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
Issac John Chadderton v The Queen
Case number
SC 129/2014
Summary
Criminal Appeal – Birchler v Police [2010] NZSC 109, [2011] 1 NZLR 169 – Whether the Court of Appeal erred by failing to follow the Supreme Court’s decision in Birchler v Police – Whether the Court of Appeal erred in finding that the two detentions were lawful.[2014] NZCA 528 CA 40/2014
Result
The application for deferral of the operation of the disqualification order is dismissed.
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
Leave judgment - leave dismissed
Additional document
Case name
Vincent Ross Siemer v Clare O’Brien and Attorney-General
Case number
SC 130/2014
Summary
Civil Appeal – Whether the High Court erred in granting the Attorney -General standing to be heard where the proceedings had previously been stayed against the Attorney-General. [2014] NZHC 2886 CIV 2013 485 5611
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondents costs of $2,500, plus reasonable disbursements.
25 February 2015
___________
Application for recall dismissed.
10 March 2015
___________
Second application for recall dismissed.
5 June 2015
_____________
Judgment reissued.
A The application for leave to appeal is dismissed.
B The applicant must pay the second respondent costs of $2,500, plus reasonable disbursements.
5 June 2015
______________
Third application for recall dismissed.
23 June 2015
B The applicant must pay the respondents costs of $2,500, plus reasonable disbursements.
25 February 2015
___________
Application for recall dismissed.
10 March 2015
___________
Second application for recall dismissed.
5 June 2015
_____________
Judgment reissued.
A The application for leave to appeal is dismissed.
B The applicant must pay the second respondent costs of $2,500, plus reasonable disbursements.
5 June 2015
______________
Third application for recall dismissed.
23 June 2015
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Case name
M v The Queen
Case number
SC 131/2014
Summary
Pre-trial ruling[2014] NZCA 576 CA 601/2014
Result
Application for leave to appeal dismissed. 11 December 2014
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
[2014] NZCA 576 -not available online
Case name
Philippa Currie, Raymond Donnelly & Co, The Crown Solicitor at Christchurch, The Attoney-General of New Zealand and others v Vincent James Clayton and Linda Joyce Westbury
Case number
SC 132/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that an accused may be entitled to damages for misfeasance in public office where disclosure by a prosecutor is deliberately misleading – Whether the Court of Appeal erred in holding the prosecutor’s disclosure of the District Court’s sentencing indication had a “requisite public character” and that it was an exercise of a “power or authority”.[2014] NZCA 511 CA 341/2013
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondents reasonable disbursements (to be fixed if necessary by the Registrar). 5 March 2015
B The applicants must pay the respondents reasonable disbursements (to be fixed if necessary by the Registrar). 5 March 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Dennis Joseph Gardiner and Hutia Monica Gardiner v Westpac New Zealand Limited
Case number
SC 133/2014
Summary
Civil Appeal – Whether the mortgagee sale was substantially below the statutory and common law criteria of best price – Whether the sale was arguably unlawful being made to Westpac’s real estate agent’ s licensed salesperson responsible for selling the property – Whether the proceeds of the two mortgagee sales arguably fully repaid the loan but guarantee quantum issues were not summarily determined nor capable of being properly determined on appeal. [2014] NZCA 537 CA 264/2013
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
9 March 2015
B The applicants must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
9 March 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Douglas Tamati Te Hoko-Whitu-Atu Hauraki as trustee of the Ngawapurua and Rua Roa Trusts v Richard Tatere
Case number
SC 134/2014
Summary
Civil Appeal – Maori land – Te Ture Whenua Maori Act 1993 – Whether the Court of Appeal erred in treating the trustees’ children as if they were income beneficiaries when there was irrefutable evidence that eight of the nine children had ceased to be and were not income beneficiaries for the purposes of the Act – Whether the Court of Appeal erred by ignoring the only condition of the consents of both sets of beneficiaries, that due and proper consideration be given to the claims relating to “tipuna whenua” , “whakapapa” and “taonga tuku iho” – Whether the Court of Appeal erred by declining to consider whakapapa which it had provisionally allowed to be adduced.[2014] NZCA 532 CA 451/2013
Result
Notice of abandonment being filed, the application for leave to appeal is deemed to be dismissed. 20 February 2015
Judgment appealed from
Case name
Evgeny Orlov v New Zealand Law Society and others
Case number
SC 135/2014
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 vary payment of security for costs.[2014] NZCA 569 CA 456/2014
Result
The application for leave to appeal is dismissed.
The applicant must pay the respondents costs of $2,500 plus reasonable disbursements.
18 February 2015
The applicant must pay the respondents costs of $2,500 plus reasonable disbursements.
18 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wendy Maree Whitehead v The Queen
Case number
SC 136/2014
Summary
Criminal Appeal – Crimes Act 1961, ss 229A(b) and 228(b); and Accident Compensation Act 2001 – Whether insufficient direction was given to the jury as to what constituted a de facto relationship – Whether loss of entitlement ought to have been determined before the criminal trial.[2014] NZCA 573 CA 300/2014
Result
Application for leave to appeal dismissed.
30 March 2015
30 March 2015
Leave judgment - leave dismissed
WENDY MAREE WHITEHEAD v R [2015] NZSC 29 30 March 2015 (PDF, 124 KB)
Judgment appealed from
Case name
Allen Louis Harriman v Attorney-General and New Zealand Parole Board
Case number
SC 137/2014
Summary
Civil Appeal – Whether there are a number of material errors in the Court of Appeal’s judgment.[2014] NZCA 544 CA 463/2013
Result
Application for leave to appeal dismissed.
No order for costs.
14 April 2015
No order for costs.
14 April 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
New Zealand Cards Limited v Colin Ramsay
Case number
SC 138/2014
Summary
Civil Appeal – Whether the Court of Appeal considered all of the issues on which leave was granted – Whether there was unfairness or lawyer misconduct in the process leading to the Court of Appeal judgment – The proper approach to constructive dismissal – Whether on the facts of this case there has been a dismissal – Whether the Court of Appeal erred.[2014] NZCA 512 CA 424/2012
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500. 22 April 2015
B The applicant must pay the respondent costs of $2,500. 22 April 2015
Leave judgment - leave dismissed
Judgment appealed from
Page 148 of 250