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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.

11 July 2024

Case information summary 2024 (as at 5 July 2024) –  Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024)  – Cases where leave to appeal decision not yet made (PDF, 126 KB)

All years

Case name
Firm PI 1 Limited v Zurich Australian Insurance Limited and Body Corporate 398983
Case number
SC 141/2013
Summary
Civil Appeal – Insurance – Earthquake Commission Act 1993 – Whether the Court of Appeal erred in finding that the clause in the insurance policy providing that the respondent’s liability would be limited to the amount of loss in excess of the cover under the Earthquake Commission Act limited the respondent’s liability for natural disaster damage from a single event to the difference between the maximum cover under the Act and the sum insured.[2013] NZCA 560  CA 3933/2013
Result
The application for leave to appeal is granted.

The question is whether the sum insured for buildings under the material damage section of the contract of insurance is inclusive or exclusive of sums payable to the insured by the Earthquake Commission under the Earthquake Commission Act 1993 for natural disaster damage to the insured’s buildings from the 22 February 2011 earthquake.

17 March 2014
__________________________
The appeal is dismissed.
The appellant must pay the first respondent costs of $25,000 plus reasonable disbursements.  We certify for two counsel.

15 October 2014
Media Releases
Substantive judgment
FIRM PI 1 LIMITED v ZURICH AUSTRALIAN INSURANCE LIMITED T/A ZURICH NEW ZEALAND [2014] NZSC 147 [15 October 2014] (PDF, 240 KB)
Transcript

Hearing date : 3 July 2014

Elias CJ, McGrath, William Young, Glazebrook,  Arnold   JJ.
Case name
John Morgan Mackenzie v Legal Services Commissioner
Case number
SC 142/2013
Summary
Civil Appeal – Legal Aid application – Whether Court of Appeal correctly dismissed the application for special leave to appeal to it from the High Court – Whether application satisfies s 14 of the Supreme Court Act 2003 to justify a direct appeal from the High Court. [2012] NZHC 3089  CIV 2012 485 1299
Leave judgment - leave dismissed
JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 23 [20 March 2014] (PDF, 13 KB)
Dates

Application for leave to appeal dismissed.
20 March 2013.
Case name
LM v The Queen
Case number
SC 143/2013
Summary
Criminal Appeal – Crimes Act 1961, ss 132 and 144A – Whether the offences in s 132 of the Crimes Act 1961 require physical contact with a child and a desire for sexual gratification – Whether New Zealand has the power to legislate against conduct beyond its own territory, in particular where the conduct is lawful in the place where it occurs – Whether or not the evidence justified the applicant’s convictions – Whether the Court of Appeal erred in upholding the applicant’s guilty plea -  [2013] NZCA 145    CA 217/2012
Result
Leave to appeal against conviction on the charge under s 144A of the Crimes Act 1961 is granted.  

The approved ground of appeal is whether s 144A criminalises offending as a party under s 66 of the Crimes Act.

The application to appeal against conviction on the charge under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993 is dismissed.
20 February 2014
______________________
Appeal dismissed.
13 August 2014
Media Releases
Leave judgment - leave granted
LM v R [2014] NZSC 9 [20 February 2014] (PDF, 44 KB)
Transcript

Hearing date : 17 June 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Hao Zhang v The Minister of Immigration
Case number
SC 144/2013
Summary
Civil appeal – Judicial review – Whether the Court of Appeal correctly concluded that the Immigration and Protection Tribunal was properly constituted – Whether the Immigration and Protection Tribunal failed to consider art 10(3) of the International Covenant on Civil and Political Rights in reaching its decision. [2013] NZCA 487   CA 296/2013, CA 466/2013
Leave judgment - leave dismissed
HAO ZHANG v THE MINISTER OF IMMIGRATION [2014] NZSC 6 [19 February 2014] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed.
19 February 2014.
Case name
Roading and Asphalt Limited v South Waikato District Council
Case number
SC 145/2013
Summary
Civil Appeal – Tender methodology – Whether the respondent was in breach of a tender contract by awarding the solid waste disposal contract to a bid that was not the lowest price conforming tender – Whether the respondent was in breach of an implied obligation to treat tenderers fairly and equally, in not following the specific tender process set out in the tender contract, and in not treating the tenderers even-handedly.[2013] NZCA 566  CA 398/2012
Leave judgment - leave dismissed
ROADING AND ASPHALT LIMITED v SOUTH WAIKATO DISTRICT COUNCIL [2014] NZSC 18 [10 March 2014] (PDF, 46 KB)
Dates

The application for leave to appeal is dismissed.

The applicant must pay the respondent costs of $2,500.

10 March 2014.
Case name
Quentin Duane Pukeroa v The Queen
Case number
SC 146/2013
Summary
Criminal Appeal – Appeal against conviction and sentence – Sentencing Act 2002, ss 23, 85 and 103 – Whether the Court of Appeal erred in finding that the trial Judge was not required to put to the jury a possible alternative basis of conviction for manslaughter – Whether the Court of Appeal erred in finding that taking into account the appellant’ s other offending in fixing the minimum period of imprisonment for the murder did not infringe the prohibition on imposing a sentence cumulatively on an indeterminate sentence of imprisonment.[2013] NZCA 305 CA 886/2010
Leave judgment - leave dismissed
QUENTIN DUANE PUKEROA v R [2014] NZSC 27 [26 March 2014] (PDF, 64 KB)
Dates

Application for leave to appeal dismissed.

26 March 2014.
Case name
NT v The Queen
Case number
SC 147/2013
Summary
Criminal Appeal – Crimes Act 1961, s 381A – Stay of prosecution in the District Court – Whether or not this Court has jurisdiction to hear an appeal against a decision made pursuant to s 381A – Whether the Court of Appeal erred in holding that District Court Judge’s question was a question of law – Whether the Court of Appeal erred in making a finding on a question of fact, not law.[2013] NZCA 589  CA 391/2013
Dates

Leave hearing
3 April 2014.
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.

Application for leave to appeal dismissed.
4 July 2014
Case name
CA v The Queen
Case number
SC 148/2013
Summary
Criminal Appeal – Search and Surveillance Act 2012, s 14 – Whether or not the Court of Appeal erred in finding that s 14 of the Search and Surveillance Act 2012 authorises forcible entry by police – Whether or not the Court of Appeal erred in finding the evidence to be admissible.                                                         [2013] NZCA 631  CA 455/2013
Dates

 Application for leave to appeal dismissed.

5 March 2014
Case name
Kerryn Mitchell v The Queen
Case number
SC 149/2013
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence – Whether the sentence imposed of 2 years 1 month was manifestly unjust – Whether there has been a breach of natural justice rights under the New Zealand Bill of Rights Act 1990, s 27.[2013] NZCA  583   CA 657/2013
Leave judgment - leave dismissed
KERRYN MITCHELL v R [2014] NZSC 48 [2 May 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

2 May 2014.

 
Case name
Jay Maui Wallace v Chief Executive of Department of Corrections
Case number
SC 1/2012
Summary
Habeus Corpus – Whether Appellant is subject to the laws of New Zealand – Whether Appellant is being arbitrarily detained because of alleged procedural failings pertaining to hearings in the High Court and Court of Appeal.[2011] NZCA  678  CA 783/2011
Dates
Application for leave to appeal dismissed.
21 March 2012.
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