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
Maree Howard v Accident Compensation Corporation
Case number
SC 5/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Whether the Court of Appeal erred in dismissing the application for review of the decision of the Registrar of the Court of Appeal not to dispense with or defer payment of security for costs. [2014] NZCA 627 CA 618/2014
Result
A The application for leave to appeal is dismissed. B The applicant must pay costs of $2,500 to the respondent, plus reasonable disbursements. 11 March 2015
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Application for recall dismissed.
28 April 2015
____________________________
Application for recall dismissed.
28 April 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 6/2015
Summary
Civil Appeal – Judicial Review – Whether the Chambers Order of White J contravened rights of appeal expressly provided by s 40(2)(b) of the Court of Appeal (Civil) Rules 2005 –Whether the Chambers Order was issued without notice and did not address the obvious merit of the appeal.[2014] NZCA 318/2014
Result
Application for leave to appeal is dismissed.
17 April 2015
____________________________
Application for recall dismissed.
5 May 2015
17 April 2015
____________________________
Application for recall dismissed.
5 May 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Siemer v Registrar of the Supreme Court CA318/2014, direction of White J 10 December 2014 -not available
Case name
Ioane Teitiota v The Chief Executive of Ministry of Business Innovation and Employment
Case number
SC 7/2015
Summary
Civil Appeal – Immigration Act 2009, s 245 – Whether the word “Refugee” constitutes and incorporates those who are refugees by way of climate change – Whether the Tribunal erred in its finding that because all people in Kiribati suffer the same results of global warming, that this disqualifies the application from claiming refugee status – Whether the Tribunal failed to consider indirect human agency – Whether the Tribunal failed to consider the relevant international law relevant to the welfare of the applicant’s children – Whether the tribunal erred in failing to consider the children of the applicant separately – Whether the Tribunal erred when it made a finding of fact that the applicant’ s supplies of food and water were adequate.[2014] NZCA 173 CA 50/2014
Result
A The application for leave to adduce further evidence is granted.
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
Transcripts
- Hearing date : 1 April 2015 (PDF, 433 KB)
Leave judgment - leave dismissed
High Court decision
Transcript
Immigration and Protection Tribunal decision
Case name
Vincent Ross Siemer and Jane Dinsdale Siemer v Kevin Stanley Brown and others
Case number
SC 8/2015
Summary
Civil Appeal – Judicial Review – Whether the High Court incorrectly applied test for apprehended bias – Whether the High Court provided counsel with opportunity to be heard – Whether there was an inordinate delay of judgment – Whether the High Court made factual findings contrary to uncontested evidence – Whether the Judge was required to disqualify himself under Section F(1) of the New Zealand Guidelines for Judicial Conduct – Whether there was a breach of natural justice.[2014] NZHC 3175 Civ 2008 044 517
Result
Application for leave to appeal dismissed.
20 April 2015
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Application for recall dismissed.
5 May 2015
20 April 2015
_____________________________
Application for recall dismissed.
5 May 2015
High Court decision
Leave judgment - leave dismissed
Recall judgment
Case name
Rebel Waitohi v The Queen
Case number
SC 9/2015
Summary
Criminal Appeal – Whether the Court of Appeal erred in concluding that the applicant’s sentence was not manifestly excessive.[2014] NZCA 614 CA 429/2014
Result
Application for leave to appeal is dismissed.
22 April 2015
22 April 2015
High Court decision
Leave judgment - leave dismissed
REBEL WAITOHI v R [2015] NZSC 43 22 April 2015 (PDF, 80 KB)
Judgment appealed from
Case name
Dawn Lorraine Greenfield v Chief Executive of the Ministry of Social Development
Case number
SC 10/2015
Summary
Civil Appeal – New Zealand Superannuation and Retirement Income Act 2001 – Whether the Court of Appeal erred in finding that significant physical presence in New Zealand is required for an applicant to be ‘ ordinarily resident in New Zealand’ within the meaning of the Act – Whether the Court of Appeal erred in its treatment of the applicant’ s intention to resume living in New Zealand.[2014] NZCA 611 CA 351/2014
Result
The application for leave to appeal is granted (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611). The approved ground is whether the Court of Appeal correctly interpreted the phrase “ordinarily resident in New Zealand” in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001.
11 May 2015
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Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
11 May 2015
________________________
Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
Transcripts
- Hearing date 20 August 2015 (PDF, 410 KB)
Media Releases
- MR [2015] NZSC 139 (PDF, 250 KB)
Additional document
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Western Park Village Limited, Darryll Lawrenece Heaven, Anne Evelyn Heaven and Trustee Management Limited
Case number
SC 11/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract by allowing the respondent to be paid in New Zealand dollars – Whether the Court of Appeal erred in applying the contract’s penalty interest provision.[2014] NZCA 6340 CA 115/2014
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 May 2015
B The applicants must pay the respondent costs of $2,500.
14 May 2015
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 12/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of decisions of the Deputy Registrar – Whether the decision to dismiss the application was affected by apparent bias or a breach of the principles of natural justice.[2015] NZCA 5 CA 550/2014
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 12 May 2015.
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Proprietors of Wakatū and Rore Pat Stafford and others v Attorney-General and Ngāti Rārua Iwi Trust and Ngāti Kōata Trust
Case number
SC 13/2015
Summary
Civil appeal – Whether the Crown breached legally enforceable obligations in respect of land acquired for the New Zealand Company’s Nelson Settlement – Whether lapse of time provides the Crown a defence – Whether the first and third appellants have standing.[2014] NZCA 628 CA 436/2012
Result
A The application by the first, second and third applicants for leave to appeal the judgment of the Court of Appeal delivered on 19 December 2014 in Proprietors of Wakatū v Attorney-General [2014] NZCA 628, [2015] 2 NZLR 298 is granted.
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
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A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
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A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
Transcripts
- Hearing date 12 - 15 October 2015 (PDF, 2.2 MB)
Media Releases
- MR [2017] NZSC 17 (PDF, 291 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
[2017] NZSC 17 PROPRIETORS OF WAKATU v ATTORNEY-GENERAL (PDF, 2.8 MB)
Case name
Colin James Dallas v Wellington City Council
Case number
SC 14/2015
Summary
Civil Appeal – Fair Trading Act 1986, s 9 – Whether the Court of Appeal erred in finding a breach of s 9 of the Fair Trading Act.[2014] NZCA 631 CA 148/2014
Result
A The application for leave to appeal is granted (Wellington City Council v Dallas [2014] NZCA 631). B The approved questions are: (a) Was the Court of Appeal correct to have found the applicant liable under the Fair Trading Act 1986? (b) If so, should the applicant have been held liable for 50 per cent of the respondent’s loss? 26 June 2015 ________________________ Notice of abandonment being lodged, the appeal is deemed to be dismissed. 11 November 2015
Judgment appealed from
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