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
Xiao Quing Huang, Cui Yong Ming and Jarvis Cui v Minister of Immigration and The Attorney General
Case number
SC 15/2007
Summary
Civil – seeking order staying decision of High Court pending hearing of appeal in the Court of Appeal - Ms Huang and Mr Cui are Chinese nationals who came to NZ in 1996 on short-term visitor permits – married and had a son in NZ – 6-year old son is a NZ citizen – removal orders served on Ms Huang and Mr Cui in September 2005 – applied to the High Court for judicial review on humanitarian grounds – effect of removal proceedings on child – application unsuccessful – Mr Cui removed from NZ and returned to China – applicants sought interim relief from the Court of Appeal to delay removal of Ms Huang pending hearing of appeal – whether the Court of Appeal erred in declining to grant interim relief – whether Ms Huang’s appeal rights rendered nugatory if removed to China – whether balance of convenience favours applicants – whether the Court of Appeal erred in finding that merits of intended appeal not so strong to favour the grant of interim relief –United Nations Convention on the Rights of the Child - United Nations Convention on Civil and Political Rights - New Zealand Bill of Rights Act - application for leave to appeal out of time.CA 236/06 18 December 2006
Result
Notice of Abandonment being lodged, the appeal is deemed to be dismissed. 10 May 2007
Judgment appealed from
Case name
Nicola Brownwyn Hayes v The Queen
Case number
SC 16/2007
Summary
Criminal appeal – Crimes Act 1961 – s 229(A)(b) (taking or dealing with certain documents with intent to defraud) – s 228 (dishonestly taking or using document) – whether, and to what extent, the Crown must prove the probability or possibility of “pecuniary advantage” where the accused uses a document to avoid the risk of losing ACC compensation payments to which she, in any event, would have been entitled – alternatively, whether, in that same scenario, the Crown must prove that the accused was no longer entitled to such payments because the relevant incapacity had ceased.CA 343/06 24 February 2007
Result
Application for leave to appeal granted.
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
Transcripts
- Hearing date 15 August 2007 (PDF, 273 KB)
Media Releases
- pressrelease hayes 000 (PDF, 89 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
HAYES V R SC 16/2007 [15 February 2008] (PDF, 95 KB)
Case name
F v The Chief Executive of the Ministry of Social Development
Case number
SC 17/2007
Summary
Civil – Appeal against decision to refuse a writ of habeas corpus in relation to the appellant’s child – whether the Court of Appeal failed to consider the evidence before it – whether the Court of Appeal failed to consider international human rights documents. CA 97/07 7 March 2007
Result
Application for leave to appeal refused. 8 May 2007
Leave judgment - leave dismissed
Case name
FP v The Queen
Case number
SC 18/2007
Summary
S ummary Criminal – appeal against conviction and sentence – applicant pleaded guilty in the High Court to seven counts of sexual offending against young girls – whether leave should have been granted for a change of plea – whether language difficulties resulted in a miscarriage of justice – application for leave to appeal out of time.CA 205/05 22 November 2005
Result
Application for leave to appeal dismissed. 13 June 2007
Leave judgment - leave dismissed
F v R SC 18/2007 [13 June 2007] (PDF, 14 KB)
Judgment appealed from
Case name
Samuel Tahatu Marsh v The Queen
Case number
SC 19/2007
Summary
Criminal – appeal against conviction and sentence – applicant convicted of discharging an airgun in or near a dwellinghouse or public place (s 48 Arms Act 1983) – whether leave should be granted on a direct appeal from the High Court under s 14 Supreme Court Act 2003 – whether Police search of private bedroom was an unreasonable search and seizure contrary to s 21 New Zealand Bill of Rights Act 1990, where the Bill of Rights issue was not raised in the Courts below – application for leave to appeal out of time. CRI 2006 419 90 21 November 2006
Result
Application for leave to appeal dismissed.
25 June 2007
25 June 2007
Leave judgment - leave dismissed
MARSH v NEW ZEALAND POLICE SC 19/2007 [25 June 2007] (PDF, 15 KB)
Case name
John Anthony Waller and Richard Dale Agnew v Stephen John Davies and others
Case number
SC 20/2007
Summary
Civil – applicants were appointed statutory managers of CH Finance Ltd pursuant to the Corporations (Investigation and Management) Act 1989 – CH Finance had devised a money lending scheme targeted at homeowners – CH Finance had become the registered proprietor of twelve properties pursuant to this scheme – properties mortgaged variously to the second to sixth respondents – statutory managers applied to the High Court pursuant to s 58 of that Act for directions relating to the twelve properties – statutory managers appealed that decision, cross-appeal by first respondent – statutory managers seek leave to appeal Court of Appeal decision - whether Court of Appeal erred in dismissing the statutory managers’ application for directions under s 58 of the Corporations (Investigation and Management) Act 1989 without providing directions or without remitting the application to the High Court for further directions – whether homeowners have an equitable interest arising out of fraudulent misrepresentations made to them – whether Court of Appeal erred in finding that counsel for the first respondent had not conceded that fraudulent misrepresentations had been made – whether the homeowners have an equitable interest arising out of a common law mortgage or an option to purchase – whether Court of Appeal erred in finding that first respondent not guilty of fraud under the Land Transfer Act 1952 on the basis that homeowners had no equitable interest to defeat – whether the second to fifth respondents were guilty of fraud by way of imputation and/or attribution –whether costs in respect of the homeowners whose properties were transferred by forgery should be determined by the High Court or Court of Appeal. CA 65/05 7 March 2007
Result
Application for leave to appeal dismissed. Costs of $2,000 to first respondent, and $2,000 to second to sixth respondents as a group, plus disbursements. 13 June 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Austin, Nichols & Co. Inc v Stichting Lodestar
Case number
SC 21/2007
Summary
Civil appeal – Trade Marks Act 1953 – whether, in hearing an appeal from the Assistant Commissioner of Trade Marks, the High Court must have deference to the Assistant Commission’s findings, only overturning a decision that can fairly be characterised as wrong – whether the Court of Appeal erred in its interpretation of its own powers under the Court of Appeal (Civil) Rules 2005 in determining the appeal from the High Court decision – whether the Court of Appeal erred by ignoring the onus on the trade mark applicant to discharge the burden of demonstrating that registration of its trade mark would not lead to a likelihood of confusion or deception. CA 94/05 12 March 2007
Result
Application for leave to appeal granted.
7 June 2007
______________________________
Appeal dismissed. Costs $7,5000 plus disbursements to the respondent.
7 June 2007
______________________________
Appeal dismissed. Costs $7,5000 plus disbursements to the respondent.
Transcripts
- Hearing date 17 October 2007 (PDF, 244 KB)
Media Releases
- PressReleaseAustinNicholsCoInc (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Z v Dental Complaints Assessment Committee
Case number
SC 22/2007
Summary
Civil – Whether the Court of Appeal erred when it concluded that in dental disciplinary proceedings, where the subject of the charge amounts to an allegation of a criminal offence, the civil standard of proof should be applied – whether the Court of Appeal erred by concluding that where the charge is a serious one there is no real distinction between the civil and criminal standards of proof – whether the Court of Appeal erred in concluding that it would not be an abuse of process for the appellant to face a disciplinary charge which repeats the criminal allegations for which he was acquitted. CA 231/05 22 March 2007
Result
Application for leave to appeal granted
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
Media Releases
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Waitara Leaseholders Association Inc v New Plymouth District Council
Case number
SC 23/2007
Summary
Civil –Whether the Court of Appeal erred in concluding that land was not held on a charitable trust and that the Council was not subject to the obligations of charitable trustees – whether the Court of Appeal erred in finding the Council was not obliged to consider the objects of the statutory trusts when deciding to seek legislation to remove trust restrictions – whether the Court of Appeal erred in finding that compliance with section 14(6) of the Trustee Act 1956 relieves a trustee from its obligation of obtaining the best price for an asset – whether the Supreme Court should grant leave to pursue a new ground, namely that the Council failed to take into account the fact that its decisions were contrary to previous promises and assurances that it had made.CA 259/05 CA 260/05 20 March 2007
Result
Application for leave to appeal dismissed with costs $2,500 to the respondent.
20 June 2007
20 June 2007
Leave judgment - leave dismissed
Case name
Aqua Technics Pool and Spa Centre New Zealand Limited v Aqua-Tech Limited
Case number
SC 24/2007
Summary
Civil – proprietorship of trade mark – Trademarks Act 1953 – Assistant Commissioner of Trade Marks declined to register “Aqua-Tech” as a trademark in relation to spa and swimming pools – decision overturned by High Court and Court of Appeal – whether the Court of Appeal erred in upholding the High Court’s finding that Aqua-Tech had established public use of the trademark. CA 257/05 22 March 2007
Result
Application for leave to appeal dismissed with Costs of $2,500 to the respondent.
9 July 2007
9 July 2007
Leave judgment - leave dismissed
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