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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.

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
Greenpeace of New Zealand Incorporated
Case number
SC 97/2012
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a contentious or political purpose could not be a charitable purpose – Whether the Court of Appeal erred in holding that purposes or activities carried on by the charity or its representatives or agents that are illegal or unlawful preclude charitable status even if only minor or ancillary.[2012] NZCA 533      CA 333/2011
Result

Leave to appeal is granted on the following ground:
Were the views expressed by the Court of Appeal in its judgment [2012] NZCA 533 at [55]-[68] and [96]-[97] of its reasons correct?

8 March 2013

____________________

A The appeal against the Court of Appeal’s determination that a political purpose cannot be a charitable purpose is allowed.                                          
B The appeal against the Court of Appeal’ s determination that purposes or activities that are illegal or unlawful preclude charitable status is dismissed.               
C The matter of the charitable status of the objects of Greenpeace of New Zealand Inc is remitted to the chief executive of the Department of Internal Affairs and the Charities Board for reconsideration in light of this decision.
D No order for costs is made.

6 August 2014
Transcript

Hearing date : 1 August 2013

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
The New Zealand Māori Council and Waikato Rivers and Dams Claims Trust v Her Majesty’s Attorney-General, The Minister of Finance and The Minister of State Owned Enterprises
Case number
SC 98/2012
Summary
Civil Appeal – Application for direct appeal – Whether the High Court was right to dismiss the New Zealand  Māori Council’ s application for review. [2012] NZHC 3338 Civ 2012 485 2187
Result

Leave to appeal, and to appeal direct to this Court, is granted.

The approved ground of appeal is whether the High Court was right to dismiss the application for review.

_____________________

Appeal dismissed. No order as to costs.

27 February 2013
Transcript

Hearing date : 1 February 2013

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Sst V The New Zealand Police
Case number
SC 99/2012
Summary
Criminal Appeal – Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38 – whether the Court of Appeal erred in finding that the applicant was in custody at the time that the s 38 reports were ordered – whether the Court of Appeal erred in finding that the Judge sufficiently examined the evidence in determining that the applicant was fit to plead.  [2012] NZCA 544   CA394/2012
Dates
Application for leave to appeal dismissed.
26 February 2013.
Case name
Credit Suisse Private Equity Inc and another v Eric Meserve Houghton  and others
Case number
SC 100/2012
Summary
Civil Appeal – Limitation periods – Whether the Court of Appeal erred in finding that representees’ individual claims had been brought when the first respondent filed his claim on a representative basis – Whether the Court of Appeal erred in finding that representees did not have to opt in to the proceedings before limitation periods expired in order to bring timely individual claims[2012] NZCA 545  CA204/2011
Result

Leave to appeal is granted on the following ground:

Are the claims of some or all of the shareholders represented by the First Respondent (Mr Houghton) time-barred by virtue of limitation provisions in the Limitation Act 1950 or the Fair Trading Act 1986?

8 April 2013

____________________

The appeal is dismissed.

Costs of $25,000 are awarded to the first respondent plus usual disbursements (to be set by the Registrar if necessary).  The appellants and the second and fourth respondents are liable jointly and severally for the costs and disbursements.  We certify for second counsel.

9 April 2014
Transcript

Hearing date : 15 October 2013

Elias CJ, McGrath, Glazebrook, Arnold, Gault, Anderson JJ.
Case name
Mohammad Hamidzadeh v The Queen
Case number
SC 101/2012
Summary
Criminal Appeal – Appeal against sentence – Sentencing Act 2002, ss 102 and 104 – Whether Court of Appeal erred in its approach to sentence – Whether imposition of life sentence was manifestly unjust – Whether imposition of minimum period of imprisonment of 15 years six months was manifestly unjust – Whether Court of Appeal correctly assessed the role of provocation in sentencing for murder convictions given abolition of partial defence of provocation.  [2012] NZCA 550  CA 627/2011
Leave judgment - leave dismissed
HAMIDZADEH v R SC 101/2012 [16 April 201 (PDF, 52 KB)
Dates
Application for leave to appeal dismissed.
16 April 2013.
Case name
HP v The Queen
Case number
SC 1/2011
Summary
Criminal Appeal – Appeal against Conviction – Evidence – Whether the Court of Appeal erred in holding that no warning needed to be given to the jury in this case regarding allegedly unreliable evidence under s 122 of the Evidence Act 2006 – Whether the Court of Appeal’s approach in R v Taylor [2010] NZCA 69 to s 122 directions is correct –  Whether the Court of Appeal erred in declining an application to adduce fresh evidence concerning the complainant.[2010] NZCA 617  CA 178/2010  16 December  2010
Leave judgment - leave dismissed
HP v R SC [18 March 2011] (PDF, 49 KB)
Dates

Application for leave to appeal dismissed.

18 March 2011.
Case name
VM  v The Queen
Case number
SC 2/2011
Summary
Criminal – Summary Proceedings Act 1957 – validity and scope of search warrants – whether the Court of Appeal erred in upholding the validity of search warrants issued under s 198 of the Summary Proceedings Act 1957; whether the Court of Appeal erred in concluding that s 198 of the Summary Proceedings Act can be used to authorise surveillance on private land – New Zealand Bill of Rights Act 1990 – unreasonable search and seizure – whether the Court of Appeal erred in holding that the police in this case did not breach s 21 of the New Zealand Bill of Rights Act 1990 – Evidence Act 2006 – admissibility of evidence – whether the Court of Appeal erred in its undertaking of the s 30 balancing exercise and in concluding that the evidence in dispute was admissible at trial[2010] NZCA 528  CA 820/2010  19 November  2010
Result
The appeal is allowed in part.  The video surveillance evidence (other than footage of vehicles on Reid Road) is inadmissible against those appellants.  All the other disputed evidence is admissible against them.
2 September 2011.
Leave judgment - leave granted
HAMED and OTHERS v R SC 125/2010 and Others [24 March 2011] (PDF, 84 KB)
Substantive judgment
HAMED v R SC 125/2010 [2 September 2011] (PDF, 551 KB)
Dates

The application for leave to appeal is granted.

The approved grounds are whether the challenged evidence was lawfully obtained under s 198 of the Summary Proceedings Act 1957 or was, alternatively, properly admissible pursuant to s 30 of the Evidence Act 2006.

25 March 2011
Hearing

3 and 4 May 2011

Elias CJ, Blanchard, Tipping, McGrath, Gault JJ.
Case name
Taito Phillip Hans Field
Case number
SC 3/2011
Summary
Criminal Appeal – Corruption and Bribery – Whether the Court of Appeal adopted the wrong test for corruptly obtaining a  bribe under s 103 Crimes Act 1961 – Whether Court of Appeal applied the wrong test for attempting to obstruct or pervert the course of justice – Whether Court of Appeal erred in finding appellant was not deprived of right to a fair trial and no miscarriage had resulted through admission of evidence from ministerial inquiry – Whether Court of Appeal was wrong to dismiss appeal against sentence.[2010] NZCA 556  CA 681/2009  26 November  2010
Media Releases
Leave judgment - leave granted
FIELD v R SC 3/2011 [17 March 2011] (PDF, 10 KB)
Substantive judgment
FIELD v R SC 3/2011 [27 October 2011] (PDF, 243 KB)
Transcript

Hearing date : 21 June 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Dates

The application for leave to appeal is granted.

The approved ground is whether the Court of Appeal has in [2010] NZCA 556 correctly stated the test for corruptly accepting a bribe in terms of s 103 of the Crimes Act 1961.

17 March 2011

____________________

Appeal dismissed.

27 October 2011
Case name
Lisa Marie Colleen Mandic and Stephen Neil Dohnt
Case number
SC 4/2011
Summary
Civil – Interpretation of a Glasgow lease – Whether Court of Appeal erred in its approach and conclusions as to the interpretation of the lease’s particular rental review formula. [2010] NZCA 576  CA 787/2009   3 December  2010
Result
Leave to appeal is granted. The approved ground of appeal is whether the Court of Appeal conclusion as to the valuation methodology provided by cl 13(b) of the lease is correct.
18 March 2011
___________________
The appeal is dismissed.
The appellants are to pay the respondent costs of $15,000 and reasonable disbursements in connection with this appeal, as fixed by the Registrar if necessary.
11 November 2011
Date of hearing
23 March 2011
Judges
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Transcripts
Media Releases
Leave judgment - leave granted
MANDIC v THE CORNWALL PARK TRUST BOARD (INC) SC 4/2011 [18 March 2011] (PDF, 7 KB)
Substantive judgment
MANDIC v THE CORNWALL PARK TRUST BOARD (INC) SC 4/2011 [11 November 2011] (PDF, 251 KB)
Case name
Gary Morell v The Queen
Case number
SC 5/2011
Summary
Criminal appeal – Proceeds of Crime Act 1991 – Whether the Court of Appeal erred in holding that the appellant had no interest in the property and thus had no standing to appeal against the proceeds of its sale vesting in Mascot Finance Ltd – Whether the Court of Appeal erred in holding that there was no right of appeal under s 82 of the Proceeds of Crime Act.[2010] NZCA 570  CA 448/2010   30 November  2010
Leave judgment - leave dismissed
MORELL v R SC 5/2011 [19 April 2011] (PDF, 36 KB)
Dates

Application for leave to appeal dismissed.

19 April 2011.
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