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
Olivia Waiyee Lee v Whangarei District Council
Case number
SC 68/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of the limitation provisions of the Building Act 2004 and Weathertight Homes Resolution Services Act 2006.[2016] NZCA 258 CA656/2015
Result
A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
Transcripts
- Hearing date 19 October 2016 (PDF, 425 KB)
Media Releases
- MR [2016] NZSC 173 (PDF, 258 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Case number
SC 69/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. [2016] NZCA 204 CA358/2015
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
26 August 2016
B The applicants are to pay the respondents costs of $2,500
26 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Derek Peter Wheeldon and Carol Ann Wheeldon, Anthony John Butcher and Ruth Barbara Rogers, Larry Lawrence Small and KM Trustees Services Limited, Ivor Anthony Millington and Neville Eade v Body Corporate 342525
Case number
SC 70/2016
Summary
Civil Appeal –– Whether the Court of Appeal erred in its interpretation of s 138(1)(d) of the Unit Titles Act 2010 – Whether the Court of Appeal erred in its interpretation of s 49(1) of the Building Act 2004 – Whether the Court of Appeal erred in its interpretation of the Building Code. [2016] NZCA 247 CA290/2015
Result
A The application for leave to appeal is dismissed B The applicants are to pay the respondent costs of $2,500.
14 September 2016
14 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vijendra Kumar Naiker v The Queen
Case number
SC 71/2016
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding no error in the trial judge’s decision not to discharge the jury – Whether the Court of Appeal erred in finding the trial judge gave an adequate reliability warning.
[2016] NZCA 250 CA562/2015
[2016] NZCA 250 CA562/2015
Result
The application for leave to appeal is dismissed.
2 September 2016
2 September 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Auckland Council and James Hardie New Zealand v Weathertight Homes Tribunal, and The Chief Executive of the Ministry of Business, Innovation and Employment, and Body Corporate 19500, and Gefei Liang and Others
Case number
SC 72/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the Weathertight Homes Resolution Services Act 2006 is that the multi-unit complex claim does not need to independently meet the s 16(a) eligibility criterion for resolution – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the 2006 Act is that all of the claimants represented in the multi-unit complex claim receive the benefit of the date the withdrawn claim was brought under the Weathertight Homes Resolution Services Act 2002 for the purposes of s 37 of the 2006 Act.[2016] NZCA 256 CA552/2015, CA564/2015
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
K v The Queen
Case number
SC 73/2016
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 259 CA115/2016
Result
Judgment released.
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted.
16 August 2016
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted.
16 August 2016
Judgments
Decision not available
Case name
Sara-Jane Skeet v The Queen
Case number
SC 74/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against her convictions for blackmail and kidnapping – Whether the Court of Appeal erred in its interpretation of the elements of the offence of blackmail as set out in s 237 of the Crimes Act 1961. [2016] NZCA 198 CA210/2015
Result
The application for leave to appeal is dismissed.
6 September 2016
6 September 2016
Leave judgment - leave dismissed
SARA-JANE SKEET v R [2016] NZSC 120 6 September 2016 (PDF, 84 KB)
Judgment appealed from
Case name
Shahidan Nisha v The Queen
Case number
SC 75/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the applicant’s knowledge of English was sufficient to ensure a fair trial.[2016] NZCA 294 CA624/2015
Result
The application for leave to appeal is dismissed.
30 August 2016
30 August 2016
Leave judgment - leave dismissed
SHAHIDAN NISHA v R [2016] NZSC 114 30 August 2016 (PDF, 79 KB)
Judgment appealed from
Nisha v R [2016] NZCA 294 (Ellen France P, Clifford and Katz JJ) not available online ____
Case name
Steven Ray Churchis v The Queen
Case number
SC 76/2016
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that the trial Judge’s directions were adequate. [2016] NZCA 264 CA391/2015
Result
The application for leave to appeal is dismissed.
28 September 2016
28 September 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Obiaga v The Queen
Case number
SC 77/2016
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding no mistrial due to trial counsel error or juror ill-health – Whether Court of Appeal erred in finding no misuse of co-defendant’s statement – Whether Court of Appeal erred in upholding sentence. [2016] NZCA 270 CA390/2015, CA395/2015
Result
The application for leave to appeal is dismissed.
8 December 2016
8 December 2016
High Court decision
Leave judgment - leave dismissed
DAVID OBIAGA v R [2016] NZSC 162 8 December 2016 (PDF, 87 KB)
Judgment appealed from
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