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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
Emily Felicity Bailey v The Queen
Case number
SC 37/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 873/2010
Result
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury. 6 May 2011
____________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Leave judgment - leave granted
SIGNER and Others v R SC 36/2011 [6 May 2011] (PDF, 9 KB)
Substantive judgment
SIGNER and OTHERS v R SC 36, 37, 39, 40, 41, 43/2011 [16 September 2011] (PDF, 67 KB)
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Fonterra Co-operative Group Limited v The Grate Kiwi Cheese Company Limited & Kaimai Cheese Co Ltd
Case number
SC 38/2011
Summary
Civil Appeal – the Commerce Commission made a final determination on 5 June 2009 that The Grate Kiwi Cheese Company Ltd and Kaimai Cheese Company Ltd were both entitled to raw milk from Fonterra under the Dairy Industry Restructuring (Raw Milk) Regulations 2001 – whether the Court of Appeal erred in upholding the Commerce Commission determination – whether an entity can be entitled to raw milk even though the entity does not itself process the milk[2011] NZCA 67   CA 223/2010
Result
Appeal dismissed. Costs $15,000 plus disbursements to the respondent. 15 March 2012
Media Releases
Leave judgment - leave granted
FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011 [20 June 2011] (PDF, 7 KB)
Substantive judgment
FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011 [15 March 2012] (PDF, 79 KB)
Transcription

Hearing date : 14 February 2012

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Valerie Morse v The Queen
Case number
SC 39/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 864/2010
Result
A The application for leave to appeal is granted. B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
______________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Phillip Purewa v The Queen
Case number
SC 40/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 874/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

___________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Trudi Paraha v The Queen
Case number
SC 41/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 871/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

__________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Tuhoe Lambert  v The Queen
Case number
SC 42/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 879/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

________________________

Appeal is deemed to be dismissed due to the death of the appellant.
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Rangi Kemara  v The Queen
Case number
SC 43/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114  
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

______________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Pauesi Brown v The Queen
Case number
SC 44/2011
Summary
Criminal – Sentence – Sentencing Act 2002 – Whether Court of Appeal correct to dismiss appeal against sentence – Whether appropriate approach taken to mitigating and aggravating features – Absence of specific credit for remorse – Insufficient credit for guilty plea – Whether correct approach taken to imposing Minimum Period of Imprisonment.  [2011] NZCA 95  CA 894/2010
Leave judgment - leave dismissed
BROWN v R SC 44/2011 [5 July 2011] (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.
5 July 2011.
Case name
Maritime New Zealand v Survey Nelson Limited
Case number
SC 45/2011
Summary
Judicial Review – Direct appeal from High Court decision – Whether Court of Appeal decision which High Court interpreted correct (see SC 14/2011) – Accordingly, whether High Court decision correct – Whether failure to grant leave would result in substantial miscarriage of justice.   Civ  2011 485 391
Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

8 June 2011.
Hearing
29 November 2011.
Elias CJ, Blanchard, McGrath, William Young, Gault JJ.
Decision reserved.
Case name
Neil Tony Hickman and others v Turn and Wave Limited, Greenstone Barclay Trustees Ltd and Iicon Central Ltd
Case number
SC 46/2011
Summary
Civil Appeal – Securities Act 1978 – Whether Court of Appeal erred in its interpretation of s 33 of the Securities Act, its interpretation of the term “debt security” under the Securities Act, and its interpretation of the scope of the exemption in s 5(1)(b) of the Securities Act – Whether Court of Appeal erred in finding that if the Blue Chip investment products were invalid, they were not interdependent with the sale and purchase agreements – Whether the Court of Appeal erred in holding that the sale and purchase agreements were not tainted by illegality if in breach of s 33 of the Securities Act[2011] NZCA 100  CA 796/2009, CA 797/2009, CA 798/2009
Result

Leave to appeal is granted on the following questions:

(1) Did the marketing by Blue Chip companies and sales agents of the Blue Chip investment products amount to offers to the public of equity and/or debt securities for the purposes of s 37 of the Securities Act 1978?

(2) If so, is the exemption in s 5(1)(b) applicable?

(3) If the answers to questions (1) and (2) are favourable to the investors, does this impeach the ability of the developers to enforce the agreements for sale and purchase on the basis that they (a) constituted part of the relevant allotments and were thus void and of no effect under s 37(4) or, (b) were tainted by their association with those allotments and thus illegal?

6 September 2011

________________________

A The appeals are allowed.

B The SPAs executed at the same time as, or after, the corresponding Blue Chip investment product agreements were entered into are declared to be unenforceable under s 37 of the Securities Act 1978.

C The High Court is to determine whether SPAs, entered into before the corresponding Blue Chip investment products were executed, were subscriptions for securities.

D The cases are otherwise generally remitted to the High Court to make such further orders as may be consistent with this judgment.

E The respondents are to pay the appellants costs $75,000 and usual disbursements.

F  Costs in the High Court and Court of Appeal are to be as determined by those courts.

9 August 2012

______________________

Recall judgment

Former order F now replaced by orders F, G and H.

F  The existing orders for costs in the High Court and Court of Appeal are set aside.

G Other than those affected by timing issues (being Mr Hutchinson in the case of TWL, and in the case of Greenstone Barclay, Mr and Mrs Bogardus, Ms Janes, Mrs and Mrs Johnson, Mr Crawford-Greene, Mr and Mrs Dick and Mr and Mrs Lester) the appellants are to be awarded costs and disbursements in the High Court and Court of Appeal in sums to be determined by those Courts in light of the judgment of this Court.

H Costs and disbursements in relation to the appellants affected by timing issues are to be addressed in the High Court and Court of Appeal once those timing issues have been resolved.

11 December 1012
Transcript
Hearing date : 7 – 9 November 2011
Elias CJ, Tipping, McGrath, William Young, Anderson JJ.
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