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
Malcolm Albert Spark v The Queen
Case number
SC 77/2009
Summary
Civil appeal – Whether the Court of Appeal erred in finding that the Films Videos and Publications Classification Act 1993 applies to private material that was never intended to be made public; whether the Court of Ap peal erred in determining that the possession of objectionable material for private use is a “publication” for the purposes of the Act; whether the Court of Appeal erred in failing to apply the New Zealand Bill of Rights Act 1990 to interpretation of the word “publication”; whether the Court of Appeal erred in determining that it was permissible to repeatedly question an accused when the accused has stated that he does not wish to provide the information sought.[2009] NZCA 345 CA 267/2009 6 August 2009
Result
Application for leave to appeal dismissed. 16 December 2009
Leave judgment - leave dismissed
Case name
Air Nelson Limited v NZ Amalgamated Engineering Printing and Manufacturing Union Inc
Case number
SC 78/2009
Summary
Civil Appeal – Employment Relations Act 2000 – Strikes and lockouts – legality – Whether Court of Appeal erred in holding that in s 97 of the ERA 2000 the words “the work of a striking or locked employee” mean “the work a striking or locked out employee would probably have been performing had he/she not been locked out – Whether Court of Appeal erred in holding that s 97 of the ERA 2000 applies in circumstances where the work in question is work which is being performed, or is intended to be performed, by a person who would normally or routinely perform such work.[2009] NZCA 349 CA 206/2008 7 August 2009
Result
Application for leave to appeal granted.
27 October 2009
_____________________
The appeal is allowed with costs of $15,000 to be paid by the respondent to the appellant together with the appellant’s reasonable disbursements to be fixed if necessary by the Registrar.
17 May 2010
27 October 2009
_____________________
The appeal is allowed with costs of $15,000 to be paid by the respondent to the appellant together with the appellant’s reasonable disbursements to be fixed if necessary by the Registrar.
17 May 2010
Transcripts
- TS sc 78 2009 23 February 2010 (PDF, 225 KB)
Media Releases
- press release air nelson 17 may 2010 (PDF, 39 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Ri Tong Zhou v The Queen
Case number
SC 79/2009
Summary
Criminal appeal – appeal against sentence – convictions under the Misuse of Drugs Act 1975 – minimum period of imprisonment of eight years imposed by High Court – the basis of the appeal to the Court of Appeal was disparity in relation to the sentences imposed for similar offending by the applicant’s associates – whether the Court of Appeal erred in dismissing the appeal despite an apparent injustice to the applicant – whether there has been a substantial miscarriage of justice.[2009] NZCA 365 CA 209/2009 18 August 2009
Result
Application for leave to appeal dismissed. 15 December 2009
Leave judgment - leave dismissed
Case name
Richard Donald Collins v The Queen
Case number
SC 80/2009
Summary
Criminal – Firearms and manufacturing and supply of drugs convictions – Whether the Court of Appeal erred in finding that s 61 of the Arms Act 1983 was not restricted for use in emergency situations – Whether the Court of Appeal was wrong to hold that s 18(2) of the Misuse of Drugs Act 1975 authorised the Police to search the applicant’s property – Whether the Court of Appeal were wrong to find that the applicant had made certain admissions before the police search.[2009] NZCA 88 CA 643/2008, CA 157/2009 4 September 2009
Result
Application for leave to appeal dismissed.
9 February 2009
9 February 2009
Leave judgment - leave dismissed
COLLINS V R SC 80/2009 9 February 2010 (PDF, 11 KB)
Case name
Charterhall Trustees Limited v Queenstown Lakes District Council
Case number
SC 81/2009
Summary
Civil – negligence – the Court of Appeal struck out a claim against the Queenstown Lakes District Council by the owner of a commercial building – the claim alleged negligence in the course of the approval and building process resulting in a defect in the building that caused loss to the owner – whether it is reasonably arguable that the Council owed a duty of care to the building owner to exercise reasonable skill and care in the performance of its statutory functions and responsibilities under the Building Act 1991.[2009] NZCA 374 CA 441/2008 25 August 2009
Result
Application for leave to appeal granted. 24 November 2009
_______________________
Notice of abandonment of appeal being lodged, the application is deemed to be dismissed.
_______________________
Notice of abandonment of appeal being lodged, the application is deemed to be dismissed.
Leave judgment - leave granted
Case name
Blair & Co Limited v Queenstown Lakes District Council
Case number
SC 82/2009
Summary
Civil – negligence – the Court of Appeal struck out a claim against the Queenstown Lakes District Council by the owner of a commercial building – the claim alleged negligence in the course of the approval and building process resulting in a defect in the building that caused loss to the owner – whether it is reasonably arguable that the Council owed a duty of care to the building owner to exercise reasonable skill and care in the performance of its statutory functions and responsibilities under the Building Act 1991.[2009] NZCA 374 CA 441/2008 25 August 2009
Result
Application for leave to appeal granted.
24 November 2009
____________________
Leave to appeal is revoked. The appellant is ordered to pay the respondent costs of $7,500, together with reasonable disbursements incurred prior to the abandonment by Charterhall Trustees Ltd of its appeal (SC 81/2009).
22 April 2010
24 November 2009
____________________
Leave to appeal is revoked. The appellant is ordered to pay the respondent costs of $7,500, together with reasonable disbursements incurred prior to the abandonment by Charterhall Trustees Ltd of its appeal (SC 81/2009).
22 April 2010
Transcripts
- sc 82 2009 blair co v queenstown lakes (PDF, 461 KB)
Media Releases
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Transcript
Case name
Westpac Banking Corporation, Bank of New Zealand Limited, ANZ National Bank Limited v Commissioner of Inland Revenue
Case number
SC 83/2009
Summary
Civil Appeal – Banking and Finance – Unclaimed Money Act 1971 – meaning of terms: “money” “payable”, “has become owing” – Whether UMA applies to conditional transactional liabilities such as cheques, drafts or other bills of exchange – Bills of Exchange Act 1908 – nature of drawer’s liability – Whether Court of Appeal erred in holding Commissioner of Inland Revenue v Thomas Cook (New Zealand) Ltd [2005] 2 NZLR 722 (PC) applied – Whether Thomas Cook rightly decided.[2009] NZCA 376 CA 741/2008 26 August 2009
Result
Application for leave to appeal granted.
4 December 2009
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The appeal is dismissed. The appellants are ordered to pay the respondent costs of $15,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
7 April 2011
4 December 2009
__________________________________
The appeal is dismissed. The appellants are ordered to pay the respondent costs of $15,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
7 April 2011
Transcripts
- sc 83 2009 westpac ors v ird (PDF, 579 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and Ors
Case number
SC 84/2009
Summary
Stay of proceedings.[2009] NZCA 417 CA 634/2008 18 September 2009
Result
Application dismissed. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Michael Wauchop Porter v The Queen
Case number
SC 85/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 255/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Miles Gainsford Elliott v The Queen
Case number
SC 86/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred n its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 256/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
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