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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.

8 November 2024

Case information summary 2024 (as at 8 November 2024) –  Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024)  – Cases where leave to appeal decision not yet made (PDF, 116 KB)

All years

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
Case name
Peter Gerard Stockman v NZ Asscoiation of Counsellors Incorporated
Case number
SC 2/2016
Summary
Civil Appeal – Whether the Court of Appeal should have recalled its judgment ordering standard rather than indemnity costs – Whether judgments must directly refer to all submissions made by parties. [2015] NZCA 542   CA 669/2013
Result
The application for leave to appeal is dismissed.
There is no order for costs.
29 February 2016
_____ 
A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.
B There is no order for costs.
7 April 2016
High Court decision
STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2013] NZHC 2267    2 September 2013
Leave judgment - leave dismissed
PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED  [2016] NZSC 18   29 February 2016 (PDF, 69 KB)
Recall judgment
PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2016] NZSC 35    7 April 2016 (PDF, 115 KB)
NZCA judgment appealed from 

NZ ASSOC OF COUNSELLORS INC V STOCKMAN [2015] NZCA 629    18 December 2015
NZCA judgment 

NZ ASSOCIATION OF COUNSELLORS INC v STOCKMAN [2015] NZCA 542 12 November 2015
Case name
William Yan and Wei You v Commissioner of Police
Case number
SC 3/2016
Summary
Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.  [2015] NZCA 576  CA 683/2014
Result
Application for leave to appeal dismissed.
26  April 2016
Leave judgment - leave dismissed
YAN v COMMISSIONER OF POLICE [2016] NZSC 41    26 April 2016 (PDF, 121 KB)
Judgment appealed from

P (CA284/2015) v R [2016] NZCA 576   2 December 2016
Case name
Zhihong Xu v Lijing Zeng v Commissioner of Police
Case number
SC 4/2016
Summary
Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.[2015] NZCA 576  CA 684/2014
Result
Application for leave to appeal dismissed. 26  April 2016
Leave judgment - leave dismissed
YAN v COMMISSIONER OF POLICE [2016] NZSC 41   26 April 2016 (PDF, 121 KB)
Judgment appealed from

P (CA284/2015) v R [2016] NZCA 576    2 December 2016
Case name
Kulbir Singh and Navjot Kaur v Chief Executive, Ministry of Busines, Innovation and Employment
Case number
SC 5/2016
Summary
Civil Appeal – Immigration Act, s 177 – Whether Court of Appeal interpreted s 177 Immigration Act correctly ­– Whether Court of Appeal applied the correct standard for unreasonableness to a deportation decision.[2015] NZCA 592  CA 484/2014
Result
Application for leave to appeal dismissed.
19  April 2016
High Court decision
SINGH & KAUR v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT  [2014] NZHC 1916       14 August 2014
Leave judgment - leave dismissed
KULBIR SINGH AND NAVJOT KAUR v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZSC 39    19 April 2016 (PDF, 70 KB)
Judgment appealed from

SINGH v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2015] NZCA 592    8 December 2015

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