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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
I A Campbell, J Hughes and S C Biss v Craggy Range Vineyard Limited
Case number
SC 26/2008
Summary
Civil Appeal – contract interpretation – agreement for sale and purchase of land - whether the respondent could rely on post-contractual events when interpreting contract – whether a grant of a second water right to the respondent gave rise to a separate liability for payment given the grant was obtained after the respondent had declared the clause relating to water rights to be satisfied.[2008] NZCA 96 CA 254/07 CA 462/07 24 April 2008
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
Case name
M v The Queen
Case number
SC 27/2008
Summary
Criminal – Appeal against conviction and sentence – Sexual offending – Evidence admissibility – Sentencing – Reparation – Whether, given substantial payment of reparation to complainant, Court of Appeal erred in holding sentence of five and a half years imprisonment not excessive – Whether Court of Appeal erred in holding admission of video interview evidence did not give rise to miscarriage of justice.[2008] NZCA 112 CA 540/07 5 May 2008
Leave judgment - leave dismissed
M v R SC 27/2008 [17 July 2008] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.
17 July 2008
Case name
Allen Louis Harriman v The Queen
Case number
SC 28/2008
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal erred in finding various photographs, and expert evidence about the use of drug terminology, admissible – whether the Judge’ s ‘expert evidence’ direction to the jury was incomplete, because it did not cover the evidence of a defence witness – whether the Judge failed to direct the jury adequately on the effect of the applicant’ s partial guilty plea – whether the sentence was manifestly excessive – application for leave to appeal out of time.[2008] NZCA 53 CA 109/07 11 March 2008
Leave judgment - leave dismissed
HARRIMAN v R SC 28/2008 [7 August 2008] (PDF, 14 KB)
Dates

Application for leave to appeal dismissed.
7 August 2008
Case name
Albany Tuhuru Tainui v The Queen
Case number
SC 29/2008
Summary
Criminal – appeal against conviction – charges of sexual violation by unlawful sexual connection – whether the Court of Appeal erred in its approach towards an appeal against juror and Court staff misconduct – whether the Court of Appeal erred in admitting evidence that could be prejudicial to the accused or was propensity evidence. [2008] NZCA 119 CA 653/07 16 May 2008
Leave judgment - leave dismissed
TAINUI v R SC 29/2008 [31 July 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
31 July 2008
Case name
Paul Joseph Cameron v The Queen
Case number
SC 30/2008
Summary
High Court Gisborne CRN 2006 016 00325Criminal appeal – Evidence Act 2006 ss 28, 29 and 30 – admissibility of “scenario evidence” (evidence obtained by an investigative technique whereby police invite a suspect to participate with an undercover police officer in a constructed event designed to simulate criminal activity) – applicant made statements to undercover police officer posing as gang leader that were admitted in Court against him – whether, under s 29(4)(d), a threat, promise or representation must only be taken into account in determining whether a statement was influenced by oppression if it were made by a person in authority – further, whether evidence should be excluded for unreliability or improperly being obtained under s 28 and s 30 respectively.
Leave judgment - leave dismissed
CAMERON v R SC 30/2008 [1 August 2008] (PDF, 14 KB)
Dates

 Application for leave to appeal dismissed.
  1 August 2008
Case name
Vai Feterika v The Queen
Case number
SC 31/2008
Summary
Criminal Appeal – sentence appeal – wounding with intent to cause grievous bodily harm – whether the sentencing judge gave appropriate consideration to the applicant’s youth and the need for rehabilitation – applicant sentenced to 10 years imprisonment while the principle offender was sentenced to only five and a half years – whether disparity between the offenders is a miscarriage of justice. [2008] NZCA 127 CA 422/07 20 May 2008
Leave judgment - leave dismissed
FETERIKA v R SC 31/2008 [27 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
27 August 2008.
Case name
Deborah Gordon-Smith v The Queen
Case number
SC 32/2008
Summary
Criminal – Appeal by way of case stated – Juries Act 1981 – Challenge under New Zealand Bill of Rights Act 1990, Privacy Act 1993 and Criminal Records (Clean Slate) Act 2004 to legality and fairness of jury-vetting by Police so as to provide Prosecutor with information including, but not limited to, non-disqualifying criminal histories of persons on jury list – Jurisdiction – Leave on same grounds as King v R (SC 18/2008) sought – Jurisdiction issue relevant to King case sole reason for application for leave and to be included as a party to King case.[2008] NZCA 79 CA 207/2007 10 April 2008
Media Releases
Substantive judgment
GORDON-SMITH v R SC 32/2008 [23 March 2009] (PDF, 108 KB)
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Dates

25 July 2008 – Application for leave to appeal granted.

______________________

Appeal dismissed.

23 March 2009
Transcription

Hearing date : 10 July 2008

Hearing date : 3 December 2008 

Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ.
Case name
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154  CA 227/07  6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
Media Releases
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
AYLWIN v NEW ZEALAND POLICE SC 33/2008 [19 December 2008] (PDF, 38 KB)
Case name
Jonathan John Edward Belcher v The Queen
Case number
SC 34/2008
Summary
Criminal – appeal against conviction – indecent assault and sexual violation – whether the Court of Appeal was correct to find that the trial Judge did not need to dismiss the jury when the appellant alleged he knew a juror – whether the Court of Appeal was right in holding that there was evidence to convict.
Leave judgment - leave dismissed
BELCHER v R SC 34/2008 [27 March 2009] (PDF, 16 KB)
Dates

Application for leave to appeal dismissed.

27 March 2009
Case name
Hawthorne v Cox
Case number
SC 35/2008
Summary
Civil appeal – costs orders – appeal from decision of the Court of Appeal to refuse leave to appeal from a decision of the High Court not to award costs in favour of the appellant who had successfully challenged a guardianship order – whether leave required when appealing a costs order originating in an appeal – whether the Court of Appeal’s decision not to award costs to the appellant was in the best interests of the child who was the subject of the guardianship order – whether counsel for the child should be immune from a cost order unless there is bad faith or clear incompetence – whether costs may be determined without the need to be heard.[2008] NZCA 146 CA 509/07 4 June 2007
Leave judgment - leave dismissed
G v COX And Anor SC 35/2008 [27 August 2008] (PDF, 17 KB)
Dates

Application for leave to appeal dismissed, with cocts of $2,500 to the first respondent.

27 August 2008
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