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
Anthony Kevin Peters v The Queen
Case number
SC 52/2006
Summary
Criminal –application to appeal directly from High Court – applicant tried jointly with co-accused after Court of Appeal allowed appeal by Solicitor-General against severance of trials – legal test to be applied by Court of Appeal in determining appeals against exercise of discretion by trial Court – whether joint trial denied applicant a fair hearing. CRI 2005 –009 – 5245 High Court Christchurch
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Case name
James Charles Morris Parlane v Waipa District Council
Case number
SC 53/2006
Summary
Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05 6 July 2006
Result
Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Patricia Lenine Mabel Walsh v The Queen
Case number
SC 54/2006
Summary
Criminal – appeal against convictions for forgery – appellant used fax machine to transmit, from overseas, copies of false documents to persons in New Zealand – whether a facsimile copy of a false document is itself a false document – Crimes Act 1961, former ss 263, 264 (ss 255, 256 as amended 2003) CA 208/05 26 June 2006
Result
Leave to appeal granted.
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
Media Releases
- patriciawalsh mediarelease (PDF, 86 KB)
Substantive judgment
WALSH v R SC 54/2006 [19 December 2006] (PDF, 202 KB)
Transcript
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Case name
Mission Bay Pharmacy Limited v Drive Holdings Limited
Case number
SC 55/2006
Summary
Civil – application for summary judgment – whether Court of Appeal erred in upholding High Court decision granting summary judgment – whether any oral agreement to lease was enforceable between the parties by virtue of s 47 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 – whether respondent had waived conditions as to time – whether a general contractual obligation of good faith exists – conduct of contractual negotiations. CA 98/05 29 June 2006
Result
Notice of Discontinuance being filed, the application for leave to appeal is dismissed. 28 August 2006
Judgment appealed from
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 56/2006
Summary
Criminal – appeal against convictions and sentence – fair trial – whether search and seizure giving rise to theft charges was illegal and unreasonable – whether District Court Judge could be satisfied beyond reasonable doubt on those charges – whether sentence of community work properly available – competence of counsel in District Court – alleged predetermination and bias in High Court – whether applicant given adequate opportunity to put his case in High Court and Court of Appeal.CRI 2005 454 22 1 July 2005
Result
Application for leave to appeal dismissed.
29 August 2006
29 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
CHATHA v R SC 56/2006 [29 August 2006] (PDF, 84 KB)
Case name
Nigel Nia Nia Wilson v The Queen
Case number
SC 57/2006
Summary
Criminal – appeal against conviction – driving with excess blood alcohol – whether discrepancy in blood test results raised issue as to whether tests were reliable – whether Court of Appeal erred in applying the proviso to s 385 of the Crimes Act 1961.CA 433/05 3 July 2006
Result
Application for leave to appeal dismissed.
2 October 2006
2 October 2006
Court of Appeal decision
Leave judgment - leave dismissed
nigelnianiawilsonvthequeen 000 (PDF, 16 KB)
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Frank Louis Miessen v The Queen
Case number
SC 59/2006
Summary
Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence – admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution. CA 222/05 6 July 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
MIESSEN V R SC 59/2006 [26 September 2006] (PDF, 15 KB)
Case name
Deo Dhatt Sharma v The Queen
Case number
SC 60/2006
Summary
Criminal – appeal against assault convictions – whether acknowledged failure of natural justice and inadequate answer to jury question on one assault count tainted verdicts on other counts – whether Court of Appeal erred in applying proviso in s 385(1) Crimes Act 1961 to dismiss appeals relating to other counts – whether Court of Appeal entitled to apply the proviso in breach of right to fair trial affirmed in s 25(a) New Zealand Bill of Rights Act 1990 – obligations of trial Judge in ensuring fair trial for unrepresented accused.
Result
Application for leave to appeal dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
SHARMA v R SC 60/2006 [2 October 2006] (PDF, 16 KB)
Case name
Yi Hua Jiao and others v Ivan Barge
Case number
SC 61/2006
Summary
Civil appeal – dispute concerning sale and purchase of commercial property – appellant found to have committed tort of inducing breach of contract and tort of an unlawful means conspiracy – whether errors of fact and/or law were made by the Court of Appeal with respect to the validity of a sale and purchase agreement.CA 236/05 19 July 2006
Result
Application for leave to appeal dismissed. Costs t0 Respondent of $2,500. Application for leave to adduce further evidence is dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
Judgment appealed from
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