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
Wyeth (NZ) Limited v Ancare New Zealand Limited and The Environmental Risk Management Authority
Case number
SC 57/2009
Summary
Civil Appeal - Statutory Interpretation - whether the Court of Appeal erred in interpreting the Hazardous Substances and New Organisms Act 1996; whether the Act requires or entitles the Environmental Risk Management Authority to refuse to disclose the identity of a hazardous substance and/or its chemical composition; whether the Act allows the Environmental Risk Management Authority to require that the identity of a hazardous substance and/or its chemical composition be provided on the basis of confidentiality undertakings. [2009] NZCA 211 CA 424/2007 27 May 2009
Result
Application for leave to appeal granted.
25 September 2009
______________________
The appeal is dismissed with no order for costs.
23 April 2010
25 September 2009
______________________
The appeal is dismissed with no order for costs.
23 April 2010
Transcripts
- Hearing date 8 February 2010 (PDF, 600 KB)
Media Releases
Leave judgment - leave granted
Substantive judgment
Case name
Lipene Sila v The Queen
Case number
SC 58/2009
Summary
Criminal – Appeal against murder convictions – Whether the Court of Appeal erred in finding that the Trial Judge was correct to not allow self-defence to be put to the jury.[2009] NZCA 233 CA 404/2008 5 June 2009
Result
Application for leave to appeal dismissed. 10 August 2009
Leave judgment - leave dismissed
Case name
Kane Wikio and Bunny Beckham v The Attorney-General
Case number
SC 59/2009
Summary
Civil Appeal – whether the Court of Appeal erred in failing to exercise its discretion under r 43(2) of the Court of Appeal (Civil) Rules 2005 to extend the time to file a Case on Appeal in circumstances where there was no realistic prospect that the appellants would be able to pursue their appeal after their counsel advised he would not proceed on a pro bono basis and where the appellants had already had the benefit of being represented in a full merits appeal.[2009] NZCA 221 CA 486/2008 2 June 2009
Result
Application for leave to appeal dismissed. 23 July 2009
Leave judgment - leave dismissed
Case name
Ngati Rangi Trust and others v Genesis Power Limited and Manawatu-Wanganui Regional Council
Case number
SC 60/2009
Summary
Civil – Grant of resource consents – Whether the Court of Appeal was wrong to determine that the Environment Court had incorrectly directed itself as to the statutory purpose of the Resource Management Act 1991 – Whether the Court of Appeal erred in declining to address who was burdened by an evidential onus to demonstrate appropriate measures to mitigate the adverse effects of a proposal.[2009] NZCA 222 CA 518/2007 2 June 2009
Result
Notice of Abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 21 December 2010
Case name
Talbot 2002 Underwriting Capital Limited v Maintenance Technology and Engineering Limited
Case number
SC 61/2009
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing the applicant’s application for a priority fixture and/or for a stay pending determination of the appeal on the grounds of bias on the part of a Judge who has embarked upon the hearing of a case to which the appellant is a party in the High Court.CA 327/2009 16 June 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent. 14 July 2009
Leave judgment - leave dismissed
Case name
Victor Stojanovich v The Queen
Case number
SC 62/2009
Summary
Criminal appeal – convictions for sexual violations by rape and unlawful sexual connection – appeal based on conduct of defence counsel and alleged deficiencies in the trial process – whether the appellant was denied the right to a fair trial – whether the Court of Appeal erred in finding that the failure of trial counsel to cross-examine the complainant on inconsistencies between her evidence at trial, her statement to the Police and evidence at first trial did not amount to a miscarriage of justice – whether the Court of Appeal erred in finding that the trial judge’s direction on consent did not amount to a miscarriage of justice.[2009] NZCA 210 CA 427/2008 27 May 2009
Result
Application for leave to appeal dismissed.
27 August 2009
27 August 2009
Leave judgment - leave dismissed
STOJANOVICH V R SC 62/2009 27 August 2009 (PDF, 12 KB)
Case name
Kobina Bertum Dadzie v The Queen
Case number
SC 63/2009
Summary
Criminal – Appeal against conviction and sentence – Whether appellant denied any due process right in raising counsel incompetence claims – Whether substantial miscarriage of justice established.[2009] NZCA 261 CA 121/2009 23 June 2009.
Result
Application for leave to appeal dismissed. 26 August 2009
Leave judgment - leave dismissed
Case name
Slawomir Ryszard Bujak v The District Court at Christchurch and The Republic of Poland
Case number
SC 64/2009
Summary
Civil – extradition - whether Court of Appeal erred in refusing to admit new evidence – whether Court of Appeal erred in determining that by joining an extradition Treaty New Zealand has accepted that the court system in the partner state is robust enough to grant a fair trial – whether the Court of Appeal erred in determining that comity interest must be balanced against, and could somehow trump, an individual’s liberty rights – whether the Court of Appeal erred in deciding that the ‘ copies’ provided by the second respondent sufficed for extradition from New Zealand purposes – whether the Court of Appeal erred in determining that the requisite authentication procedures were followed and that the evidence against the Appellant was not hearsay – whether the Court of Appeal failed to consider relevant case law provided by counsel. [2009] NZCA 257 CA 678/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Any application for costs to be made within 10 working days.
15 September 2009
________________
Order for costs to the 2nd respondent in the sum of $2,000.
15 October 2009
15 September 2009
________________
Order for costs to the 2nd respondent in the sum of $2,000.
15 October 2009
Leave judgment - leave dismissed
Additional document
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and others
Case number
SC 65/2009
Summary
Civil – Whether the Court of Appeal erred in its exercise of discretion declining the application for grant of an extension under r 43 of the Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal was entitled to make that decision in the absence of the applicant or his counsel.[2009] NZCA 255 CA 634/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Costs of $7,500 and disbursements to the respondents. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Case name
Maia Rongonui v The Queen
Case number
SC 66/2009
Summary
Criminal – Evidence Act 2006 – Mr Rongonui was convicted of one count of sexual violation by unlawful connection and one of assault with intent to commit rape – whether the Court of Appeal erred in holding that the complainant’s evidence that she had told her friend what occurred after the incident did not fall within s 35 of the Evidence Act dealing with previous consistent statements because evidence was not given of anything actually said by the complainant – whether the Court of Appeal erred in holding that the District Court Judge was correct to allow the prosecutor to use a witness statement to refresh the memory of a witness and to allow cross-examination of the witness on the grounds of hostility[2009] NZCA 279 CA 736/2008 2 July 2009
Result
Application for leave to appeal granted.
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
Transcripts
- Hearing date 19 November 2009 (PDF, 504 KB)
Media Releases
- media release rongonui 23 july new release (PDF, 83 KB)
Leave judgment - leave granted
Rongonui v R SC 66/2009 [21 September 2009] (PDF, 9 KB)
Substantive judgment
RONGONUI v R SC 66/2009 [27 November 2009] (PDF, 170 KB)
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