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
Geoffrey Charles Dury and others v Palmerston North City Council and others
Case number
SC 91/2007
Summary
Civil appeal – Resource Management Act 1991 – application by third respondent (an orthodontist) for consent to use a dwelling in a residential area for a non-residential purpose – proposal failed to comply with conditions of District Plan and required a restricted discretionary resource consent, which Council granted without requiring notification – High Court quashed Council’s consent – Court of Appeal overturned High Court decision and restored resource consent – in the meantime, third respondent had applied for and been granted a second resource consent, subject to more restrictive conditions than the first – whether second consent replaced first consent in toto in accordance with Sutton v Moule (1992) 2 NZRMA 41 – whether third respondent may be deemed to have abandoned first consent by making and proceeding with second application and complying with its conditions – alternatively, whether the two consents coexist and third respondent must comply with the conditions of both – whether the consent that is later in time should prevail – whether the Court of Appeal was correct in holding that it had no discretion as to the available remedy – whether the Court of Appeal correctly applied the principles of the Discount Brands case ([2005] 2 NZLR 597) in relation to dispensing with public notification – application for stay of execution of Court of Appeal’s costs orders.[2007] NZCA 521 CA 198/06 CA 211/06 20 November 2007
Result
The application for leave to appeal is dismissed with costs of $1,000 to the first respondent and $1,000 jointly to the second and third respondents.
1 April 2008
1 April 2008
Leave judgment - leave dismissed
Judgment appealed from
Case name
Colin Todd Parker v The Queen
Case number
SC 92/2007
Summary
Criminal – appeal against conviction of indecently assaulting a girl under 12 years – whether the Court of Appeal erred by holding that the fact the defence had not produced evidence of a motive for the complainant to give false evidence was relevant to the jury’s assessment of her credibility – whether the trial judge’s summing up conformed with R v T [1998] 2 NZLR 257 - whether R v T should represent the law in New Zealand insofar as it allows juries to regard a complainant’s evidence as more likely to be true where the defence has not offered any evidence for why the defendant might lie – whether R v T reverses the onus of proof in breach of sections 25(c) and (d) of the New Zealand Bill of Rights Act 1990. [2007] NZCA 534 CA 479/07 CA 572/07 CA 211/06 22 November 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
PARKER v R SC 92/2007 [15 April 2008] (PDF, 20 KB)
Case name
Vince and Jane Siemer and Paragon Services Limited v Kate Fardell, Executrix for Robert Fardell
Case number
SC 93/2007
Summary
Summary Civil – interlocutory – applicants seeking trial by jury in proceedings for negligence and breach of fiduciary duty – whether Court of Appeal erred in confirming decision of High Court to grant respondent’ s application for an order that the trial be held before a Judge alone – applicability of s 19A(5)(a) and/or (b) Judicature Act 1908 – applicants alleging conflicts of interest on part of High Court and Court of Appeal Judges.[2007] NZCA 530 CA 171/07 22 November 2007
Result
Application for leave to appeal dismissed. Costs $1500 to respondent. 28 February 2008
Leave judgment - leave dismissed
Case name
Greenpeace New Zealand Incorporated v Genesis Power Limited
Case number
SC 94/2007
Summary
Summary Civil – interpretation of ss 70A and 104E of the Resource Management Act 1991 – under those sections, consent authorities are prohibited from having regard to the effects of greenhouse gas discharges on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either in absolute terms or relative to non-renewable energy – whether Court of Appeal was wrong to hold that the exception only applies to renewable energy applications – whether the Court of Appeal erred in its decision to exercise its jurisdiction to grant declaratory relief.[2007] NZCA 569 CA 372/07 11 December 2007
Result
Application for leave to appeal granted.
11 February 2008
_________________
Appeal dismissed.
19 December 2008
11 February 2008
_________________
Appeal dismissed.
19 December 2008
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Genesis Power Ltd v Greenpeace New Zealand Inc [2007] NZCA 569 (11 December 2007)
Transcription
Hearing date : 28 May 2008
Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ
Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ
Case name
Ross Alexander Williams v The Queen
Case number
SC 1/2006
Summary
Criminal law - appeal against conviction for selling and cultivation of cannabis- whether Court of Appeal erred in refusing to admit new evidence -whether Court of Appeal erred in finding the new evidence was not fresh- failure of counsel on appeal to follow instructions to call trial counsel to give evidence relating to preparation for trial misconduct of trial counsel - failure of counsel on appeal to argue that convictions lack evidentiary basis - whether trial Judge erred in admitting evidence obtained via an unlawful search. CA 63/05 9 December 2005.
Result
Leave to appeal dismissed.
24 May 2006
24 May 2006
Court of Appeal decision
Leave judgment - leave dismissed
WILLIAMS V R SC 1/2006 [24 May 2006] (PDF, 23 KB)
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
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