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
Janferie Maeve Almond v Bruce James Read and Others, Ethne Glays Read, and Christopher John Read
Case number
SC 98/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in failing to grant the applicant an extension of time to bring her appeal. [2016] NZCA 147 CA730/2015
Result
A The amended application for leave to appeal is granted (Almond v Read [2016] NZCA 147).
B The approved question is whether the Court of Appeal was right to refuse the appellant’s application for an extension of time to appeal.
2 November 2016
_________________________
A The appeal is allowed.
B The application for an extension of time to appeal to the Court of Appeal is granted.
C The stay will remain in effect until the determination of the appellant’s appeal in the Court of Appeal.
D The respondents are jointly and severally liable to pay costs of $13,000 to the appellant, plus reasonable disbursements.
30 May 2017
B The approved question is whether the Court of Appeal was right to refuse the appellant’s application for an extension of time to appeal.
2 November 2016
_________________________
A The appeal is allowed.
B The application for an extension of time to appeal to the Court of Appeal is granted.
C The stay will remain in effect until the determination of the appellant’s appeal in the Court of Appeal.
D The respondents are jointly and severally liable to pay costs of $13,000 to the appellant, plus reasonable disbursements.
30 May 2017
Transcripts
- Hearing date 5 December 2016 (PDF, 335 KB)
Media Releases
- MR [2017] NZSC 80 (PDF, 262 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Lakes International Golf Management Limited and The Lakes International Golf Course Limited v Hartley Clendon Vincent
Case number
SC 99/2016
Summary
Civil Proceedings – Whether the Court of Appeal adopted the correct approach to the use of extrinsic evidence when interpreting a covenant. [2016] NZCA 382 CA 699/2015
Result
A Leave to appeal is granted (Vincent v Lakes International Golf Management Ltd [2016] NZCA 382).
B The approved questions are:
(i) Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?
(ii) Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?
21 November 2016
____________________
A The appeal is dismissed.
B The respondent is entitled to $25,000 costs plus usual disbursements to be fixed by the Registrar if necessary. We certify for second counsel.
29 June 2017
B The approved questions are:
(i) Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?
(ii) Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?
21 November 2016
____________________
A The appeal is dismissed.
B The respondent is entitled to $25,000 costs plus usual disbursements to be fixed by the Registrar if necessary. We certify for second counsel.
29 June 2017
Transcripts
- Hearing date 27 March 2017 (PDF, 682 KB)
Media Releases
- MR [2017] NZSC 99 (PDF, 258 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Lewis Ata Turahui for and on behalf of Araukuku Hapu v The Waitangi Tribunal, and The Attorney-General, and Nga Hapu O Ngaruahine Iwi Incorporated and Te Runanga O Ngati Ruanui Trust
Case number
SC 100/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that the Taranaki Tribunal had found no breach of Treaty principles in relation to a Waitangi Tribunal claim– Whether the Court of Appeal erred in finding that a delay in seeking an urgent hearing is a relevant consideration for the Waitangi Tribunal when deciding whether to hold an urgent hearing. [2016] NZCA 387 CA448/2015
Result
A The application for leave to appeal is dismissed.
B There is no award of costs.
1 December 2016
B There is no award of costs.
1 December 2016
High Court decision
Leave judgment - leave dismissed
Case name
Quake Outcasts v Minister of Canterbury Earthquake Recovery and The Chief Executive, Canterbury Earthquake Recovery Authority
Case number
SC 101/2016
Summary
Civil Appeal – Judicial Review – Direct Appeal from High Court – Whether the High Court erred in concluding that the Minister’ s decision was not inconsistent with previous Supreme Court judgment. [2016] NZHC 1959 CIV-2016-409-000050
Result
A The application for leave to appeal is dismissed
B The applicants must pay costs of $1,000 to the respondents
13 December 2016
B The applicants must pay costs of $1,000 to the respondents
13 December 2016
Leave judgment - leave dismissed
Judgment appealed from
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
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