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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
Gregory David Waters v The Queen
Case number
SC 26/2018
Summary
Criminal Appeal – Whether the trial Judge’s failure to sum up the evidence caused a miscarriage of justice – Whether the trial Judge’ s failure to direct the jury under s 32 of the Evidence Act caused prejudice –Whether the Court of Appeal erred in dismissing the appeal against conviction
Result
The application for leave to appeal is dismissed
5 June 2018
Court of Appeal decision
Gregory David Waters v The Queen  [2018] NZCA 84 [10 April 2018]
Leave judgment - leave dismissed
GREGORY DAVID WATERS v R [2018] NZSC 49 [5 June 2018] (PDF, 194 KB)
Case name
Desmond William Cook v Housing New Zealand Corporation
Case number
SC 27/2018
Result
A The application for leave to appeal is dismissed.
B There is no award of costs.    
8 May 2018
High Court decision
COOK v HOUSING NEW ZEALAND CORPORATION [2017] NZHC 2405 [3 October 2017]
Court of Appeal decision
COOK v HOUSING NEW ZEALAND LTD [2018] NZCA 57 [27 March 2018]
Leave judgment - leave dismissed
DESMOND WILLIAM COOK v HOUSING NEW ZEALAND CORPORATION [2018] NZSC 42 [8 May 2018] (PDF, 207 KB)
Case name
Thomas James Luke Olliver v The Queen
Case number
SC 28/2018
Summary
Criminal Appeal – Whether the trial judge’s direction was adequate to the newly formed jury was adequate – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed.                                                                
15 June 2018
Court of Appeal decision
OLLIVER v R [2018] NZCA 74 [28 March 2018]
Leave judgment - leave dismissed
THOMAS JAMES LUKE OLLIVER v R [2018] NZSC 52 [15 June 2018] (PDF, 197 KB)
Case name
Timothy Joseph Foley v The Queen
Case number
SC 29/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed.                                                          21 June 2018
High Court decision
Not publicly available
Court of Appeal decision
FOLEY v R [2016] NZCA 607 [14 December 2016]
Leave judgment - leave dismissed
TIMOTHY JOSEPH FOLEY v R [2018] NZSC 57 [21 June 2018] (PDF, 192 KB)
Case name
Mangawhai Ratepayers' & Residents' Association Inc, Richard Bruce Rogan and Heather Elizabeth Rogan v Northland Regional Council and Kaipara District Council
Case number
SC 30/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of s 5 of the Judicature Amendment Act 1972 – Whether the Court of Appeal erred in its findings under the Local Government (Rating) Act 2002.
Result
A The application for leave to appeal is dismissed.
B Costs of $4,500 plus usual disbursements are awarded to the respondents.
6 August 2018
Court of Appeal decision
NORTHLAND REGIONAL COUNCIL v KAIPARA DISTRICT COUNCIL [2018] NZCA 63 [27 March 2018]
Leave judgment - leave dismissed
MANGAWHAI RATEPAYERS’ & RESIDENTS’ ASSOCIATION INCORPORATED vNORTHLAND REGIONAL COUNCIL [2018] NZSC 69 [6 August 2018] (PDF, 221 KB)
High Court judgments

MANGAWHAI RATEPAYERSʼ & RESIDENTSʼ ASSOCIATION INC & ROGAN v NORTHLAND REGIONAL COUNCIL & KAIPARA DISTRICT COUNCIL[2017] NZHC 1972 [17 August 2017]

 

MANGAWHAI RATEPAYERSʼ & RESIDENTSʼ ASSOCIATION INC v NORTHLAND REGIONAL COUNCIL & KAIPARA DISTRICT COUNCIL [2016] NZHC 2192 [15 September 2016]
Transcript leave hearing

Leave hearing date : 3 July 2018
Case name
David Raymond Lewis v Chief Executive of the Department of Corrections
Case number
SC 31/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against an extended supervision order made in the District Court.
Result
The application for leave to appeal is dismissed.                                                            
13 June 2018
District Court decision
Not publicly available
Court of Appeal decision
David Raymond Lewis v Chief Executive of the Department of Corrections  [2018 NZCA 99 [18 April 2018]
Leave judgment - leave dismissed
DAVID RAYMOND LEWIS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS[2018] NZSC 51 [13 June 2018] (PDF, 209 KB)
Case name
Joseph Warren Lepper v The Queen
Case number
SC 32/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a sentence of preventive detention.
Result
The application for an extension of time to file an application for leave to appeal is dismissed. 26 June 2018
High Court decision
R v LEPPER [2014] NZHC 3015 [28 November 2014]
Court of Appeal decision
LEPPER v R [2016] NZCA 209 [18 May 2016]
Leave judgment - leave dismissed
JOSEPH WARREN LEPPER v R [2018] NZSC 58 [26 June 2018] (PDF, 197 KB)
Case name
Donny Falakoa v The Queen
Case number
SC 33/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not making a discrete allowance for mental health issues and remorse during sentencing – Whether there are exceptional circumstances justifying taking an appeal against conviction directly to this Court.
Result
The application for leave to appeal is dismissed.                                                               
31 July 2018
District Court decision
Not publicly available
Court of Appeal decision
FALAKOA V R [2016] NZCA 202 [16 May 2016]
Leave judgment - leave dismissed
DONNY FALAKOA v R [2018] NZSC 65 [31 July 2018] (PDF, 191 KB)
Case name
H v The Queen
Case number
SC 34/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted.      
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted.

17 July 2018 
Court of Appeal decision
Not publicly available
District Court/High Court judgment

Not publicly available 
Case name
Mark Robert Sandman v Colin Charles McKay, Roger David Cann and David John Clark
Case number
SC 35/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
Result
A Leave to appeal is granted (McKay v Sandman [2018] NZCA 103, [2018] NZAR 707).
B The approved question is whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
7 August 2018
________________________
A  The appeal is dismissed.
B Costs of $25,000 plus usual disbursements are awarded to the respondents.  
16 April 2019
Transcripts
Media Releases
High Court decision
M R SANDMAN v R J GIBONEY AND C C MCKAY AND C C MCKAY, R D CANN AND D J CLARK [2017] NZHC 1832 [4 August 2017]
Court of Appeal decision
MCKAY & ORS v MARK ROBERT SANDMAN [2018] NZCA 103 [20 April 2018]
Leave judgment - leave granted
MARK ROBERT SANDMAN v COLIN CHARLES McKAY, ROGER DAVID CANN AND DAVID JOHN CLARK [2018] NZSC 71 [7 August 2018] (PDF, 179 KB)
Substantive judgment
MARK ROBERT SANDMAN v COLIN CHARLES McKAY, ROGER DAVID CANN AND DAVID JOHN CLARK (as partners of Wilson McKay) [2019] NZSC 41 [16 April 2019] (PDF, 541 KB)
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