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.
27 September 2024
Case information summary 2024 (as at 27 September 2024) – Cases where leave granted (127 KB)
Case information summary 2024 (as at 27 September 2024) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
William Patrick Jeffries v The Privacy Commissioner
Case number
SC 42/2009
Summary
Civil – Judicial Review – Whether the Court of Appeal erred in holding that a barrister may not invoke the privilege of general immunity against civil liability in respect of his participation in court proceedings against the Privacy Commissioner in relation to the barrister’s preparation and conduct of court proceedings and thereafter – Whether the Court of Appeal was wrong to find that a barrister conducting litigation before a court comes within the definition of “agency” in s 2 of the Privacy Act 1993 – Whether the Court of Appeal erred in finding that “any person” in s 91(4) of the Act includes persons who are not “agencies” pursuant to s 2 of the Act – Whether the Court of Appeal was wrong to find that the Privacy Commissioner’s failure to abide her notice obligations under ss 70 and 73 of the Act was understandable and not a relevant consideration in assessing her decision-makingCIV 2006 – 485-860 22 May 2008
Result
Application for leave to appeal refused. Costs $2,500 plus disbursements to the respondent. 3 June 2009
Leave judgment - leave dismissed
Case name
Peter David Buddle v The Queen
Case number
SC 43/2009
Summary
Criminal – Appeal against conviction – Crimes Act 1961 – Sexual offending – Criminal procedure – Exercise of s 374 discretion to discharge jury without their giving of a verdict – Whether trial Judge had authority to discharge jury at first trial on “a hung jury aspect” – Whether second trial a nullity in respect of all charges – Whether miscarriage of justice established.[2009] NZCA 184 CA 416/2008 14 May 2009
Result
Application for leave to appeal granted.
22 June 2009
22 June 2009
Media Releases
Leave judgment - leave granted
BUDDLE v R SC 43/2009 [22 June 2009] (PDF, 9 KB)
Substantive judgment
BUDDLE v R SC 43/2009 [26 November 2009] (PDF, 132 KB)
Result
Appeal allowed, Convictions set aside. New Trial ordered on three counts.
26 November 2009
Hearing
13 August 2009
Case name
Alex Kwong Wong v The Queen
Case number
SC 44/2009
Summary
Criminal appeal – appeal against refusal to grant bail pending appeal – whether the Court of Appeal erred in law by applying the wrong test – whether the Court of Appeal erred in law by applying too rigid or too high a standard – whether the Court of Appeal failed properly to apply the correct statutory factors set out in ss 8 and 14 of the Bail Act 2000 – whether the Court of Appeal failed to take into account or accord due weight to the substantial miscarriage of justice allegedly suffered by the appellant[2009] NZCA 202 CA 190/2009 21 May 2009
Result
Application for leave to appeal dismissed.
16 June 2009
16 June 2009
Leave judgment - leave dismissed
WONG V R SC 44/2009 16 June 2009 (PDF, 11 KB)
Case name
Bhikubhai Patel v The Queen
Case number
SC 45/2009
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal were wrong to find that tape recordings, which were not the originals, were nevertheless admissible – whether the Court of Appeal erred in finding that it was not necessary to expressly warn the jury about the dangers of inferring intent from the literal meaning of words spoken in a foreign language – whether police practices and procedures were proper in this case[2009] NZCA 159 CA 190/2007 30 April 2009
Result
Application for leave to appeal dismissed. 5 February 2009
Leave judgment - leave dismissed
PATEL V R SC 45/2009 5 February 2010 (PDF, 38 KB)
Case name
Cashmere Capital Limited v Patrick Kevin Carroll and others
Case number
SC 46/2009
Summary
Civil – Retirement Villages Act 2003 – retrospective operation of the Act – the Court of Appeal held that when there has been an Order in Council under s 103, the Registrar-General must note on the certificate of title to the land comprising the village that it is subject to s 22 of the Act, and that the expressed intention of Parliament was that the Act should operate retrospectively to 31 December 2002 – whether the Court of Appeal erred in its interpretation of ss 103 and 21 of the Act - whether the Court of Appeal erred in finding that if the Registrar-General has registered Crossdale Village under s 21 of the Act then s 22 applied to the appellant and if the Registrar-General has not done so it should be performed forthwith.[2009] NZCA 185 CA 190/2007 15 May 2009
Result
Application for leave to appeal granted.
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
Transcripts
- Hearing date 5 November 2009 (PDF, 559 KB)
Media Releases
- MR [2009] NZSC 123 (PDF, 58 KB)
Leave judgment - leave granted
Substantive judgment
Case name
David George Saggers v The Queen
Case number
SC 47/2009
Summary
Criminal Appeal – the appellant was convicted in the High Court for manufacturing methamphetamine and possessing equipment capable of being used in the manufacture of methamphetamine – Court of Appeal allowed the appellant’s appeal against conviction on the manufacturing charge and ordered a retrial but upheld the appellant’s conviction for possessing equipment capable of being used in the manufacture of methamphetamine – Appellant was found not guilty on the manufacturing charge at the retrial – Whether the guilty verdict on the charge of possessing equipment is inconsistent with the not guilty verdict on the manufacturing charge, amounting to a miscarriage of justice.[2008] NZCA 364 CA 121/2008 12 September 2008
Result
Application to leave to appeal dismissed. 30 July 2009
Leave judgment - leave dismissed
SAGGERS V R SC 47/2009 30 July 2009 (PDF, 14 KB)
Case name
Vincent Ross Siemer v Solicitor-General
Case number
SC 48/2009
Summary
Civil/Criminal Appeal – Offences – Contempt of Court – New Zealand Bill of Rights Act 1990 – Appeal against decision committing appellant to prison for contempt – Whether Court of Appeal erred in holding contempt proceedings civil in nature – Whether appellant wrongly denied opportunity to elect trial by jury.[2009] NZCA 62 CA 447/2008 9 March 2009
Result
Application for leave to appeal granted.
7 August 2009
______________________
The appeal is allowed and the order made by the Court of Appeal is quashed. It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force. Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
____________________________
Application for recall of judgment dismissed.
11 June 2010
_____________________________
Further application for recall of judgment dismissed.
15 June 2010
7 August 2009
______________________
The appeal is allowed and the order made by the Court of Appeal is quashed. It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force. Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
____________________________
Application for recall of judgment dismissed.
11 June 2010
_____________________________
Further application for recall of judgment dismissed.
15 June 2010
Leave judgment - leave granted
Substantive judgment
SIEMER v SOLICITOR-GENERAL SC 48/2009 [17 May 2010] (PDF, 159 KB)
Transcript
Hearing date : recusal 26 February 2017
Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ
Case Number
SC 48/2009
Case name
Stephen Michael Shone v The Queen
Case number
SC 49/2009
Summary
Criminal appeal – sentencing – whether the decision of the Court of Appeal is consistent with decisions made in comparable cases – whether the Court of Appeal failed to take into account the alleged facilitation of offending by a victim’s mother – whether the sentences imposed were manifestly excessive[2009] NZCA 183 CA 720/2008 14 May 2008
Result
Application to leave to appeal dismissed. 29 July 2009
Leave judgment - leave dismissed
SHONE V R SC 49/2009 29 July 2009 (PDF, 12 KB)
Case name
RB v The Queen
Case number
SC 50/2009
Summary
Criminal – Wounding with intent to injure – Whether a defence of consent available - Whether the Court of Appeal erred in ordering a retrial after quashing the appellant’s convictions, given the factual findings made by the District Court Judge – Whether a retrial would result in a substantial miscarriage of justice, having regard to events which have occurred after the Court of Appeal judgment[2009] NZCA 186 CA 733/2008 15 May 2008
Result
Notice of Abandonment of Appeal being lodged, the application is deemed to be dismissed. 7 July 2009
Case name
Penelope Mary Bright v New Zealand Police
Case number
SC 51/2009
Summary
Criminal – Trespass Act 1980 – appellant arrested and charged with the offence of trespass under ss 3(1) and 11(2)(a) of the Trespass Act following refusal to leave a Council meeting when asked to do so – appellant subsequently convicted in the District Court – whether the Local Government Official Information and Meeting Act 1987 negates the Trespass Act since removal of a person under s 50 of the Local Government Official Information and Meeting Act is a complete remedy in itself – whether the minimum threshold for convicting under the Trespass Act was not met because the appellant was never warned for trespass before being charged and convicted.[2009] NZCA 187 CA 796/2008 15 May 2008
Result
Application for leave to appeal dismissed. 6 August 2009
Leave judgment - leave dismissed
BRIGHT V NEW ZEALAND POLICE SC 51/2009 6 August 2009 (PDF, 14 KB)
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