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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
Mateo Melina Nixon v The Queen
Case number
SC 15/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s conviction appeal – Whether the applicant’ s sentence was adequately reduced.
Result
The application for leave to appeal is dismissed.
2 May 2017
Leave judgment - leave dismissed
MATEO MELINA NIXON v R [2017] NZSC 56   2 May 2017 (PDF, 84 KB)
DC judgment
THE QUEEN v NIXON [2015] NZDC 16756 not available
Judgment appealed from

 NIXON V R [2016] NZCA 589   9 December 2016
Case name
Richard Lyall Genge v Superintendent of Christchurch Men's Prison
Case number
SC 16/2017
Summary
Civil Appeal – Whether the High Court erred in failing to grant the applicant’s application for a writ of habeas corpus.
Result
The application for leave to appeal is dismissed.                                 28 March 2017
Leave judgment - leave dismissed
GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZSC 40    28 March 2017 (PDF, 127 KB)
Judgment appealed from

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼ S PRISON [2017] NZHC 20  19 January 2017
Case name
Rhys Richard (Ngahiwi) Warren v Chief Executive of the Department of Corrections
Case number
SC 17/2017
Summary
Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.
Result
The application for leave to appeal is dismissed.                               
2 March 2017
Leave judgment - leave dismissed
RHYS RICHARD (NGAHIWI) WARREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 20          2 March 2017 (PDF, 75 KB)
Judgment appealed from

RHYS RICHARD (NGAHIWI) WARREN V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 12    17 January 2017
Case name
B v ALA
Case number
SC 18/2017
Summary
Civil Appeal – Whether the Employment Court erred in its application of confidentiality provisions in a settlement agreement.
Result
A The application for an extension of time to apply for leave to appeal is granted but the application for leave is dismissed.
B The applicant must pay costs to the respondent of $2,500. 26 April 2017
Employment Court decision
ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016]
Leave judgment - leave dismissed
B (SC 18/2017) v ALA (SC 18/2017) [2017] NZSC 51  26 April 2017 (PDF, 75 KB)
Judgment appealed from

B v ALA [2016] NZCA 385 [10 August 2016]
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner
Case number
SC 19/2017
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
5 April 2017
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 45     5 April 2017 (PDF, 78 KB)
Judgment appealed from

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 2539   25 October 2016
Case name
Ram Chander Dahiya v Chief Executive of the Ministry of Business, Innovation and Employment
Case number
SC 20/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal for an extension of time.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent. 8 May 2017
High Court decision
DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1217 [8 June 2016] 
Leave judgment - leave dismissed
DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZSC 67  8 May 2017 (PDF, 78 KB)
Judgment appealed from

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZCA 546    22 November 2016
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner and Justices Elias, Young, Glazebrook, Arnold and O'Regan
Case number
SC 21/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time for consideration of an application to dispense with security for costs.
Result
The application for leave to appeal is dismissed.
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.                                    
7 July 2017
Court of Appeal decision
Rabson v Judicial Conduct Commissioner [2017] NZCA 44 (6 March 2017)
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 74 16 May 2017 (PDF, 59 KB)
Recall judgment
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 96 [23 June 2017] (PDF, 68 KB)
Additional document
MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 100 [29 June 2017 (PDF, 77 KB)
Case name
R v The Queen
Case number
SC 22/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in ordering a retrial.[2016] NZCA 341   CA634/2015 
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 retrial.  Publication in law report or law digest permitted.

20 March 2017
Leave judgment

 suppression
Judgment appealed from

 suppression
Case name
Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington
Case number
SC 23/2017
Summary
Civil Appeal – Judicial review – Whether the Court of Appeal erred in holding that the first respondent had not exercised its prosecutorial discretion unlawfully or unreasonably – Whether the dismissal of charges by the second respondent was ultra vires because the Judge hearing the matter had earlier recused herself from the proceedings.
Result
A The application for leave to appeal is granted in part (Osborne v Worksafe New Zealand [2017] NZCA 11).
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017
_______________________
A The appeal is allowed.
B A declaration is made that the decision of WorkSafe New Zealand to offer no evidence in the prosecution of Peter William Whittall was unlawful.
C Costs are reserved.  The parties may file memoranda by 31 January 2018 if an order for costs is sought.    
23 November 2017
Transcripts
Media Releases
High Court decision
OSBORNE & OR v WORKSAFE NZ & OR [2015] NZHC 2991 [27 November 2015]
Court of Appeal decision
OSBORNE & ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZCA 11 [16 February 2017]
Leave judgment - leave granted
OSBORNE AND ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 90 [19 June 2017] (PDF, 115 KB)
Substantive judgment
ANNA ELIZABETH OSBORNE AND SONYA LYNNE ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 175 [23 November 2017] (PDF, 421 KB)
Case name
AN v Bupa Care Services (New Zealand) Limited
Case number
SC 24/2017
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.
Result
A  The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs. 12 April 2017 _____ The application for recall is dismissed.
1 May 2017
Leave judgment - leave dismissed
AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 49   12 April 2017 (PDF, 139 KB)
Recall judgment
AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 52  1 May 2017 (PDF, 70 KB)
Judgment appealed from

N v BUPA CARE SERVICES (NEW ZEALAND) LTD [2017] NZHC 499  17 March 2017
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