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
Karl Teangiotau Nuku v The Queen
Case number
SC 20/2014
Summary
Criminal Appeal – Whether a miscarriage of justice occasioned due to counsel error – Whether an extension of time should be allowed.[2012] NZCA 595 CA 516/2011
Result
Application for leave to appeal dismissed.
1 May 2014
1 May 2014
Leave judgment - leave dismissed
KARL TEANGIOTAU NUKU v R [2014] NZSC 45 1 May 2014 (PDF, 49 KB)
Judgment appealed from
Case name
Vincent Ross Siemer v Official Assignee
Case number
SC 21/2014
Summary
Civil Appeal – Judicature Act 1908, s 61A – Whether the Court of Appeal erred in holding that there was no jurisdiction under s 61A(1) – Whether the Court of Appeal erred is understanding the respective role of the Judge and Registrar in regards to r 35(6) of the Court of Appeal (Civil) Rules 2005[2014] NZCA 9 CA 863/2013
Result
The application for leave to appeal are dismissed. The applicant is to pay costs of $2,500 plus reasonable disbursements to be fixed, if necessary, by the Registrar.
30 April 2014
___________
Application for recall dismissed.
26 May 2014
_______________
Second application for recall dismissed.
5 June 2014
30 April 2014
___________
Application for recall dismissed.
26 May 2014
_______________
Second application for recall dismissed.
5 June 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Vincent Ross Siemer v Deputy Registrar of the Court of Appeal
Case number
SC 22/2014
Summary
Civil Appeal – Judicature Act 1908, s 66 – Whether the Court of Appeal negated the statutory right of appeal against a High Court Judge’ s order provided by s 66 – Whether the Court of Appeal’s judgment impedes the statutory guarantee to judicial review – Whether the Court of Appeal erred in determining what constitutes a ‘judicial order’ .[2014] NZCA 5
Result
Application for leave to appeal is dismissed.
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
Recall judgment
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vincent Ross Siemer v Michael Peter Stiassny and Korda Mentha
Case number
SC 23/2014
Summary
Civil Appeal – Judicature Act 1908, s 61A – Whether the Court of Appeal erred in holding that there was no jurisdiction under s 61A(1) – Whether the Court of Appeal erred is understanding the respective role of the Judge and Registrar in regards to r 35(6) of the Court of Appeal (Civil) Rules 2005[2014] NZCA 3 CA 104/2013
Result
The application for leave to appeal are dismissed. The applicant is to pay costs of $2,500 plus reasonable disbursements to be fixed, if necessary, by the Registrar.
30 April 2014
__________
Application for recall dismissed.
26 May 2014
______________
Second application for recall dismissed.
5 June 2014
30 April 2014
__________
Application for recall dismissed.
26 May 2014
______________
Second application for recall dismissed.
5 June 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Jeffrey Ugochukwu Orji v The Queen
Case number
SC 24/2014
Summary
Criminal Appeal – Immigration – Whether the Court of Appeal erred in upholding the trial judge’s decision that a defence of reasonable excuse was not available under s 142(1)(d)(ii) of the Immigration Act 1987 – Whether the Court of Appeal erred in dismissing the allegation of prosecutorial misconduct – Evidence – Whether the Court of Appeal erred in upholding the trial judge’s decision to exclude evidence – Whether the Court of Appeal erred in dismissing the applicant’s application to admit new evidence.[2013] NZCA 629 CA 167/2012
Result
Application for leave to appeal dismissed. 21 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kim Dotcom, Finn Batato, Mathias Ortmann, Bram Van der Kolk v The Attorney-General
Case number
SC 25/2014
Summary
Civil Appeal – Mutual Assistance in Criminal Matters Act 1992, ss 44 and 45 – Summary Proceedings Act1 1957, s 204 – New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its interpretation and application of s 45 of the Mutual Assistance in Criminal Matters Act 1992 – Whether the Court of Appeal erred in finding that the information in the search warrants could be clarified by information in the arrest warrants – Whether the Court of Appeal erred in determining that it was not necessary for the District Court judge to include special conditions in the search warrants – Whether the Court of Appeal erred in stating that the police could be expected to and did in fact know and apply the requisite limits of the warrant and that the District Court judge issuing the warrants was entitled to rely on this – Whether the Court of Appeal erred in finding that the defects in warrants were defects in form not substance – Whether the Court of Appeal erred in finding that s 204 of the Summary Proceedings Act 1957 was applicable – Whether the Court of Appeal erred in affirming that the applicant bore the burden of proof in relation to miscarriage of justice in s 204 of the Summary Proceedings Act 1957 – Whether the Court of Appeal erred in finding that the defects in the search warrants did not cause substantial prejudice to the appellants so that there was no miscarriage of justice – Whether the Court of Appeal erred in failing to interpret the Mutual Assistance in Criminal Matters Act 1992 and s 204 of the Summary Proceedings Act 1957 in a manner least intrusive upon the rights guaranteed in the New Zealand Bill of Rights Act 1990.[2014] NZCA 19 CA 420/2013
_________________________________________
Appeal dismissed
23 December 2014
_________________________________________
Appeal dismissed
23 December 2014
Result
A Leave to appeal is granted.
B The approved question is whether the Court of Appeal was correct to allow the appeal from the High Court on the basis that the search warrants issued by the District Court under s 44 of the Mutual Assistance in Criminal Matters Act 1992 were valid.
C The appeal is set down for hearing on 11 and 12 June 2014. The appellant’s submissions are to be filed and served by 4 pm on 19 May 2014. The respondent’s submissions are to be filed and served by 4 pm on 3 June 2014.
5 May 2014
____________________________________
A The appeal is dismissed.
B The appellants are jointly and severally liable to pay costs of $35,000 to the respondent.
23 December 2014
B The approved question is whether the Court of Appeal was correct to allow the appeal from the High Court on the basis that the search warrants issued by the District Court under s 44 of the Mutual Assistance in Criminal Matters Act 1992 were valid.
C The appeal is set down for hearing on 11 and 12 June 2014. The appellant’s submissions are to be filed and served by 4 pm on 19 May 2014. The respondent’s submissions are to be filed and served by 4 pm on 3 June 2014.
5 May 2014
____________________________________
A The appeal is dismissed.
B The appellants are jointly and severally liable to pay costs of $35,000 to the respondent.
23 December 2014
Transcripts
- Hearing date 25 - 26 August 2014 (PDF, 898 KB)
Media Releases
- MR [2014] NZSC 199 (PDF, 134 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Johan Aarts v Barnardos New Zealand, Commissioner of Police and others
Case number
SC 26/2014
Summary
Civil Appeal – Employment Relations Act 2000, s 135(5) and sch 3, s 2 – Whether the Court of Appeal decision was deficient because it failed to properly state its reasons in breach of rule 27(3) of the Court of Appeal Rules – Whether the Court of Appeal went beyond its jurisdiction by treating the hearing as a de novo hearing when the appellant had elected for a non de novo hearing – Whether “suspicion” falls below the threshold of “knowing” or reasonably knowing” in terms of s 135(5) – Whether the Court of Appeal erred in refusing to extend the right to lay representation in the Employment Court, as provided under s 2 of sch 3, to the Court of Appeal. [2014] NZCA 16 CA 400/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 together with disbursements to be fixed by the Registrar to the second and third respondents (collectively) and to the sixth respondent.
28 May 2014
B The applicant is to pay costs of $2,500 together with disbursements to be fixed by the Registrar to the second and third respondents (collectively) and to the sixth respondent.
28 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Mark Lee v The Queen
Case number
SC 27/2014
Summary
Criminal Appeal – Whether the Court of Appeal lacked jurisdiction to hear the appeal because there was no question of law to be decided – Whether the Court of Appeal erred in setting aside the stay granted by the High Court.[2013] NZCA 483 CA 828/2012
Result
Application for leave to appeal is dismissed.
4 July 2014
4 July 2014
Media Releases
- MR [2014] NZSC 85 (PDF, 81 KB)
Leave judgment - leave dismissed
TERRY JONES v R [2014] NZSC 85 4 July 2014 (PDF, 88 KB)
Judgment appealed from
Case name
RJL v The Queen
Case number
SC 28/2014
Summary
Criminal Appeal – Evidence Act 2006, s 122(2)(e) – Whether the Court of Appeal erred in deciding that the District Court Judge was entitled to decline to give a warning under s 122(2)(e) of the Evidence Act 2006 – Whether the Court of Appeal erred in upholding the District Court Judge’ s ruling that the photograph evidence was admissible – Whether the Court of Appeal erred in concluding that the way the District Court Judge restricted the manner in which the applicant gave evidence did not result in a miscarriage of justice.[2013] NZCA 191 CA 707/2012
Result
A Leave to appeal out of time is granted (L (CA707/2012) v R [2013] NZCA 191).
B The approved grounds of appeal are:
(a) Whether the trial Judge should have given the jury a warning, under s 122(1) of the Evidence Act 2006, concerning the complainant’s evidence; and
(b) Whether the Court of Appeal was wrong to conclude that no miscarriage of justice arose from the Judge’ s ruling as to the manner in which the appellant could give evidence of a payment he had made to the complainant.
8 August 2014
_________________________________________________
Appeal allowed, conviction quashed.
No order for retrial.
21 April 2015
B The approved grounds of appeal are:
(a) Whether the trial Judge should have given the jury a warning, under s 122(1) of the Evidence Act 2006, concerning the complainant’s evidence; and
(b) Whether the Court of Appeal was wrong to conclude that no miscarriage of justice arose from the Judge’ s ruling as to the manner in which the appellant could give evidence of a payment he had made to the complainant.
8 August 2014
_________________________________________________
Appeal allowed, conviction quashed.
No order for retrial.
21 April 2015
Leave judgment - leave granted
L v R [2014] NZSC 107 [8 August 2014] (PDF, 40 KB)
Substantive judgment
L (SC 28/2014) v R [2015] NZSC 53 [7 May 2015] (PDF, 405 KB)
Case name
Ioritana Tuau v The Queen
Case number
SC 29/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that the sentence imposed was not manifestly excessive.[2013] NZCA 623 CA 281/2013
Result
Application for leave to appeal dismissed. 2 July 2014
Leave judgment - leave dismissed
IORITANA TUAU v R [2014] NZSC 83 2 July 2014 (PDF, 53 KB)
Judgment appealed from
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