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
Vincent Siemer v Michael Peter Stiassny & Ferrier Hodgson
Case number
SC 26/2007
Summary
Summary Civil appeal – breach of interim injunction restraining publication of certain material relating to respondent – applicant found guilty of contempt of court – nature of proceedings; whether arising from an originating or interlocutory application – evidential rules applicable to such proceedings – allegations of judicial bias. CA 55/06; CA 150/06 4 April 2007
Result
Application for leave to appeal dismissed with costs of $2,5000 to the respondents.
12 July 2007
12 July 2007
Leave judgment - leave dismissed
SIEMER v STIASSNY AND ANOR SC 26/2007 [12 July 2007] (PDF, 24 KB)
Judgment appealed from
Case name
Robert Erwood v Janet Maxted and others
Case number
SC 27/2007
Summary
Civil – Whether the Court of Appeal erred in refusing to grant the applicant an extension of time – whether the applicant’s personal circumstances are such that an application should be granted. CA 342/06 30 April 2007
Result
Application for leave to appeal is dismissed with costs of $2.500 for the respondents. Stay of execution revoked.
31 May 2007
31 May 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Sione Tau Uluakiola v The Queen
Case number
SC 28/2007
Summary
Criminal – appeal against conviction – provocation – whether R v Tai [1976] 1 NZLR 102 should be overruled – meaning of “ ordinary person” in s 169(2)(a) of the Crimes Act 1961 – whether appellant’ s Tongan ethnicity and background a qualifying “special characteristic” that could have increased the gravity of the provocation. CA 123/06 6 December 2006
Result
Application for leave to appeal dismissed
22 June 2007
22 June 2007
Leave judgment - leave dismissed
ULUAKIOLA v R SC 28/2007 [22 June 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Deo Datt Sharma v Nirmala Wati
Case number
SC 29/2007
Summary
Civil appeal – application for removal of counsel for child – whether the Court of Appeal erred in refusing leave to appeal under s 145(1)(b) Care of Children Act 2004 – whether the Court of Appeal erred in deciding that there was no right of appeal under s 66 Judicature Act 1908 – whether the Court of Appeal erred in its award of costs – additional application for temporary stay of access proceedings in Auckland High Court CA 98/07 2 May 2007
Result
Application for leave to appeal is dismissed.
23 July 2007
23 July 2007
Leave judgment - leave dismissed
SHARMA v NIRMALA WATI SC 29/2007 [23 July 2007] (PDF, 14 KB)
Judgment appealed from
Case name
Brian Johnson Mankelow v The Queen
Case number
SC 30/2007
Summary
Criminal – appeal against conviction – trial directions as to inferences – whether the Court of Appeal should have reconsidered its decision in 2005 that certain evidence was admissible in light of the decision of the Court of Appeal in R v Williams [2007] NZCA 52 – whether there has been a substantial miscarriage of justice. CA 443/06 19 April 2007
Result
Application for leave to appeal dismissed.
20 July 2007
20 July 2007
Leave judgment - leave dismissed
MANKELOW v R SC 30/2007 [20 July 2007] (PDF, 15 KB)
Judgment appealed from
Case name
Dollars and Sense Finance Limited v Rerekohu Nathan
Case number
SC 31/2007
Summary
Summary Civil appeal – enforceability of a registered mortgage – borrower forged the signature of one of the sureties, his mother, on the mortgage documents – lender’s solicitor had delivered the mortgage documents to the borrower to procure the signatures and express informed consent of the sureties – whether the borrower was the agent of the lender – whether the borrower’s fraud can be attributed to the lender – whether the surety has an in personam claim against the lender. CA 107/05 4 May 2007
Result
Application for leave to appeal granted.
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
Leave judgment - leave granted
Judgment appealed from
Transcript
Substantive judgment / Media release
Case name
Kem Raju Samy v The Queen
Case number
SC 32/2007
Summary
Criminal appeal – Appeal against conviction - whether the Court of Appeal dismissed the appellant’s appeal without allowing him to be properly heard – whether the appellant should have been permitted to return to New Zealand for the Court of Appeal hearing of his appeal against conviction - whether an adjournment should have been given to allow the appellant to be located and cross-examined via video-conference. CA 123/05 23 April 2007
Leave judgment - leave dismissed
SAMY v R SC 32/2007 [5 December 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Joseph Ronald Belcher v The Chief Executive of the Department of Corrections
Case number
SC 33/2007
Summary
Criminal – sexual offending – appeal against sentence – applicant first sentenced in 1996 – Extended Supervision Order (ESO) imposed in 2005 – whether applicant received a fair hearing by an independent tribunal – whether imposition of ESO was unlawful, arbitrary and manifestly excessive – whether process by which ESO was imposed was flawed in relation to admissibility and treatment of evidence or otherwise – whether Court of Appeal erred in holding it had no jurisdiction to make a declaration of inconsistency of the Parole (Extended Supervision) Amendment Act 2004 with the New Zealand Bill of Rights Act 1990.CA 185/05 3 May 2007
Result
Application for leave to appeal dismissed.
16 July 2007
16 July 2007
Leave judgment - leave dismissed
Case name
Raymond Fraser Kara v The Queen
Case number
SC 34/2007
Summary
Summary Criminal – appeal against increase in sentence as result of successful Solicitor-General’s appeal – Court of Appeal took premeditation into account as additional aggravating factor – whether Court of Appeal formed mistaken understanding of facts of offending. CA 416/06 11 May 2007
Result
Application for leave to appeal is dismissed.
23 July 2007
23 July 2007
Leave judgment - leave dismissed
KARA v R SC 34/2007 [23 July 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Philip David Sturm v The Queen
Case number
SC 35/2007
Summary
Criminal – appeal against conviction – in relation to appellant’ s conviction for stupefying with intent to facilitate the commission of a crime Court of Appeal held that Crown had to prove not only an intention to facilitate the commission of a crime but also an intention to stupefy – trial directions – whether Court of Appeal erred in finding that trial Judge’s directions were sufficient regarding the intention to stupefy – whether Court of Appeal should have focused on whether directions contained an error of law giving rise to a substantial miscarriage of justice rather than focusing on sufficiency of directions – whether Court of Appeal erred in holding that even if directions were unsatisfactory the appellant was clearly subjectively reckless – whether Court of Appeal erred in finding no error in trial Judge’s direction that the voluntary consumption of drugs and alcohol was irrelevant to stupefying counts – whether Court of Appeal erred in concluding that there was no merit in the suggestion that the verdict on the stupefying count “coloured” the other verdicts.CA 35/2007 4 May 2007
Result
Application for leave to appeal dismissed.
2 August 2007
2 August 2007
Leave judgment - leave dismissed
STURM V R SC 35/2007 [2 August 2007] (PDF, 17 KB)
Judgment appealed from
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