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
Kimberley Birkenfeld v Yachting New Zealand Inc
Case number
SC 72/2006
Summary
Civil – application by respondent for decree limiting its liability – whether Court of Appeal was correct in holding that a rigid inflatable boat (under 24m in length) is a ‘ship’ for the purposes of the application of s 85 of the Maritime Transport Act 1994 – whether purpose of Limitation Convention to facilitate commercial shipping – application of the International Convention on Tonnage Measurement of Ships.CA 171/05 9 August 2006
Result
Application for leave to appeal dismissed. Costs $1,500 to respondent. 10 November 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Michael Frank Templeton v The Queen
Case number
SC 73/2006
Summary
Criminal – appeal against conviction and sentence – party to firearms offences – counsel incompetence – whether trial counsel misled or pressured applicant into not giving evidence – whether applicant fit to stand trial – whether sentence manifestly excessive. CA 460/05 6 July 2006
Result
Application for leave to appeal dismissed.
16 February 2007
16 February 2007
Court of Appeal decision
Leave judgment - leave dismissed
TEMPLETON v R SC 73/2006 [16 February 2007] (PDF, 15 KB)
Case name
Ricardo Genovese v The Queen
Case number
SC 74/2006
Summary
Criminal – appeal against conviction – allegation that applicant denied his right to representation – refusal by trial judge of adjournment to allow counsel to familiarise himself with the file – whether this amounted to breach of Bill of Rights Act – whether warrants defective in inferring applicant was legally represented – whether counsel failed to raise appeal against sentence and Bill of Rights in Court of Appeal. CA 151/02 CA 151/02 20 September 2005
Result
Application for leave to appeal dismissed.
28 November 2006
28 November 2006
Court of Appeal decision
Leave judgment - leave dismissed
GENOVESE v R SC 74/2006 [28 November 2006] (PDF, 79 KB)
Case name
Hayden Matthew Johnston & Earnscleugh Vineyard Ltd v Schist Mountain Orchards Litd
Case number
SC 75/2006
Summary
Civil – contract – interpretation of agreement for sale and purchase - whether Court of Appeal erred in determining that the agreement permitted the respondent to obtain consent for a subdivision that contained a right of way with dimensions fixed by the territorial authority and not limited to the minimum standards in the relevant District Plan and/or did not require the respondent to obtain the minimum dimensions acceptable to the territorial authority – whether Court of Appeal erred in determining the width of easement in question “of no real moment” – whether applicant able to insist on conditions that limit respondent’s use of easementCA 99/05 24 August 2006
Result
The application for leave to appeal is dismissed.
The applicants are to pay the respondent costs in the sum of $2,500 plus disbursements to be fixed if necessary by the Registrar.
The applicants are to pay the respondent costs in the sum of $2,500 plus disbursements to be fixed if necessary by the Registrar.
13 November 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Royal New Zealand Foundation of the Blind v Auckland City Council
Case number
SC 76/2006
Summary
Civil – local government – levying of rates – Local Government Act 2002, Schedule 1, Part 1, cl 5(e), Part 1 – whether relevant rating exemption does not apply to land owned by applicant for its purposes and not acquired or held as a gift but which is nevertheless let to commercial tenants – whether exemption should be construed to indicate and/or be applied in light of inferred legislative purpose that land not directly used to provide services of charitable nature should be rateable – whether the meaning of “except as an endowment” is relevant to the application of the rating exemption and informs the policy underpinning the exemption – whether anomalies arising from natural and ordinary interpretation of exemption should be left to Parliament to address (if at all).CA 171/05 29 August 2006
Result
Application for leave to appeal granted. 27 November 2006 _____________________ Appeal dismissed.
Costs to respondent $15,000 plus disbursements. 2 August 2007
Costs to respondent $15,000 plus disbursements. 2 August 2007
Leave judgment - leave granted
Substantive judgment / Media release
Transcription
Judgment appealed from
Case name
Paul Bicknell v Tauranga District Court
Case number
SC 77/2006
Summary
Criminal – appeal from decision in case stated proceeding – private prosecution by applicant for the alleged theft of dairy cattle in 1994 – whether District Court Judge erred in failing to issue warrants for the arrest of three witnesses at trial – District Court Judge found he did not have the power to issue a warrant as no Notice of Summons had been served on the witnesses under s 181(3) Summary Proceedings Act 1957 – Court staff had failed to serve notice of the hearing date on witnesses – applicant not competent to serve such a notice. CA234/05 11 September 2006
Result
The application for leave to appeal is dismissed.
8 December 2006
8 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Geoffrey Paul Affleck v The Queen
Case number
SC 78/2006
Summary
Criminal – appeal against conviction – trial conducted on basis that applicant’s wife was asleep during alleged sexual offending against daughter’s friend – wife present in Court but did not give evidence – wife gave evidence to Court of Appeal that she was awake and witnessed no offending – whether Court of Appeal erred in finding it “inconceivable” that such crucial evidence would not have been communicated to, or would have been ignored by, counsel – whether Court of Appeal erred in rejecting evidence as honest but “implausible” and in refusing to order a re-trial. CA 446/05 14 September 2006
Result
The application for leave to appeal is dismissed.
4 December 2006
4 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Richard Roberts v The Queen
Case number
SC 79/2006
Summary
Criminal appeal – appeal against conviction – whether failure by trial counsel to call evidence from applicant gave rise to a substantial miscarriage of justice – whether failure by appellate counsel to raise the above failure by trial counsel as a point of appeal gave rise to a substantial miscarriage of justice – whether the Supreme Court should entertain these grounds of appeal given they were not raised in the Court of Appeal – whether the Supreme Court should receive fresh evidence concerning these grounds of appeal. CA 446/05 14 September 2006
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
7 December 2006
7 December 2006
Case name
Murray Alexander Menzies v The Queen
Case number
SC 80/2006
Summary
Criminal – Court of Appeal’s jurisdiction – alleged application and effect of International Covenant on Civil and Political Rights in this regard – alleged power of the Court to strike down or disregard legislation. CA 144/06 13 September 2006
Result
Application for leave to appeal dismissed.
28 November 2006
28 November 2006
Court of Appeal decision
Leave judgment - leave dismissed
MENZIES v R SC 80/2006 [28 November 2006] (PDF, 62 KB)
Case name
Ross Ferguson Burns v The Queen
Case number
SC 81/2006
Summary
Criminal appeal – appeal against conviction – appellant convicted of indecent assault but acquitted of sexual violation by unlawful sexual connection – whether there is an inconsistency between the verdicts such as to give rise to a substantial miscarriage of justice – whether admission of a child complainant’s evidence that altered in the course of successive evidential interviews gives rise to a substantial miscarriage of justice. CA 55/06 12 June 2006
Result
Application for leave to appeal is dismissed.
18 December 2006
18 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
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