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
Tūpuna Maunga o Tāmaki Makaurau Authority v Averil Rosemary Norman, Warwick Bruce Norman and Auckland City Council
Case number
SC 30/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the first respondents costs of $2,500.
27 June 2022
B The applicant must pay the first respondents costs of $2,500.
27 June 2022
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Anaru Morgan v The Queen
Case number
SC 31/2022
Summary
Civil / Criminal Appeal - Application for leave to bring an appeal
Result
A notice of abandonment having been filed, the application for leave to appeal is deemed to be dismissed.
22 April 2022
22 April 2022
High Court decision
Supreme court decision
ANARU MORGAN v R [2022] NZSC 49 [12 April 2022] (PDF, 136 KB)
Case name
Jason Brendon Philip v The King
Case number
SC 32/2022
Summary
Criminal Appeal
Result
A The appeal against sentence is allowed. The sentence of two years and 11 months’ imprisonment is quashed and a sentence of one year and seven months is substituted.
B The standard conditions under s 14(1) of the Parole Act 2002 apply but expire on the sentence expiry date.
16 December 2022
B The standard conditions under s 14(1) of the Parole Act 2002 apply but expire on the sentence expiry date.
16 December 2022
Date of hearing
08 September 2022
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Submissions from counsel
- Hearing date 8 September 2022 Appellant submissions (PDF, 2.4 MB)
- Hearing date 8 September 2022 Respondent submissions (PDF, 1.1 MB)
Transcripts
- Hearing date 8 September 2022 PHILIP Jason Brendon v R (PDF, 432 KB)
Media Releases
- MR [2022] NZSC 149 (PDF, 264 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
JASON BRENDON PHILIP v R [2022] NZSC 88 [20 July 2022] (PDF, 177 KB)
Substantive judgment
Case name
Christine Marama Cowan and Te Rahui Cowan v John Arthur Cowan and Kurt Thomas Gibbons
Case number
SC 33/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal against the first Court of Appeal judgment is dismissed.
B Costs are reserved.
6 May 2022
B Costs are reserved.
6 May 2022
High Court decision
Court of Appeal decision
Not publicly available
Case name
Chien-Hui Wu v Commissioner of Police
Case number
SC 34/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A notice of abandonment having been filed, the application for leave to appeal is deemed to be dismissed. 31 August 2022
High Court decision
Court of Appeal decision
Case name
David Owen Lyttle v The Queen
Case number
SC 35/2022
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
4 July 2022
4 July 2022
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
DAVID OWEN LYTTLE v R [2022] NZSC 83 [4 July 2022] (PDF, 172 KB)
Case name
Barry Bai and Caoping Ding v Thomas Edmund William James and Iain McLennan, Keaton Pronk and McDonald Vague Limited
Case number
SC 36/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for recall of this Court’s judgment of 25 March 2022 (Ding v James [2022] NZSC 28) is dismissed.
B The application for leave to appeal in SC 36/2022 is dismissed.
C There is no order as to costs.
11 May 2022
B The application for leave to appeal in SC 36/2022 is dismissed.
C There is no order as to costs.
11 May 2022
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Tanya Felicity Dunstan v The Attorney-General
Case number
SC 37/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $500.
21 September 2022
________________________________________
A The application for recall of this Court’s judgment of 21 September 2022 (Dunstan v Attorney-General [2022] NZSC 111) is dismissed.
B The applicant must pay the respondent costs of $1,500.
21 April 2023
B The applicant must pay the respondent costs of $500.
21 September 2022
________________________________________
A The application for recall of this Court’s judgment of 21 September 2022 (Dunstan v Attorney-General [2022] NZSC 111) is dismissed.
B The applicant must pay the respondent costs of $1,500.
21 April 2023
Leave judgment - leave dismissed
Recall judgment
Case name
Kaine Van Hemert v The King
Case number
SC 38/2022
Summary
Criminal Appeal
Result
A The applications for an extension of time to apply for leave to appeal against the decision of the Court of Appeal (R v Van Hemert [2021] NZCA 261) [the Court of Appeal judgment] and the decision of the High Court (R v Van Hemert [2021] NZHC 2877) resentencing Mr Van Hemert [the resentencing judgment] are granted.
B Leave to appeal against the Court of Appeal judgment and the resentencing judgment is granted.
C The approved question is whether the Court of Appeal was correct to conclude that the presumption in favour of life imprisonment in s 102 of the Sentencing Act 2002 was not displaced given the circumstances of the offence and of the applicant.
3 August 2022
___________________________________________________________________________________________________________________________
A The appeal against sentence is allowed.
B The minimum period of imprisonment of 11 years and six months is quashed and a minimum period of imprisonment of 10 years is substituted.
31 August 2023
B Leave to appeal against the Court of Appeal judgment and the resentencing judgment is granted.
C The approved question is whether the Court of Appeal was correct to conclude that the presumption in favour of life imprisonment in s 102 of the Sentencing Act 2002 was not displaced given the circumstances of the offence and of the applicant.
3 August 2022
___________________________________________________________________________________________________________________________
A The appeal against sentence is allowed.
B The minimum period of imprisonment of 11 years and six months is quashed and a minimum period of imprisonment of 10 years is substituted.
31 August 2023
Date of hearing
18 November 2022
Judges
Glazebrook, O’Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing date 18 November 2022 Appellants submissions (PDF, 478 KB)
- Hearing date 18 November 2022 Respondents submissions (PDF, 501 KB)
- Hearing date 18 November 2022 Intervener Criminal Bar Association submissions (PDF, 445 KB)
- Hearing date 18 November 2022 Intervener Defence Lawyers Association submissions (PDF, 208 KB)
Transcripts
- Hearing date 18 November 2022 Transcript (PDF, 586 KB)
Case Synopses
- Hearing date 18 November Van Hemert v The King (PDF, 472 KB)
Media Releases
- MR [2023] NZSC 116 (PDF, 307 KB)
High Court decision
Leave judgment - leave granted
KAINE VAN HEMERT v R [2022] NZSC 94 [3 August 2022] (PDF, 191 KB)
Substantive judgment
KAINE VAN HEMERT v R [2023] NZSC 116 [31 August 2023] (PDF, 471 KB)
Case name
Vin Tomar v Monika Tomar
Case number
SC 39/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
4 July 2022
B The applicant must pay the respondent costs of $2,500.
4 July 2022
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
VIN TOMAR v MONIKA TOMAR [2022] NZSC 84 [4 July 2022] (PDF, 177 KB)
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