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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Georgina Kain, George Harry Couper Kain, George Charles Kain, George Thomas Carlton Kain and George Michael Kain and others v Jonathan Rhodes Hutton and others
Case number
SC 40/2007
Summary
Civil – dispute between family members over administration of a number of trusts – whether Court of Appeal erred in finding that resettlement of trust assets was valid – validity of exercise of power of appointment – power of advancement – s 41(c) of Trustee Act 1956 – whether appointment and settlement of shares was valid and not a fraud on the power – whether Court of Appeal erred in refusing to order the Second and Third Respondents to account to the trusts for profits made on the purchase of two farms – whether Court of Appeal erred in not finding a serious breach of trust – whether Court of Appeal erred in finding a particular part of consent order to be valid – interests of grandchildren – s 64A of Trustee Act 1956.CA 237/03, CA 271/04, CA 4/05 22 May 2007
Result
Leave to appeal granted.
20 November 2007
20 November 2007
Transcripts
- Hearing date 19 November 2007 SC 40/2007 (PDF, 128 KB)
- Hearing date 10 June 2008 SC 40/2007 (PDF, 281 KB)
Media Releases
- MR [2008] NZSC 61 (PDF, 88 KB)
Leave judgment - leave granted
Substantive judgment
KAIN AND ORS v HUTTON AND ORS SC 40/2007 [7 August 2008] (PDF, 113 KB)
Judgment appealed from
Case name
Jason Glen Vincent v The Queen
Case number
SC 41/2007
Summary
Criminal appeal – whether trial lawyer erred in not disclosing, so as not to prejudice jury against appellant, appellant’s previous offending that may be relevant to appellant’s defence of self-defence – whether prosecution’s reference to appellant’s tough reputation had unfairly prejudiced jury against appellant – whether preventive detention justified in circumstances.CA 3/07 CA 481/06 13 June 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
VINCENT v R SC 41/2007 [21 August 2007] (PDF, 62 KB)
Judgment appealed from
Case name
KMA v Secretary for Justice
Case number
SC 42/2007
Summary
Civil Appeal – Hague Convention – leap frog appeal against a High Court decision following a Court of Appeal decision refusing leave – whether the High Court erred by upholding a Family Court’s decision ordering two of the applicant’s children be returned to Australia under the Hague Convention – whether the High Court erred by refusing to consider a submission that the respondent acquiesced by taking no steps in relation to the application for four and a half months - application for stay of execution – application to adduce new evidence regarding the financial position of the parties and allegations that the respondent sexually abused another childCA 159/07 5 June 2007; CIv 2006 409 2482 16 March 2007
Result
Application for leave to appeal dismissed.
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Leave judgment - leave dismissed
Additional document
Case name
Ben Nevis Forestry Ventures Limited, Bristol Forestry Ventures Limited, Clive Richard Bradbury, Greenmass Limited, Gregory Alan Peebles and Estate of the Late Kenneth John Laird v Commissioner of Inland Revenue
Case number
SC 43/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- MR [2008] NZSC 115 (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Judgment appealed from
Transcript
Hearing date : 8 February 2008
Hearing date : 23 – 27 June 2008
Elias CJ, Tipping, McGrath Gault, Anderson JJ
Substantive judgment / Media release
Case name
Accent Management Limited, Lexington Resources Limited, and Redcliffe Forestry Ventures Limited v Commissioner of Inland Revenue
Case number
SC 44/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- MR [2008] NZSC 115 (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Substantive judgment /Media release
Transcript
Hearing date : 8 February 2008
Hearing date : 8 – 10 July 2008
Elias CJ, Blanchard, Tipping, McGrath , Anderson JJ
Judgment appealed from
Case name
Robert Frank Terry v The Queen
Case number
SC 45/2007
Summary
Criminal – appeal against conviction and sentence – whether Court of Appeal erred in dismissing appeal – whether Court of Appeal failed to uphold the New Zealand Bill of Rights Act 1990 – whether a substantial miscarriage of justice may have occurred.CA 378/06 26 June 2007
Result
Leave to appeal dismissed.
31 August 2007
31 August 2007
Leave judgment - leave dismissed
TERRY v R SC 45/2007 [31 August 2007] (PDF, 15 KB)
Judgment appealed from
Case name
Ch’elle Properties (NZ) Limited v Commissioner of Inland Revenue
Case number
SC 46/2007
Summary
Summary Civil appeal – Goods and Services Tax Act 1985 – whether s 76 constitutes an objective or subjective test – whether there can be tax avoidance where there is no tax advantage.CA 126/04 25 June 2007
Result
Application for leave to appeal dismissed. 6 September 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Neville Gibson v Minter Ellison Rudd Wattts
Case number
SC 47/2007
Summary
Civil Appeal – whether the appellant should be permitted to place Specialist Legal Aid Advisor reports and Legal Services Agency internal documents before the Court of Appeal – whether the appellant should be permitted to amend his grounds of appeal in the Court of AppealCA 202/05 CA 33/06 20 June 2007
Result
Application for leave to appeal is dismissed.
Costs to respondent $2,500 plus reasonable disbursements.
Costs to respondent $2,500 plus reasonable disbursements.
Leave judgment - leave dismissed
Judgment appealed from
Case name
George Socrates Mamfredos and others v Herbert Equities Limited
Case number
SC 48/2007
Summary
Civil – principles applicable to lodging of caveats – whether, in the circumstances, the applicants (against whom caveat applications were brought) bore and failed to discharge an evidential onus – whether the Court of Appeal erred in fact and law, took irrelevant matters into account or failed to have regard to relevant pieces of evidence in overturning in part the High Court’s decision to dismiss the respondent’s caveat applications.CA 147/06 6 July 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tumu Te Heuheu v Attorney – General and others
Case number
SC 49/2007
Summary
Civil – Treaty of Waitangi – Crown Forest Assets Act 1989 – Te Pumautanga o Te Arawa Settlement Deed, Part 12 – Settlement Deed aimed to settle historical breaches of Treaty in respect of 11 iwi or hapu affiliated with Te Arawa – Settlement Deed would be made unconditional by proposed legislation – Applicants sought declaration that Settlement Deed was in breach of Crown Forest Assets Act 1989, the agreements predating that Act, and the Crown’s fiduciary duties under the Treaty – High Court and Court of Appeal dismissed the claims. Whether the issues are justiciable – whether the agreement predating the 1989 Act (“the July 1989 Agreement” ) was a political compact and therefore unenforceable – whether Crown conduct is or was inconsistent with the July 1989 Agreement – the nature of the Crown’s fiduciary duty to Mäori under the Treaty and the July 1989 Agreement. CA 241/07; CA 247/07 2 July 2007
Leave judgment - leave granted
Result
Application for leave to appeal granted.
8 November 2007
______________________
Appeal withdrawn. No orders as to costs.
4 November 2008
Judgment appealed from
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