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
Wayne Darren McGregor v The Queen
Case number
SC 76/2007
Summary
Criminal appeal – Sentencing Act 2002 – sentencing bands for grievous bodily harm – whether sentence imposed is manifestly excessive and wrong in principle – whether R v Taueki [2005] 3 NZLR 372 is correctly decided – in particular, whether it is correct to focus on the presence of identified aggravating features – whether Taueki has improperly led to a rise in sentencing levels over the bottom half of the range of sentences imposed for grievous bodily harm.[2007] NZCA 435 CA 320/07 10 October 2007
Result
Application for leave to appeal dismissed. 28 February 2008
Leave judgment - leave dismissed
MCGREGOR v R SC 76/2007 [28 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Carey Dean Turner v The Queen
Case number
SC 77/2007
Summary
Criminal Appeal – sexual violation – whether evidence given by the complainant was incorrectly admitted – whether the evidence was recent complaint evidence – whether the trial Judge should have given a direction to the jury about recent complaint evidence – whether the trial judge erred by giving incorrect directions to the jury about the status of a video statement made out of Court by the accused - whether this direction by the trial judge undermined the tripartite direction given about the way the jury ought to consider evidence given by the accused at trial – whether the Court of Appeal erred by dismissing the appellants appeal to that Court.[2007] NZCA 437 CA 181/07 1 October 2007
Result
Application for leave to appeal dismissed. 5 March 2008
Leave judgment - leave dismissed
TURNER v R SC 77/2007 [5 March 2008] (PDF, 22 KB)
Judgment appealed from
Case name
W v The Queen
Case number
SC 78/2007
Summary
Criminal – appeal against conviction – sexual offending against daughter – alleged errors in interventions, directions and summing-up by trial Judge, circumstances of recall of expert witness by Crown after closing addresses, and conduct of defence counsel – whether various alleged trial errors, individually or collectively, may have given rise to a substantial miscarriage of justice.[2007] NZCA 34 CA 222/06 1 March 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
W V R SC 78/2007 [15 April 2008] (PDF, 18 KB)
Judgment appealed from
Case name
Terrence Austin McFarland v The Queen
Case number
SC 79/2007
Summary
Criminal – appeal against conviction for maiming with intent to cause grievous bodily harm – applicant was unrepresented at trial – amicus curiae appointed without prior notice to the applicant, in his absence, and without his consent – whether the amicus made a substantial error in failing to advise the applicant against calling evidence from the former co-accused – whether the trial Judge erred by misdirecting the jury on the standard of proof and failing to provide directions on the cross-examination and the submissions made to the jury by crown counsel.[2007] NZCA 449 CA 385/06 18 October 2007
Result
Application for leave to appeal dismissed. 5 March 2008
Leave judgment - leave dismissed
MCFARLAND v R SC 79/2007 [5 March 2008] (PDF, 19 KB)
Judgment appealed from
Case name
Rebecca Katszi Li v The Queen
Case number
SC 80/2007
Summary
Criminal – appeal against conviction and sentence – applicant convicted on multiple counts of forgery under s 256(1) of the Crimes Act 1961 – seeking order quashing convictions under s 256(1) and substituting new convictions under s 256(2) – seeking order quashing sentence and imposing a sentence commensurate with convictions under s 256(2) – whether Court of Appeal erred in its interpretation of s 256 of the Crimes Act.[2007] NZCA 403 CA 449/06 10 September 2007
Result
Application for leave to appeal granted.
18 March 2008
____________________
The appeal is dismissed.
19 December 2008
18 March 2008
____________________
The appeal is dismissed.
19 December 2008
Media Releases
- sc 80 2007 rebecca katszi li v rpress release (PDF, 87 KB)
Leave judgment - leave granted
LI v R SC 80/2007 [18 March 2008] (PDF, 12 KB)
Substantive judgment
LI v R SC 80/2007 [19 December 2008] (PDF, 108 KB)
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Bronwyn Estate Limited, Barry’s Car Sales, Patrick Antony Darby v Gareth Russel Hoole and Kevin David Pitfield as receivers of Hillcrest Services Limited (in receivership) and Hillcrest Services Limited
Case number
SC 81/2007
Summary
Civil appeal – costs awarded against applicants for Anton Pillar application – applicants appealed against cost award – whether the Court of Appeal was correct to refuse to dispense with security for costs – whether this decision denies the applicants access to justice by preventing them from continuing with their appeal. CA 133/07 1 November 2007
Result
Application for leave to appeal dismissed . Costs $1,500 to the respondents. 8 February 2008
Leave judgment - leave dismissed
Case name
Lionel Andrew West v The Official Assignee
Case number
SC 82/2007
Summary
Civil appeal – disposal of applicant’s beneficial interest in property on insolvency – whether the Official Assignee was prevented from selling the applicant’s interest in the trust property when the applicant had been discharged from bankruptcy – whether the Official Assignee was free to choose which property comprised the applicant’s 1/3 share in the trust property –whether the Court of Appeal applied Cameron v Official Assignee (1987) 9 NZTC 6,187 correctly – whether the Official Assignee’s mistaken belief that he replaced the applicant as trustee of the property formed a cause of action in negligence - whether all debts owed by the applicant had been paid and whether this fact affected the ability of the Official Assignee to sell the property interest – whether the Court of Appeal should have allowed the applicant to introduce new evidence – whether the Magna Carta prevented the Official Assignee from disposing of the applicant’s property interest. [2007] NZCA 523 CA 53/06 20 November 2007
Result
Application for leave to appeal dismissed. Costs of $1500 to the respondent. 11 March 2008
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Miles Davies v New Zealand Police
Case number
SC 83/2007
Summary
Criminal – appeal against Court of Appeal’s decision to confirm award of reparation to a victim for loss of earnings to the extent (20%) it is not compensable under the Injury Prevention, Rehabilitation and Compensation Act 2001 (IPRC Act) – whether sentences of reparation can be characterised as proceedings for damages brought by the victim independently of the IPRC Act (prohibited by s 317(1) of that Act) – whether s 32(5) Sentencing Act 2002 prohibits the ‘topping-up’ of IPRC Act entitlements by sentences of reparation.[2007] NZCA 484 CA 101/07 2 November 2007
Result
Application for leave to appeal granted.
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
Media Releases
- sc 83 2007 davies v new zealand police press release (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
DAVIES v NEW ZEALAND POLICE SC 83/2007 [25 May 2009] (PDF, 107 KB)
Substantive judgment /Media release
Transcript
Judgment appealed from
Case name
Minister of Fisheries and The Chief Executive of the Ministry of Fisheries v Antons Trawling Limited, Esperance Fishing Co Limited and Orneagan Developments Limited
Case number
SC 84/2007
Summary
Summary Civil – appeal from a Court of Appeal decision which granted interim relief to the Respondents against a decision, of the Minister of Fisheries, to reduce the Total Allowable Catch/Total Allowable Commercial Catch for an Orange Roughy fish stock – Applicant claims that the Court of Appeal erred in law, by failing to follow the test in Carlton & United Breweries v Minister of Customs [1986] 1 NZLR 423 when determining the scope of the remedy under s 8 Judicature Amendment Act 1972 and the approach to be adopted – Applicant also claims that the Court of Appeal erred by granting interim relief in the absence of evidence, and by determining that any level of likely monetary loss was sufficient to meet the test of necessity. Application made for urgent hearing, given the practical consequences of the decision for the Orange Roughy population and the potentially wide-ranging effects of the decision on appeal. [2007] NZCA 512 CA 101/07 19 November 2007
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents jointly. 6 December 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Steelbro New Zealand Ltd v Tidd Ross Todd Ltd Summary Civil – Copyright Act 1994 – High Court found applicant had infringed copyright in plaintiff’ s sideloading container trailer – decision upheld by Court of Appeal – whether Court of Appeal failed to
Case number
SC 85/2007
Summary
[2007] NZCA 486 CA 7/06 2 November 2007
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed. 21 February 2008
Judgment appealed from
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