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.
24 June 2024
Case information summary 2024 (as at 21 June 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024) – Cases where leave to appeal decision not yet made (PDF, 125 KB)
All years
Case name
Dean James Charlton v The Queen
Case number
SC 102/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that there was sufficient evidence to support the applicant’s conviction for rape. [2016] NZCA 212 CA452/2015
Result
The application for leave to appeal is dismissed.
9 February 2017
9 February 2017
Leave judgment - leave dismissed
DEAN JAMES CHARLTON v R [2017] NZSC 5 9 February 2017 (PDF, 120 KB)
Judgment appealed from
Case name
Friedrich Joachim Fehling v Attorney-General
Case number
SC 103/2016
Summary
Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the claimed dismissal of a statement of claim for a local body election should be nullified. CIV 2016-418-000020
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.
24 November 2016
B The applicant is to pay the respondent costs of $2,500.
24 November 2016
Leave judgment - leave dismissed
Judgment appealed from
Fehling v The Crown HC Greymouth, CIV-2016-418-20, 26 July 2016 (Minute of Nation J) - not available
Case name
Friedrich Joachim Fehling v West Coast District Health Board
Case number
SC 104/2016
Summary
Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the Human Rights Review Tribunal erred in not accepting certain documents for filing.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $1,500.
24 November 2016
B The applicant is to pay the respondent costs of $1,500.
24 November 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kaveinga Helotu Lavemai v The Queen
Case number
SC 105/2016
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred by dismissing the appeal against sentence. [2016] NZCA 363 CA344/2014
Result
The application for leave to appeal is dismissed.
2 November 2016
2 November 2016
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Hawke's Bay Regional Investment Company Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated and Minister of Conservation
Case number
SC 106/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Conservation Act 1987, s 18(7). [2016] NZCA 411 CA118/2016
Result
A The applications for leave to appeal are granted (Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZCA 411).
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 December 2016
_____________________
A The appeals are dismissed.
B Costs are reserved. If an order for costs is sought, the parties may file written submissions within one month of the date of judgment.
6 July 2017
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 December 2016
_____________________
A The appeals are dismissed.
B Costs are reserved. If an order for costs is sought, the parties may file written submissions within one month of the date of judgment.
6 July 2017
Transcripts
- Hearing date 27 - 28 February 2017 (PDF, 1.2 MB)
Media Releases
- MR [2017] NZSC 106 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Minister of Conservation v Royal Forest and Bird Protection Society of New Zealand Incorporated and Hawke's Bay Regional Investment Company Limited
Case number
SC 107/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Conservation Act 1987, s 18(7). [2016] NZCA 411 CA118/2016
Result
A The applications for leave to appeal are granted (Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZCA 411).
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 December 2016
__________________________
A The appeals are dismissed.
B Costs are reserved. If an order for costs is sought, the parties may file written submissions within one month of the date of judgment.
6 July 2017
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 December 2016
__________________________
A The appeals are dismissed.
B Costs are reserved. If an order for costs is sought, the parties may file written submissions within one month of the date of judgment.
6 July 2017
Transcripts
- Hearing date 27 - 28 February 2017 (PDF, 1.2 MB)
Media Releases
- MR [2017] NZSC 106 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
TWA v HC and Chief Executive of the Ministry of Social Development
Case number
SC 108/2016
Summary
Civil appeal – Whether the Court of Appeal erred in refusing to issue a writ of habeas corpus – Whether the Court of Appeal erred in transferring the application to the Family Court – Whether the Court of Appeal erred in directing that the existing care arrangements are to continue. [2016] NZCA 459 CA381/2016
Result
The application for leave to appeal is dismissed.
18 October 2016
18 October 2016
High Court decision
Leave judgment - leave dismissed
TWA v HC [2016] NZSC 136 18 October 2016 (PDF, 99 KB)
Judgment appealed from
Case name
An Li Tao v Strata Title Administration Ltd, Jigar Pandya and Body Corporate 198693
Case number
SC 109/2016
Summary
Civil appeal – Whether the Court of Appeal erred by declining to review the Deputy Registrar’s decision declining to dispense with or reduce security for costs. [2016] NZCA 437 CA226/2016
Result
The application for leave to appeal is dismissed.
9 November 2016
9 November 2016
High Court decision
Leave judgment - leave dismissed
Case name
Dillin Pakai v The Queen
Case number
SC 110/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.[2016] NZCA 343 CA663/2014
Result
A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed.
8 March 2017
B The applications for leave to appeal are dismissed.
8 March 2017
Leave judgment - leave dismissed
DILLIN PAKAI v R [2017] NZSC 27 8 March 2017 (PDF, 83 KB)
Judgment appealed from
Case name
Shane Pierre Harrison v The Queen
Case number
SC 111/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial. [2016] NZCA 343 CA554/2014
Result
A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed. 8 March 2017
B The applications for leave to appeal are dismissed. 8 March 2017
Leave judgment - leave dismissed
DILLIN PAKAI v R [2017] NZSC 27 8 March 2017 (PDF, 83 KB)
Judgment appealed from
Page 110 of 244