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
Morris Burton Suckling v The Queen
Case number
SC 58/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its application of s 109 of the Tax Administration Act 1994 – Whether the District Court erred in failing to consider objections to the admissibility of propensity evidence. [2016] NZCA 187 CA468/2015
Result
The application for leave to appeal is dismissed.
4 July 2016
4 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wayne Anthony Jonathon Houpapa v The Queen
Case number
SC 59/2016
Summary
Criminal Appeal – Appeal against sentence – Whether the Court of Appeal erred in not giving the defendant a discount for his guilty plea. [2016] NZCA 206 CA525/2015
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
24 February 2017
24 February 2017
Judgment appealed from
Case name
B v Waitemata District Health Board
Case number
SC 60/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that the respondent’s smoke-free policy did not breach the applicant’ s rights under the Bill of Rights Act 1990. [2016] NZCA 184 CA524/2013
Result
A The application for leave to appeal is granted in part (B v Waitemata District Health Board [2016] NZCA 184).
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
Transcripts
- Hearing date 16 November 2016 (PDF, 533 KB)
Media Releases
- MR [2017] NZSC 88 (PDF, 260 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
ASG v Harlene Hayne
Case number
SC 61/2016
Summary
Civil appeal – Criminal procedure Act, s 200 – Whether the Court of Appeal erred in its interpretation of "publication" under s 200 – Was information relied on by the employer obtained contrary to an order made under s 200 and if so, does it matter. [2016] NZCA 203 CA703/2014
Result
A Leave to appeal is granted (ASG v Hayne [2016] NZCA 203)
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
Transcripts
- Hearing date 8 February 2017 (PDF, 301 KB)
Media Releases
- MR [2017] NZSC 59 (PDF, 266 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Leiden Cheyne O'Sullivan v The Queen
Case number
SC 62/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining an extension of time to appeal – Whether the applicant should be permitted to vacate his guilty pleas. [2016] NZCA 204 CA20/2016
Result
The applications for leave to appeal are dismissed.
2 September 2016
2 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Camille Iriana Thompson v The Attorney-General
Case number
SC 63/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to New Zealand Bill of Rights Act 1990 compensation in relation to judicial acts. [2016] NZCA 215 CA590/2014
Result
A The application for leave to appeal is dismissed.
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Dean John Drever v The Queen
Case number
SC 64/2016
Summary
Criminal Appeal – Whether Court of Appeal was wrong to hold that there was not a miscarriage of justice– Whether the Court of Appeal erred in upholding the minimum period of imprisonment. [2016] NZCA 249 CA457/2014
Result
The application for leave to appeal is dismissed.
27 July 2016
27 July 2016
Leave judgment - leave dismissed
DEAN JOHN DREVER v R [2016] NZSC 92 27 July 2016 (PDF, 94 KB)
Judgment appealed from
Case name
John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Case number
SC 65/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement. [2016] NZCA 241 CA750/2014
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
30 August 2016
B The applicants are to pay the respondents costs of $2,500
30 August 2016
Leave judgment - leave dismissed
HC judgments
Case name
Michael Brian Ogden v The Queen
Case number
SC 66/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the error made by the District Court Judge in considering a formal written statement which was on the court file but had not been admitted in evidence was not so gross, prejudicial or irremediable as to render the trial unfair. [2016] NZCA 214 CA609/2015
Result
The application for leave to appeal is dismissed.
3 August 2016
3 August 2016
Leave judgment - leave dismissed
MICHAEL BRIAN OGDEN v R [2016] NZSC 97 3 August 2016 (PDF, 81 KB)
Judgment appealed from
Case name
Peter Alan Hutchins v The Queen
Case number
SC 67/2016
Summary
Criminal appeal – Whether the Court of Appeal erred in finding no risk of miscarriage despite concluding that jury directions did not conform with best practice. [2016] NZCA 173 CA403/2015
Result
A An extension of time to apply for leave to appeal is granted
B The application for leave to appeal is dismissed
31 August 2016
B The application for leave to appeal is dismissed
31 August 2016
Leave judgment - leave dismissed
Judgment appealed from
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