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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
Josephine Takamore v Denise Clarke  and Nehuata Takamore & Donald Takamore
Case number
SC 131/2011
Summary
Civil Appeal – Customary Law – Approach to determining whether Tūhoe burial custom forms part of the common law – Whether the Court of Appeal majority erred in its analysis of the reasonableness of the Tū hoe custom – Whether the Court of Appeal majority was wrong to hold that the Tūhoe custom was insufficiently certain to form part of the common law – Whether the Court of Appeal majority was correct to hold that Tū hoe custom was a relevant cultural consideration for an executor or executrix where one or more of the whānau pani of the deceased is Tūhoe and the deceased is Tūhoe under Tūhoe custom – Whether the Court of Appeal minority judgment raised important issues about the approach to findings of fact in the High Court[2011] NZCA  587   CA 525/2009
Result
A The application for leave to appeal is granted.
B The approved grounds of appeal are whether the Court of Appeal was correct to hold that New Zealand law entitled the executrix to determine disposal of the body of the deceased and whether it was correct to hold that the executrix is entitled to take possession of the body of the deceased notwithstanding its burial.

 

28 March 2012

________________________________

A The appeal is dismissed.
B  The first respondent is entitled to proceed under the exhumation licence to have Mr Takamore reburied in a place of her choosing.
C  The matter is remitted back to the High Court in case any consequential orders are necessary.
D  Costs are reserved. 

18 December 2012
Transcript

Hearing dates : 17 and 18 July 2012

Elias CJ, Tipping, McGrath, William Young, Blanchard JJ.
Case name
Robert Erwood v Raylee Harley and the Official Assignee
Case number
SC 132/2011
Summary
Civil Appeal – Disbursements – Appeal against a decision of the Court of Appeal which set aside the Registrar’s decision to award $1,000 in disbursements to the applicant – The Court of Appeal declined to recall the decision when presented with new information in relation to this matter – Whether an unrepresented litigant can be awarded costs or disbursements relating to legal advice obtained for the purposes of litigation when the order only covered “usual disbursements” as defined – Whether this matter should be remitted back to the Court of Appeal for full panel hearing.[2011] NZCA  370   CA 260/2009
Dates
Application for leave to appeal dismissed.
24 April 2012.
Case name
Pawel Marian Misiuk v The Queen
Case number
SC 133/2011
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990, s 24(d) – Appeal against the decision of the Court of Appeal, which dismissed the applicant’s appeal against conviction and sentence – Whether there was a breach of the New Zealand Bill of Rights Act 1990, s 24(d) – Applicant claims not to have access to files and computer facilities[2011] NZCA  663   CA 307/2011
Hearing
Application for leave to appeal  dismissed.
21 June  2012.
Dates
Application for recall dismissed.
5 April 2012.
Case name
Courtney Pauline Churchward v The Queen
Case number
SC 134/2011
Summary
Criminal – Conviction – Murder – Whether Court of Appeal erred in dismissing appeal against conviction – Whether Court of Appeal took correct approach to directions concerning accused’s youth and possible effect on intent – Availability of diminished responsibility defence.[2011] NZCA  531  CA 610/2010
Dates
Application for leave to appeal dismissed.
5 April 2012.
Case name
Albert John Rhodes v The Queen
Case number
SC 1/2010
Summary
Criminal – appeal against sentence – convictions for manufacture and supply of methamphetamine – applicant was sentenced to an effective term of life imprisonment – whether the Court of Appeal erred in determining that the sentence was not manifestly excessive and wrong in principle.[2009] NZCA 486   CA 91/2009  19 October 2009
Leave judgment - leave dismissed
RHODES V R SC 1/2010 [12 March 2010] (PDF, 11 KB)
Dates

Application for leave to appeal dismissed.

12 March 2010
Case name
RL And WL v The Chief Executive of the Ministry of Social Development and others.
Case number
SC 2/2010
Summary
Civil Appeal – Whether the Court of Appeal erred in reinstating the High Court’s decision to strike out the appellant’s proceedings for judicial review but with restrictions; whether the Court of Appeal erred in its application of s 20 of the New Zealand Bill of Rights Act 1990, the Treaty of Waitangi and other international human rights obligations.      [2009] NZCA 596   CA 503/2008 15  December 2009
Leave judgment - leave dismissed
sc 2 2010 rl and anor v chief executive of the ministry of social development and ors leave application (PDF, 16 KB)
Dates

Application for leave to appeal dismissed with no order for costs.

10 March 2009
Case name
PM  v The Queen
Case number
SC 3/2010
Summary
Civil Appeal – Bail Act 2000 – appeal against dismissal of application for bail by Court of Appeal – Whether appropriate in interests of justice for appellant to be granted bail pending appeal against conviction to Court of Appeal – Whether bail can be sought to arrange appeal against conviction – Whether bail can be sought to arrange parole accommodation.[2009] NZCA 615   CA 663/2009  18 December 2009
Dates

Application for leave to appeal is dismissed

10 February 2010.
Case name
Vodafone New Zealand Limited v Telecom New Zealand Limited
Case number
SC 4/2010
Summary
Civil Appeal – Communications - Telecommunications Act 2001 – Final Determination by Commerce Commission for Telecommunications Services Obligations Instrument for Local Residential Service - Whether the Court of Appeal erred in maintaining the Commerce Commission’s approach to the calculation of the costs of providing Telecommunications Services Obligations in accordance with the requirements of ‘net cost’ under s 5 of the Telecommunications Act 2001.[2009] NZCA 565  CA 192/2008    2 December 2009
Media Releases
Substantive judgment
sc 4 2010 vodafone new zealand ltd v telecom new zealand ltd (PDF, 256 KB)
Leave judgment - leave granted
VODAFONE NEW ZEALAND LIMITED v TELECOM NEW ZEALAND LIMITED SC 4/2010 [30 March 2010] (PDF, 10 KB)
Dates

Application for leave to appeal granted.

The approved ground is whether the Commerce Commission, in making its determination, complied with the applicable statutory provisions.

30 March 2010

_________________________

Appeal dismissed.  No order for costs.

17 November 2011
Transcript

Hearing date : 21 – 24 February 2011

Elias CJ, Blanchard, Tipping, McGrath, Gault JJ.
Case name
William Patrick Jeffries v The Privacy Commissioner
Case number
SC 5/2010
Summary
Civil – Litigation privilege – Whether the Court of Appeal erred in holding that unsolicited communication does not attract litigation privilege under s56 of the Evidence Act 2006 – Whether the Court of Appeal erred in interpreting the word ‘person’ in s91(4) of the Privacy Act 1993 – Whether the Court of Appeal was correct to apply s74 of the Evidence Act 2006 to matters before the Privacy Commissioner – Whether the Court of Appeal erred in law in failing to review the Privacy Commissioner’ s decisions – Whether the Court of Appeal erred in not addressing s27 of the New Zealand Bill of Rights Act 1990.[2009] NZCA 567  CA 339/2008  3 December 2009
Result
Application for leave to appeal granted. The approved ground is whether unsolicited communications received by the applicant while acting as a barrister are capable of attracting litigation privilege.
31 March 2010
_______________________
The appeal  is dismissed. Any claim of privilege must be referred for the determination of the Privacy Commissioner in accordance with this judgment. No order for costs is made.
12 August 2010
Media Releases
Leave judgment - leave granted
JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [31 March 2010] (PDF, 47 KB)
Substantive judgment
JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [12 August 2010] (PDF, 104 KB)
Transcript

Hearing date : 21 July 2010

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Case name
DSL Logistics Limited v New Zealand Sports Merchandising Limited
Case number
SC 6/2010
Summary
Civil – Contract – Law of entire obligations – Termination of contract for the storage and dispatch of merchandise – whether the Court of Appeal erred in applying the law of entire obligations to the contract – whether the Court of Appeal erred in its construction of Appendix B work as an entire obligation – whether the Court of Appeal erred in failing to take into consideration the substantial performance of the contract by the applicants – whether the Court of Appeal erred in its interpretation of clause 7.5 of the standard form agreement[2009] NZCA 566  CA 691/2009    1 December 2009
Leave judgment - leave dismissed
DSL LOGISTICS LIMITED v NEW ZEALAND SPORTS MERCHANDISING LIMITED SC 6/2010 [30 March 2010] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed. Costs $2,500 to the respondent.                                

30 March 2010.
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