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
Jeffrey George Lopas and Lorraine Elizabeth McHerron v The Commissioner of Inland Revenue
Case number
SC 2/2006
Summary
Civil - tax - whether "the amount specified for the purposes of s 51(1)" in the Goods and Services Tax Act 1986, s 52(1) refers only to the monetary sum specified in s 51(1)(a) or to s 51(1) as a whole (including the exclusions in paras (c) and (d)) - whether the Commissioner of Inland Revenue can advance submissions contrary to propositions of law contained in the Commissioner's Statement of Position. CA 253/04 30 November 2005
Result
Application for leave to appeal dismissed. Costs to respondent $1,500.00.
2 August 2006
2 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Ellerslie Park Holdings Limited v The Attorney-General
Case number
SC 3/2006
Summary
Civil - appeal against judgment of Court of Appeal striking out all causes of action against A-G - "leaky building syndrome"; - strike out principles as applied to public law negligence contexts - approach to imposition of a duty of care - whether there is a tenable cause of action that the respondent owed a duty of care to the appellant not to approve untreated kiln-dried timber for use in framing - whether the Court of Appeal erred in striking out all causes of action against the A-G. CA 30/05 30 November 2005
Result
Leave to appeal refused. 20 June 2006
Leave judgment - leave dismissed
Transcript
Case name
Joseph Junior Sipa v The Queen
Case number
SC 4/2006
Summary
Criminal law - appeal from Court of Appeal decision on Solicitor-General appeal against sentence for injuring with intent to injure - whether Court of Appeal erred in allowing appeals by Solicitor-General and substituting a sentence of three and a half years' imprisonment - approach when accused relies on sentencing indication given to co-offender - appellant entered guilty plea on the basis of sentencing indication given to his co-offender (his de facto partner) - whether the Court of Appeal should have remitted the case to the District Court for re-sentencing in light of its decision in R v Edwards . CA 390/05 7 December 2005
Result
Leave to Appeal granted.
28 March 2006
____________________________
Appeal dismissed.
20 July 2006
28 March 2006
____________________________
Appeal dismissed.
20 July 2006
Leave judgment - leave granted
SIPA And Anor V R SC 4/2006 [28 March 2006] (PDF, 14 KB)
Judgment appealed from
Substantive judgment
Transcript
Case name
Tess Jean Edwards v The Queen
Case number
SC 5/2006
Summary
Criminal law - appeal from Court of Appeal decision on Solicitor-General appeal against sentence for injuring with intent to injure - whether Court of Appeal erred in refusing to vacate guilty plea - whether Court of Appeal erred in allowing appeals by Solicitor-General and substituting a sentence of three and a half years' imprisonment - whether the Court of Appeal should have remitted the case to the District Court to allow the appellant to reconsider her guilty plea in light of its decision that the sentencing Judge misinformed himself in light of the Court of Appeal's decision in Taueki . CA 390/05 7 December 2005
Result
Leave to Appeal granted.
28 March 2006
_________________
20 July 2006.
Appeal dismissed.
28 March 2006
_________________
20 July 2006.
Appeal dismissed.
Judgment appealed from
Leave judgment - leave granted
Substantive judgment
Case name
Taunoa and Others v Attorney-General and Another
Case number
SC 6/2006
Summary
Civil - prisoners claims for compensation for mistreatment by the Department of Corrections - whether Department breached the First, Second and Fourth appellants' rights not to be subjected to cruel, degrading, or disproportionately severe treatment or punishment under New Zealand Bill of Rights Act 1990 (" NZBORA"), s 9 - whether Department breached the appellants' right to natural justice under NZBORA, s 27(1) - whether the Department breached the appellants' equivalent rights under the International Covenant on Civil and Political Rights ("ICCPR") and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT") - whether Attorney-General's failure to hold a prompt and impartial investigation of the complaints breached NZBORA, s 9 or CAT or ICCPR - whether Standard Minimum Rules for the Treatment of Prisoners 1955 form part of customary international law - whether Prisoners' and Victims' Claims Act 2005 is inconsistent with NZBORA ss 9, 23(5), 27(1); CAT arts 2, 14, 16; ICCPR arts 10(1), 14, 26 - whether Victims' Special Claims Tribunal is independent and impartial or breaches the principles of separation of powers and equality before the law. CA 82/04 8 December 2005
Result
Leave to Appeal granted.
12 April 2006
_________________________
The appeals are dismissed.
The cross-appeals are allowed to the following extent:
1. The damages awarded to Mr Taunoa are reduced to $35,000.
2. The damages awarded to Mr Robinson are reduced to $20,000.
3. The damages awarded to Mr Kidman are reduced to $4,000.
The cross-appeal in relation to Mr Gunbie is dismissed.
Costs are reserved.
31 August 2007
Leave judgment - leave granted
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Martin Charles Cox v The Queen
Case number
SC 7/2006
Summary
Criminal law - appeal against conviction for assault with intent to commit sexual violation and sexual violation - whether the conduct of the Crown at trial justified the ordering of a new trial - whether the direction to the jury would have left the jury in doubt as to the burden of proof - misdirection on the core issue - approach to questioning in cross-examination that tends to breach solicitor/client privilege - prior consistent statement evidence. CA 240/05 7 December 2005
Result
Leave to Appeal dismissed.
31 March 2006
31 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
COX V R SC 7/2006 [31 March 2006] (PDF, 18 KB)
Case name
Emelysifa Jessop v The Queen
Case number
SC 8/2006
Summary
Criminal - appeal against conviction and sentence for aggravated robbery - whether Court of Appeal was unlawfully constituted contrary to New Zealand Bill of Rights Act 1990 ("NZBORA"), ss 25(a), 25(h); International Covenant on Civil and Political Rights ("ICCPR"), arts 14, 26; Judicature Act 1908, ss 9A, 58, 58G - whether undue trial or appellate delay contrary to NZBORA, s 25; ICCPR art 14 - whether failure to consider rights of the child pursuant to NZBORA, s 25(i); United Nations Convention on the Rights of the Child - admissibility of identification parade and video interview evidence - whether case should have been re-committed to High Court - whether trial judge biased - effect of principle of equality of arms - adequacy of trial judge's summing up - whether sentence manifestly excessive . CA 13/00 19 December 2005.
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
JESSOP V R SC 8/2006 [27 March 2006] (PDF, 18 KB)
Additional document
Case name
Jocelyn Mary Imms v Craig Wesley Gunson and others
Case number
SC 9/2006
Summary
Civil - Family Protection Act - application for directions in the High Court - scope of s 64 of the Trustee Act 1956 - will containing option to purchase shares in company that owned a farm - trustees' proposal to subdivide land. CA 55/05 13 December 2005
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Leave judgment - leave dismissed
Case name
Alan John Shirley v Wairarapa District Health Board
Case number
SC 10/2006
Summary
Civil - costs - defendant in negligence proceedings persuaded plaintiff to join second defendant - plaintiff discontinued proceedings against first defendant after accepting settlement offer - second defendant successfully defended claim in full hearing - whether second defendant entitled to costs against first defendant. CA 43/05 7 December 2005
Result
Leave to Appeal granted.
21 March 2006
_______________________________
Appeal dismissed. Costs to respondent $15,000 plus disbursements.
23 August 2006
21 March 2006
_______________________________
Appeal dismissed. Costs to respondent $15,000 plus disbursements.
23 August 2006
Leave judgment - leave granted
Judgment appealed from
Transcript
Leave judgment - leave granted
Substantive judgment / Media release
Case name
Alwyn Keith Caie v The Atttorney-General and The New Zealand Police
Case number
SC 11/2006
Summary
Civil - appeal against decision of Court of Appeal dismissing appellant's appeal against decision of the High Court in which appellant succeeded - application for rehearing - approach to appeal by successful party in the Court below - appeal against reasoning but not findings themselves - whether Court of Appeal erred in restricting the presentation of arguments by the appellant to justiciable issues. CA 108/01 22 December 2005
Result
Leave to Appeal dismissed.
10 March 2006
10 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
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