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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
Pawel Marian Misiuk v The Chief Executive of the Department of Corrections
Case number
SC 105/2010
Summary
Civil Appeal - Habeas Corpus application - Whether the High Court’ s failure to issue a warrant to detain the applicant as required by s44(1) of the Bail Act 2000 at time of the applicant’s hearing meant that all subsequent warrants issued for the applicant's commitment to prison were also invalid.[2010] NZCA 480 CA 672/2010 20 October  2010
Leave judgment - leave dismissed
MISIUK V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 1 05/2010 [16 November 2010] (PDF, 40 KB)
Dates

Application for leave to appeal dismissed,

16 November 2010.
Case name
John Colman  v The Police
Case number
SC 106/2010
Summary
Criminal Appeal – Summary Offences Act 1981, s (4)(1)(a) – using insulting language within hearing of a public place, being reckless as to whether anyone was insulted by the words - discharged without conviction on appeal – leave refused to appeal to the Court of Appeal – whether the applicant’s rights under the New Zealand Bill of Rights Act 1990 have been breached.CRI 2009 488 09  22 December 2009
Leave judgment - leave dismissed
COLMAN v THE POLICE SC 106/2010 [8 December 2010] (PDF, 66 KB)
Dates

Application for leave to appeal dismissed.

8 December 2010.
Case name
DH v The Queen
Case number
SC 107/2010
Summary
Criminal – Summary Proceedings Act 1957 – Appellants charged with cultivation, supply and possession of cannabis – Whether Court of Appeal erred in not explicitly ruling that a search warrant issued under s 198 SPA cannot authorise the installation of covert video surveillance cameras – Whether Court of Appeal erred in holding exclusion of surveillance evidence would be disproportionate to impropriety in obtaining it.[2010] NZCA 457 CA 221/2010 7 October 2010
Dates

Application for leave to appeal dismissed

2 December 2010
Case name
GB v The Queen
Case number
SC 108/2010
Summary
Criminal – Summary Proceedings Act 1957 – Appellants charged with cultivation, supply and possession of cannabis – Whether Court of Appeal erred in not explicitly ruling that a search warrant issued under s 198 SPA cannot authorise the installation of covert video surveillance cameras – Whether Court of Appeal erred in holding exclusion of surveillance evidence would be disproportionate to impropriety in obtaining it.[2010] NZCA 457 CA 222/2010 7 October 2010
Leave judgment - leave dismissed
Not publicly available
Dates

Application for leave to appeal dismissed

2 December 2010
Case name
Brendon Clive Dorn v The Queen
Case number
SC 109/2010
Summary
Criminal – Indecent assault – Judicial misdirection to jury on belief in consent – whether the Court of Appeal erred in finding that the misdirection did not give rise to a miscarriage of justice in respect of count 3[2010] NZCA 461 CA 185/2010 11 October 2010
Leave judgment - leave dismissed
DORN v R SC 109/2010 [14 February 2011] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed.

16 February 2011
Case name
Joshua Chris Woodcook v The Queen
Case number
SC 110/2010
Summary
Criminal Appeal – whether the trial judge misdirected the jury on its power to return majority verdicts resulting in a miscarriage of justice.  [2010] NZCA 489 CA 733/2009 28 October 2010
Leave judgment - leave dismissed
sc 110 2010 joshua chris woodcock v the queen (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.

16 February 2011
Case name
Brian Thomas Street v Michael John Brouwers
Case number
SC 111/2010
Summary
Civil Appeal – tort of removal of support and negligence – causation – landslip encroaching on common boundary of adjoining property causing land to subside and reducing the value of the adjoining property – whether the Court of Appeal erred on the issue of causation – whether the Court of Appeal erred in their approach to the tort of removal of support and negligence.[2010] NZCA 463   CA 374 /2009  13 October 2010
Leave judgment - leave dismissed
STREET v BROUWERS SC 111/2010 [9 March 2011] (PDF, 60 KB)
Dates

Application for leave to appeal dismissed.

9 March 2011
Case name
M D M v Serious Fraud Office
Case number
SC 112/2010
Summary
Refusal to grant name suppression.CRI 2010 404 338 19 October 2010
Dates

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

25 November 2010.
Case name
CJH  v The Queen
Case number
SC 113/2010
Summary
Refusal to grant name suppression.CRI 2008 006 2346  Judge Harvey
Dates

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

25 November 2010.
Case name
DJB  v The Queen
Case number
SC 114/2010
Summary
Criminal – Evidence Act 2006 – Admissibility of prior consistent statements – whether the complainant’s prior consistent statements to third parties, led in evidence in chief within a video interview, were admissible in application of s 35(2) of the Act – Admissibility of statements made by the defendant – whether evidence given by the complainant’ s mother of a statement made by the defendant should have been excluded on the basis that the risk of an unfairly prejudicial effect on the proceeding outweighed its limited probative value pursuant to s 8 of the Act[2010] NZCA 493  CA 110/2010   29  October 2010
Result
The application for leave to appeal is granted. The approved ground is whether the evidence of complaints to two family members was admissible.
25 February 2011
____________________________
Appeal dismissed.
9 June 2011
Media Releases
Leave judgment - leave granted
B v R SC 114/2010 [25 February 2011] (PDF, 137 KB)
Substantive judgment
B(SC 114/2010) v R SC 114/2010 [9 June 2011] (PDF, 66 KB)
Transcript

Hearing date : 5 May 2011

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