored.
B In this Court the appellant is awarded costs of $25,000 together with reasonable disbursements.
C The appellant is also entitled to costs and disbursements in the High Court and Court of Appeal to be fixed by those Courts.
21 August 2015
Transcripts
- Hearing date 5 May 2015 (PDF, 644 KB)
Media Releases
- MR [2015] NZSC 127 (PDF, 249 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Paul Andrew Gottermeyer v The Queen
Case number
SC 62/2014
Summary
Criminal Appeal – Sentencing Act 2002, s 104 – Whether the Court of Appeal erred in holding that mental health issues do not prevent s 104(1)(e) being engaged.[2014] NZCA 205 CA 739/2013
Result
Application for leave to appeal dismissed.
19 August 2014
19 August 2014
Leave judgment - leave dismissed
judgment appealed from
not available online
Case name
Colin Geoffrey Hayball v The Queen
Case number
SC 63/2014
Summary
Criminal appeal – Whether the Court of Appeal and/or the trial Judge acted impartially – Whether the verdict could reasonably have been supported on the evidence – Whether the sentence was unreasonable.[2014] NZCA 237 CA 658/2013
Result
Application for leave to appeal dismissed. 18 September 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
AD v The Queen
Case number
SC 64/2014
Summary
[2014] NZCA 223 CA 490/2013
Result
Application for leave to appeal dismissed.
21 August 2014
21 August 2014
Leave judgment - leave dismissed
AD v R [2014] NZSC 114 [21 August 2014] (PDF, 58 KB)
Judgment appealed from
not available online
Case name
Evgeny Orlov v The National Standards Committee No 1
Case number
SC 65/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the decision of the High Court to debar the applicant’s counsel – Whether the Court of Appeal erred in finding that a judge who had subsequently recused himself could exercise the jurisdiction to debar counsel – Whether the Court of Appeal erred in refusing to allow the applicant to record the hearing – Whether the Court of Appeal erred in making directions as to how the amicus should perform their duties.[2014] NZCA 242 CA 127/2014
Result
Application for leave to appeal dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Robert Alfred Stevenson v The Chief Executive of the Department of Corrections
Case number
SC 66/2014
Summary
Civil Appeal – Habeas corpus – Habeas Corpus Act 2001, s 14(2)(a) and New Zealand Bill Of Rights Act 1990, s 25(h) – Whether the Court of Appeal erred in refusing to issue a writ of habeas corpus – Whether s 14(2)(a) of the Habeas Corpus Act 2001 applies in this case – Whether s 25(h) of the New Zealand Bill of Rights Act 1990 impacts on the interpretation of s 14(2)(a) – Whether the Court of Appeal erred in not considering all relevant evidence.[2014] NZCA 308 CA 321/2014
Result
The application for leave to appeal is dismissed.
4 September 2014
___________
The application for recall is dismissed.
18 September 2014
____________
Nothing new raised in what is effectively a second recall application. It is dismissed.
Registrar directed not to receive for filing further such applications.
25 September 2014
4 September 2014
___________
The application for recall is dismissed.
18 September 2014
____________
Nothing new raised in what is effectively a second recall application. It is dismissed.
Registrar directed not to receive for filing further such applications.
25 September 2014
Leave judgment - leave dismissed
Recall judgment
Case name
R v The Queen
Case number
SC 67/2014
Summary
Criminal Appeal – s 385 Crimes Act 1961 – Whether the verdicts of the jury are unsafe by virtue of the circumstances in which they were delivered by the jury – Whether there has been a miscarriage of justice.[2014] NZCA 239 CA 282/2103
Result
Application for leave to appeal dismissed.
22 December 2014
22 December 2014
Leave judgment - leave dismissed
R v R [2014] NZSC 194 22 December 2014 (PDF, 92 KB)
Judgment appealed from
Case name
Rhys Michael Cullen v The Queen
Case number
SC 68/2014
Summary
Criminal Appeal – Whether the actions and state of mind of an employee authorised by s 19 of the Secondhand Dealers and Pawnbrokers Act 2004 to enter into transactions on behalf of a license holder are attributable to the licence holder – Whether the acts of an employee whose normal duties include assistance in dismantling cars are attributable to the employer as acts helping to dispose of property within the scope of s 246 of the Crimes Act 1961. [2014] NZCA 325 CA 769/2013.
Result
The application for leave to appeal is granted.
The approved question is whether the Court of Appeal was correct to dismiss Mr Cullen’s appeal.
22 October 2014
__________________
Appeal dismissed.
29 May 2015
The approved question is whether the Court of Appeal was correct to dismiss Mr Cullen’s appeal.
22 October 2014
__________________
Appeal dismissed.
29 May 2015
Transcripts
- Hearing date 10 March 2015 (PDF, 371 KB)
Media Releases
- MR [2015] NZSC 73 (PDF, 252 KB)
Leave judgment - leave granted
Substantive judgment
CULLEN v R [2015] NZSC 73 [29 May 2015] (PDF, 162 KB)
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