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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.

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
Dominique Anita Reti v The Queen
Case number
SC 122/2016
Summary
Criminal Appeal – Evidence Act 2006, s 45 – Whether the Court of Appeal erred in holding that visual identification evidence identifying the applicant was properly admitted at trial.                                      [2016] NZCA 447   CA312/2016
Result
The application for leave to appeal is dismissed.                               21 December 2016
Leave judgment - leave dismissed
DOMINIQUE ANITA RETI v R [2016] NZSC 169  21 December 2016 (PDF, 92 KB)
Judgment appealed from 

RETI v R [2016] NZCA 447      19 September 2016
Case name
W v The Queen
Case number
SC 123/2016
Summary
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.[2016] NZCA 461   CA310/2016
Result

Judgment released.
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. 

5 December 2016
SC judgment
not publicly available
Judgment appealed from
not publicly available
Case name
C v The Queen
Case number
SC 124/2016
Summary
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.
Result
Judgment released.
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.                                                                                               
21 December 2016
--
Judgment released.
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.                                                                                               
26 September 2017
Substantive judgment
CYRUS CHRISTIAN (AKA WILLIAM JOHN TASSELL) v R [2017] NZSC 145 [26 September 2017] (PDF, 314 KB)
Transcript

Hearing date : 29 March 2017                                                                      
Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.
Case name
Ashor Gorgus v The Queen
Case number
SC 125/2016
Summary
Criminal Appeal – Appeal against sentence – Whether sentence was manifestly excessive.   [2016] NZCA 508   CA706/2015
Result
The application for leave to appeal is dismissed.
7 December 2016
Leave judgment - leave dismissed
ASHOR GORGUS v R [2016] NZSC 161    7 December 2016 (PDF, 68 KB)
Judgment appealed from 
Case name
Ian Edward Hitchcock v The Queen
Case number
SC 126/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge’s summing up on consent in relation to a charge of sexual violation was sufficient – Whether the Court of Appeal erred in finding that no miscarriage of justice arose as a result of the trial Judge’ s failure to direct the jury that they should consider whether the applicant knew that he was supplying cannabis. [2016] NZCA 465   CA265/2015
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
Leave judgment - leave dismissed
IAN EDWARD HITCHCOCK v R [2017] NZSC 29    8 March 2017 (PDF, 82 KB)
Recall judgment
IAN EDWARD HITCHCOCK v R [2017] NZSC 71    17 May 2017 (PDF, 67 KB)
Judgment appealed from

HITCHCOCK V R [2016] NZCA 465    28 September 2016

Case name
X v YFT
Case number
SC 127/2016
Summary
Civil appeal – Whether the Court of Appeal erred in declining to lift a grant of interim name suppression given to an entity defending historic sexual abuse allegations.  [2016] NZCA 475   CA741/2015
Result
A The application for leave to appeal is dismissed.
B We make no award of costs.
7 March 2017
High Court decision
Not publicly available
Leave judgment - leave dismissed
X v YFT [2017] NZSC 25     7 March 2017 (PDF, 72 KB)
Judgment appealed from

X v Attorney-General [2016] NZCA 475 not published online
Case name
Y v The Attorney-General
Case number
SC 128/2016
Summary
Civil appeal – Whether the Court of Appeal erred in declining to grant name suppression for proposed witnesses in a case concerning historic sexual abuse allegations. [2016] NZCA 474   CA271/2015
Result
A The application for leave to appeal is dismissed.
B We make no award of costs. 7 March 2017
High Court decision
Not publicly available
Leave judgment - leave dismissed
Y v THE ATTORNEY-GENERAL [2017] NZSC 26   7 March 2017 (PDF, 72 KB)
Judgment appealed from

Y v Attorney-General [2016] NZCA 474
Case name
F v The Queen
Case number
SC 129/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding the jury verdicts were reasonable – Whether the Court of Appeal took the correct approach to an automatism disorder – Whether the Court of Appeal erred in finding that there was no juror impartiality. [2016] NZCA 180 CA705/2015
Result
The application for an extension of time to apply for leave to appeal is dismissed.  
17 March 2017
Leave judgment - leave dismissed
F (SC 129/2016) v R [2017] NZSC 34     17 March 2017 (PDF, 107 KB)
Judgment appealed from

F (CA705/2015) v R [2016] NZCA 180    6 May 2016
Case name
Gary Owen Burgess v Malley & Co
Case number
SC 130/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to review the Registrar’s decision to decline to dispense with security for costs.  [2016] NZCA 484   CA251/2016
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondents.
16 February 2017
Leave judgment - leave dismissed
GARY OWEN BURGESS v MALLEY & CO [2017] NZSC 9     16 February 2017 (PDF, 72 KB)
Judgment appealed from

Burgess v Malley & Co [2016] NZCA 484 not available
Case name
Affco New Zealand Limited v New Zealand Meat Workers and related Trades Union Incorporated and Ors
Case number
SC 131/2016
Summary
Civil Appeal – Employment Relations Act 2000 – Whether Court of Appeal erred in finding concession by counsel – Whether Court of Appeal erred in finding applicant’s conduct defeated existing rights of employees – Whether Court of Appeal erred in its interpretation of s 82 of the Employment Relations Act.   [2016] NZCA 482   CA700/2015
Result
A Leave to appeal is granted (AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc and Ors [2016] NZCA 482).
B The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.
9 March 2017
____________________
A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus reasonable disbursements.  We certify for two counsel.
7 September 2017
Transcripts
Media Releases
Court of Appeal decision
AFFCO NEW ZEALAND LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2016] NZCA 482 [6 October 2016]
Employment Court decision
NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC v AFFCO NEW ZEALAND LIMITED NZEmpC AUCKLAND [2015] NZEmpC 204 [18 November 2015]
Leave judgment - leave granted
AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2017] NZSC 30 [9 March 201 (PDF, 63 KB)
Substantive judgment
AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED [2017] NZSC 135 [7 September 2017] (PDF, 336 KB)
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