Subscribe to the RSS feed Print this page

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
Yusuke (David) Sena v The Queen
Case number
SC 60/2018
Summary
Criminal Appeal – Criminal Procedure Act 2011, s 232(2)(b) – Judge-alone trial –Whether the High Court Judge applied the right standard of review to the applicant’s appeal against conviction.
Result
A Leave to appeal direct to this Court, against the High Court’s judgment (Sena v New Zealand Police [2017] NZHC 2319), is granted.
B The approved ground of appeal is whether the High Court was correct to dismiss Mr Sena’s appeal against conviction brought under s 232(2)(b) of the Criminal Procedure Act 2011.  
10 October 2018 
__________________________________________________________
A The appeal is allowed.
B The convictions of the appellant are quashed.
C We direct a new trial.
24 May 2019
Transcripts
Media Releases
District Court decision
Not publicly available
High Court decision
Not publicly available
Leave judgment - leave granted
YUSUKE (DAVID) SENA v NEW ZEALAND POLICE [2018] NZSC 92 [10 October 2018] (PDF, 246 KB)
Substantive judgment
YUSUKE (DAVID) SENA v NEW ZEALAND POLICE [2019] NZSC 55 [24 May 2019] (PDF, 356 KB)
Case name
F v The Queen
Case number
SC 61/2018
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.
Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.  
29 August 2018
Court of Appeal decision
Not publicly available
High Court decision
Not publicly available
District Court decision
Not publicly available
Case name
WK v Refugee Protection Officer
Case number
SC 62/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s dismissal of judicial review – Whether the Court of Appeal erred in its dismissal of the application to adduce further evidence.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
10 October 2018
High Court decision
WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 514 [23 March 2018]
Court of Appeal decision
WK v REFUGEE AND PROTECTION OFFICER [2018] NZCA 258 [17 July 2018]
Leave judgment - leave dismissed
WK v REFUGEE AND PROTECTION OFFICER [2018] NZSC 91 [10 October 2018] (PDF, 198 KB)
Case name
Christopher Joseph O'Neill v Minister of Justice and Human Rights Review Tribunal
Case number
SC 63/2018
Summary
No summary to be issued.
Result
The application for leave to appeal is dismissed.  24 August 2018
Leave judgment - leave dismissed
CHRISTOPHER JOSEPH O’NEILL v MINISTER OF JUSTICE [2018] NZSC 80 [24 August 2018] (PDF, 34 KB)
Case name
Moko Puna Tua Tahi Turner v The chief Executive of the Department of Corrections
Case number
SC 64/2018
Summary
Civil Appeal – Habeas Corpus – Whether Fitzgerald J erred in denying the applicant’s application for habeas corpus
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
3 September 2018
High Court decision
Turner v Chief Executive of the Department of Corrections [2018] NZHC 1948 [1 August 2018] 
Leave judgment - leave dismissed
MOKO PUNA TUA TAHI TURNER v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2018] NZSC 83 [3 September 2018] (PDF, 33 KB)
Case name
Karl Teangiotau Nuku v The Queen
Case number
SC 65/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the applicant’s request for a transcript of the hearing of his appeal against conviction and sentence in that Court.
Result
The application for leave to appeal is dismissed.                                      17 October 2018
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
KARL TEANGIOTAU NUKU v R [2018] NZSC 96 [17 October 2018] (PDF, 210 KB)
Case name
Douglas Craig Schmuck v Opua Coastal Preservation Incorporated and Far North District Council
Case number
SC 66/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to the interpretation of the scope of easements – Whether the Court of Appeal erred by not relying on resource consents when examining the easements at issue – Whether the Court of Appeal erred in not considering the question of indefeasibility.
Result
A The application for leave to appeal is granted (Opua Coastal Preservation Incorporated v Far North District Council [2018] NZCA 262).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 February 2019
________________________________________
A The appeal is allowed.
B The decision of the second respondent as delegate of the Minister of Conservation to consent to the challenged easements referred to at [32] of the Reasons of the Court is reinstated.
C Costs are reserved.
D Leave is reserved to the parties to apply for consequential orders if required.
29 October 2019
Transcripts
Media Releases
High Court decision
OPUA COASTAL PRESERVATION INCORPORATED v FAR NORTH DISTRICT COUNCIL [2017] NZHC 154 [14 February 2017]
Court of Appeal decision
OPUA COASTAL PRESERVATION INCORPORATED v FAR NORTH DISTRICT COUNCIL [2018] NZCA 262 [20 July 2018]
Leave judgment - leave granted
DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 7 [21 February 2019] (PDF, 181 KB)
Substantive judgment
DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 118 [29 October 2019] (PDF, 901 KB)
Supreme court decision
Cost: DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 155 [23 December 2019] (PDF, 160 KB)
Case name
Phillip John Smith v The New Zealand Parole Board
Case number
SC 67/2018
Summary
Civil Appeal – Whether Court of Appeal Judge erred in upholding a Deputy-Registrar of that Court’s decision to refuse to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.                                            16 October 2018
High Court decision
SMITH v NEW ZEALAND PAROLE BOARD [2018] NZHC 955 [7 May 2018] 
Court of Appeal decision
SMITH v NEW ZEALAND PAROLE BOARD [2018] NZCA 295 [7 August 2018]
Leave judgment - leave dismissed
PHILLIP JOHN SMITH v NEW ZEALAND PAROLE BOARD [2018] NZSC 95 [16 October 2018] (PDF, 213 KB)
Case name
Neil Raymond Swain v The Queen
Case number
SC 68/2018
Summary
Criminal Appeal – Criminal Procedure Act, s 232– Whether the Court of Appeal erred in finding there was no miscarriage of justice.
Result
The application for leave to appeal is dismissed. 9 November 2018
High Court decision
Not publicly available
Court of Appeal decision
SWAIN v R [2018] NZCA 259 [19 July 2018]
Leave judgment - leave dismissed
NEIL RAYMOND SWAIN v R [2018] NZSC 106 [9 November 2018] (PDF, 41 KB)
Case name
George Whichman v The Queen
Case number
SC 69/2018
Summary
Not publicly available 
Result
Not publicly available
Court of Appeal decision
Not publicly available
Page 86 of 250