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
Rhys Richard (Ngahiwi) Warren v Chief Executive of the Department of Corrections
Case number
SC 17/2017
Summary
Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.
Result
The application for leave to appeal is dismissed.
2 March 2017
2 March 2017
Leave judgment - leave dismissed
Case name
B v ALA
Case number
SC 18/2017
Summary
Civil Appeal – Whether the Employment Court erred in its application of confidentiality provisions in a settlement agreement.
Result
A The application for an extension of time to apply for leave to appeal is granted but the application for leave is dismissed.
B The applicant must pay costs to the respondent of $2,500. 26 April 2017
B The applicant must pay costs to the respondent of $2,500. 26 April 2017
Employment Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner
Case number
SC 19/2017
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
5 April 2017
B The applicant must pay the respondent costs of $2,500.
5 April 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ram Chander Dahiya v Chief Executive of the Ministry of Business, Innovation and Employment
Case number
SC 20/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal for an extension of time.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent. 8 May 2017
B The applicant is to pay costs of $2,500 to the respondent. 8 May 2017
High Court decision
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner and Justices Elias, Young, Glazebrook, Arnold and O'Regan
Case number
SC 21/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time for consideration of an application to dispense with security for costs.
Result
The application for leave to appeal is dismissed.
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.
7 July 2017
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.
7 July 2017
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Additional document
Case name
R v The Queen
Case number
SC 22/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in ordering a retrial.[2016] NZCA 341 CA634/2015
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 retrial. Publication in law report or law digest permitted.
20 March 2017
Leave judgment
suppression
Judgment appealed from
suppression
Case name
Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington
Case number
SC 23/2017
Summary
Civil Appeal – Judicial review – Whether the Court of Appeal erred in holding that the first respondent had not exercised its prosecutorial discretion unlawfully or unreasonably – Whether the dismissal of charges by the second respondent was ultra vires because the Judge hearing the matter had earlier recused herself from the proceedings.
Result
A The application for leave to appeal is granted in part (Osborne v Worksafe New Zealand [2017] NZCA 11).
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017
_______________________
A The appeal is allowed.
B A declaration is made that the decision of WorkSafe New Zealand to offer no evidence in the prosecution of Peter William Whittall was unlawful.
C Costs are reserved. The parties may file memoranda by 31 January 2018 if an order for costs is sought.
23 November 2017
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017
_______________________
A The appeal is allowed.
B A declaration is made that the decision of WorkSafe New Zealand to offer no evidence in the prosecution of Peter William Whittall was unlawful.
C Costs are reserved. The parties may file memoranda by 31 January 2018 if an order for costs is sought.
23 November 2017
Transcripts
- Hearing date 5 October 2017 (PDF, 241 KB)
Media Releases
- MR [2017] NZSC 175 (PDF, 272 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
AN v Bupa Care Services (New Zealand) Limited
Case number
SC 24/2017
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.
Result
A The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs. 12 April 2017 _____ The application for recall is dismissed.
1 May 2017
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs. 12 April 2017 _____ The application for recall is dismissed.
1 May 2017
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee
Case number
SC 25/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the first respondent costs of $2,500. 5 May 2017
B The applicant is to pay the first respondent costs of $2,500. 5 May 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wellington International Airport Limited v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Director of Civil Aviation
Case number
SC 26/2017
Summary
Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Result
A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.16 May 2017
________________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.16 May 2017
________________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
Transcripts
- Hearing date 24 - 25 August 2017 (PDF, 506 KB)
Media Releases
- MR [2017] NZSC 199 (PDF, 316 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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