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
EW and PW v Attorney-General
Case number
SC 36/2008
Summary
Civil Appeal – Appeal directly from High Court – Negligence – whether only nominal damages should be awarded for a breach of duty of care in child welfare cases unless the duty required the defendant to commence proceedings – whether there was a duty to commence proceedings – whether vicarious liability exists where child is placed back with family from whom they have been removed – whether test of causation correctly applied – Limitation Act 1950 – whether reasonable discoverability test should be expanded beyond sexual abuse cases – whether reasonable discoverability and disability tests were correctly applied – whether facts supported a finding of exemplary damages – whether a non-delegable duty of care existed – whether applicants were falsely imprisoned when held in secure units – whether applicants were required to prove a ‘ counter-factual’ to justify an award of damages – whether the ACC legislation barred the applicant’s claims – whether High Court made correct findings of fact – whether exceptional circumstances exist to justify an appeal directly to the Supreme Court.CIV 199-485-85 and CIV 2001 - 485 - 864 Wellington High Court28 November 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
15 August 2008
Case name
Commerce Commission v Infratil Limited
Case number
SC 37/2008
Summary
Civil – Appeal – Trade Practices – Competition – Appropriate test for accessory liability in context of Commerce Act 1986 – Whether Court of Appeal erred in law in departing from orthodox test for accessory liability in Commerce Act context and in applying a test that required knowledge of the facts at a higher level of detail than is required by the orthodox test – Whether the Court of Appeal erred in law in treating a defendant’ s belief that there was no breach of s 47 of the Commerce Act as a relevant factor in applying the orthodox test for accessory liability.
Leave judgment - leave dismissed
Dates
Application for leave to appeal is refused, with costs $2,500 to the respondent.
19 September 2008
Case name
Wayne Thomas Patterson v The Queen
Case number
SC 38/2008
Summary
[Criminal – sentencing appeal – whether sentence manifestly excessive – the appropriate starting point for serious fraud – whether recovery of funds, under the Proceeds of Crimes Act 1991 or by any other way short of voluntary reparation, should be recognised in sentencing – the admissibility of extraneous material from a Victim Impact Statement under s 9 Evidence Act 2006, and its relationship with the provisions of the Sentencing Act 2002 – relevance, and proof, of overseas convictions in sentencing.[2008] NZCA 75 CA 573/07 31 March 2008
Leave judgment - leave dismissed
PATTERSON v R SC 38/2008 [28 August 2008] (PDF, 24 KB)
Dates
Application for leave to appeal is dismissed.
28 August 2008.
Case name
Qiwen Huang v The Manager of Custodial Services, Auckland Central Remand Prison
Case number
SC 39/2008
Summary
Habeas Corpus [2008] NZCA 225 CA 389/2008 9 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. 10 July 2008
Case name
New Zealand Recreational Fishing Council and New Zealand Big Game Fishing Council Inc v Sanford Limited, Sealord Limited and others
Case number
SC 40/2008
Summary
Civil appeal – Fisheries Act 1996 – statutory interpretation issues arising from review of Minister of Fisheries’ exercise of statutory power to fix the Total Allowable Catch (TAC) and Total Allowable Commercial Catch (TACC) – interpretation of the relationship between s 8 (providing that purpose of Act is to provide for utilisation of fisheries resources while ensuring sustainability) and s 21 (providing for matters which the Minister must take into account in setting the Total Allowable Catch) – specifically, whether the TAC and TACC decisions can be characterised as sustainability and utilisation decisions respectively – whether a “global approach” should be taken to the purpose provision whereby it is a guide to government policy that decision-makers are to bear in mind generally, or whether the provision contains mandatory relevant considerations to be taken into account in relation to individual decisions – how the purpose of enabling people to “provide for their social, economic and cultural wellbeing” in s 8(2) is to be interpreted – whether the common law right to fish extends to commercial fishers.[2008] NZCA 160 CA 163/07 11 June 2008
Result
Application for leave to appeal granted.
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
Media Releases
- big game fishing press release (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Transcription
Case name
Matthew BROWN V The Queen
Case number
SC 41/2008
Summary
Criminal Appeal – appeal against conviction for injuring with intent – whether applicant had adequate counsel in the Court of Appeal – whether Court of Appeal counsel provided correct advice in relation to waiver of solicitor-client privilege – whether Court of Appeal counsel should have called medical evidence – whether Court of Appeal counsel followed applicant’s instructions in relation to witness subpoenas and cross-examination – whether evidence provided in the Court of Appeal was accurate – whether applicant had adequate counsel at District Court – whether District Court counsel should have called other witnesses – whether District Court counsel should have objected to complainant’s testimony – whether Judge’s summing up was effected by defence provided[2008] NZCA 156 CA 392/07 9 June 2008
Leave judgment - leave dismissed
BROWN v R SC 41/2008 [10 October 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
10 October 2008.
Case name
Jamie Ronaki Kissling V The Queen
Case number
SC 42/2008
Summary
Criminal – Appeal – Challenge to mandate and jurisdiction of New Zealand Courts in criminal matters – Whether lower Court correct to refuse application for transfer of case to tribal or customary courts of the Te One One tribes.CRI 2006-070-6764 10 April 2008
Leave judgment - leave dismissed
KISSLING v R SC 42/2008 [21 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
21 August 2008
21 August 2008
Case name
Tareq Abdel Rahim Zaiton v The Queen
Case number
SC 43/2008
Summary
Criminal appeal – whether a miscarriage of justice has occurred under s 385(1)(c) of the Crimes Act 1961 – at a previous trial, the complainant had made identifications relating to one charge – the prosecution did not disclose the identifications to the defence until the second trial – whether the Court of Appeal erred in finding that no miscarriage resulted from the Crown’s failure to disclose the information until that point.[2008] NZCA 189 CA 368/07 26 June 2008
Leave judgment - leave dismissed
ZAITON V R SC 43/2008 [20 October 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
20 October 2008.
Case name
Thornton Estates Limited v Cavell Leitch Pringle & Boyle
Case number
SC 44/2008
Summary
Civil – Breach of fiduciary duty – Breach of duty of care – Negligence – Whether the Court of Appeal erred in finding that there was no basis to intervene to remedy a breach of a fiduciary duty – Whether the Court of Appeal was wrong to find that there is no breach of duty or negligence where a solicitor fails to provide in a contract for passing of risk where the contract provides for a passing of risk when there is a transfer of property – Whether the Court of Appeal was correct in finding that there was no breach of duty by the respondent when it failed to give advice to the appellant on the passing of risk.[2008] NZCA 191 CA 500/07 27 June 2008
Leave judgment - leave granted
Dates
Notice of Abandonment being lodged, the appeal is deemed to be dismissed.
2 February 2009
Case name
R v The Queen
Case number
SC 45/2008
Summary
Criminal appeal – alleged miscarriage of justice in terms of s 385(1)(c) of the Crimes Act 1961 – appellant found guilty on six representative counts alleging sexual offending against the complainant – whether the fact that evidence from several potential witnesses was not put before the jury at the trial and the fact that the trial Judge refused to discharge the jury after the complainant made contact with members of the jury have resulted in a miscarriage of justice.[2008] NZCA 196 CA 32/07 30 June 2008
Leave judgment - leave dismissed
R v R SC45/2008 [8 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
8 October 2008
8 October 2008
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