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
Raymond Everest Hessell v The Queen
Case number
SC 102/2009
Summary
Criminal Appeal – The applicant appeals against sentence and aspects of the sentencing guidelines on discounts for guilty pleas issued by the Court of Appeal. The issues are: whether the Court of Appeal was right in the circumstances to issue a guideline judgment; if so, whether the guidelines are sufficiently flexible or unduly fetter the courts’ future sentencing discretion; whether a 33% discount to the defendant’s sentence is appropriate for a guilty plea at the “first reasonable opportunity”; whether lesser discounts are appropriate for guilty pleas at subsequent stages of the proceedings; whether an early guilty plea should be considered to be an indicator of remorse on the part of the accused or whether remorse should be assessed on its merits; whether credit should be given for remorse even though not given at “first reasonable opportunity”; whether the guidelines should apply to murder cases; whether guidance should be provided in applying guidelines. [2009] NZCA 450 CA 170/2009 2 October 2009
Result
The application for leave to appeal is granted. The approved ground of appeal is whether the discount for Mr Hessell’ s guilty plea was appropriately given in accordance with sentencing principles and the Sentencing Act 2002.
19 April 2010
__________________
Appeal dismissed.
16 November 2010
19 April 2010
__________________
Appeal dismissed.
16 November 2010
Media Releases
Leave judgment - leave granted
Substantive judgment
HESSELL v R SC 102/2009 [16 November 2010] (PDF, 212 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Judgment appealed from
Case name
Peter Morrison Petryszick v The Queen
Case number
SC 103/2009
Summary
Criminal – Appeal against conviction – Criminal Procedure – Abuse of Process – Delay – Appellant granted adjournment by Court of Appeal on strict terms with which he failed to comply – Whether Court of Appeal erred in concluding no merit in grounds of appeal raised – Whether Court of Appeal erred in not affording the appellant additional time to investigate grounds of complaint.[2009] NZCA 515 CA 269/2008 27 October 2009
Result
Application for leave to appeal granted on the question whether the applicant was denied his right to appeal.
20 April 2010
___________________
A The appeal is allowed and the order made by the Court of Appeal set aside. B The appellant’ s appeal against his conviction is remitted to the Court of Appeal for determination in accordance with s 385(1) of the Crimes Act 1961.
24 August 2010
20 April 2010
___________________
A The appeal is allowed and the order made by the Court of Appeal set aside. B The appellant’ s appeal against his conviction is remitted to the Court of Appeal for determination in accordance with s 385(1) of the Crimes Act 1961.
24 August 2010
Transcripts
- sc 103 2009 petryszick peter morrison v r (PDF, 431 KB)
Media Releases
- MR [2010] NZSC 105 (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
PETRYSZICK v R SC 103/2009 [24 August 2010] (PDF, 148 KB)
Substantive judgment / Media release
Judgment appealed from
Transcript
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ
Case name
Ghlenn Thomas Douglas Gollop v The Queen
Case number
SC 104/2009
Summary
Criminal Appeal – appeal against sentence – whether the Court of Appeal erred in finding without evidence to the required standard that the quantum of manufacture was 250g which materially effected the level of sentence in terms of s 24 of the Sentencing Act 2002 – whether the Court of Appeal erred in finding the minimum term of imprisonment was justified when the appellant was not represented by counsel at sentencing, contrary to s 30 of the Sentencing Act 2002.[2009] NZCA 486 CA 162/200 19 October 2009
Result
Application for leave to appeal dismissed.
17 December 2009
17 December 2009
Leave judgment - leave dismissed
GOLLOP v R SC 104/2009 [17 December 2009] (PDF, 38 KB)
Judgment appealed from
Case name
Mana PropertyTrustee Ltd v James Development Ltd
Case number
SC 105/2009
Summary
Civil – Interpreting terms of a sale and purchase agreement – Whether the Court of Appeal erred by equating non-performance at the time of settlement with an automatic right to cancel – Whether the Court of Appeal were wrong to find that clause 18.3 of the agreement for sale and purchase was essential.[2009] NZCA 483 CA 241/2000 19 October 2009
Result
Application for leave to appeal granted.
1 March 2010
______________________
Appeal allowed. It is declared that the respondent’ s purported cancellation on 3 November 2008 of its contract with the appellant was of no effect. The proceeding is remitted to the High Court for outstanding issues to be determined in light of this judgment. The costs order made in the Court of Appeal is set aside. Costs are reserved. Counsel should file memoranda.
23 July 2010
1 March 2010
______________________
Appeal allowed. It is declared that the respondent’ s purported cancellation on 3 November 2008 of its contract with the appellant was of no effect. The proceeding is remitted to the High Court for outstanding issues to be determined in light of this judgment. The costs order made in the Court of Appeal is set aside. Costs are reserved. Counsel should file memoranda.
23 July 2010
Media Releases
- sc 105 2009 mana v james 23 july 2010 (PDF, 85 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Substantive judgment /Media release
Judgment appealed from
Case name
MA v The Attorney General
Case number
SC 106/2009
Summary
Civil – the applicant was granted recognition of status as a refugee in 1996 and New Zealand citizenship in 1997 – in 2001 the applicant was discharged on the offence of making a false statement in his refugee claim – certain documents obtained by the Police in a search of the applicant’ s home were passed to the Refugee Status Branch of the New Zealand Immigration Service – in 2006 notice was given to the applicant of intended determination of revocation of refugee status – whether the Court of Appeal erred in finding that the search of the applicant’s home was lawful – whether the Court of Appeal erred in finding that privilege did not attach to certain communications between the applicant and his refugee advisor – whether the Court of Appeal erred in determining that Police lawfully provided certain documents to the New Zealand Immigration Service.[2009] NZCA 490 CA 565/2007 20 October 2009
Result
Application for leave to appeal is dismissed. 31 March 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Attorney-General v Tamil X v Refugee Status Appeals Authority and Y
Case number
SC 107/2009
Summary
Immigration – whether the Court of Appeal erred in interpreting Article 1F of the 1951 Convention Relating to the Status of Refugees; whether the Court erred in not remitting an Article 1F inquiry to the Refugee Status Appeals Authority[2009] NZCA 488 CA 109/2008 20 October 2009
Result
Application for leave to appeal granted.
10 March 2010
__________________________
A The appeal is dismissed.
B The respondent’s application for recognition of refugee status is remitted to the Refugee Status Appeals Authority for consideration in accordance with the Court of Appeal’s order.
C Costs are reserved and counsel may submit memoranda if necessary.
27 August 2010
10 March 2010
__________________________
A The appeal is dismissed.
B The respondent’s application for recognition of refugee status is remitted to the Refugee Status Appeals Authority for consideration in accordance with the Court of Appeal’s order.
C Costs are reserved and counsel may submit memoranda if necessary.
27 August 2010
Media Releases
- MR [2010] NZSC 107 (PDF, 84 KB)
Leave judgment - leave granted
Transcript
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Judgment appealed from
Substantive judgment / Media release
Case name
Dean Noble v The Queen
Case number
SC 108/2009
Summary
Criminal – Appeal against conviction – Assault – Sexual Violation – Whether Court of Appeal erred in law in its findings regarding admissibility and credibility – Whether Court of Appeal erred in concluding trial Judge’s irregular jury directions on previous inconsistent statements could not have, either on their own or in conjunction with any of the other alleged errors, have affected the trial result and led to a miscarriage of justice on a R v Matenga [2009] 3 NZLR 145 analysis.[2009] NZCA 507 CA 633/2008 23 October 2009
Result
Application for leave to appeal dismissed.
16 July 2010
16 July 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Adrian Stanley Budd v The Queen
Case number
SC 109/2009
Summary
Criminal appeal – Sexual offences – whether the Court of Appeal erred in finding there was no miscarriage of justice within s 385(1) (c) Crimes Act 1961 on the basis trial counsel was not incompetent. [2009] NZCA 419 CA 747/2008 21 September 2009
Result
Application for leave to appeal dismissed.
12 July 2010
12 July 2010
Leave judgment - leave dismissed
BUDD v R SC 109/2009 [12 July 2010] (PDF, 45 KB)
Judgment appealed from
Case name
Edward Woodrow Collins v The Queen
Case number
SC 110/2009
Summary
Criminal – Conspiracy to manufacture Class A drug – Whether the Court of Appeal erred in finding that the trial Judge gave proper jury directions on the evidence of co-conspirators – Whether the Court of Appeal erred in not ruling whether there was reasonable evidence that the applicant adhered to the conspiracy.[2009] NZCA 519 CA 119/2009 4 November 2009
Result
Application for leave to appeal dismissed.
2 March 2010
2 March 2010
Leave judgment - leave dismissed
COLLINS v R SC 110/2009 [2 March 2010] (PDF, 13 KB)
Judgment appealed from
Case name
Alan Stanley Perkins and Adrieene Rosemary Perkins v Tere Moana Purea and Tom Tangi-Tuake and June Tangi-Tuake
Case number
SC 111/2009
Summary
Civil – Land Transfer Act 1952 – the appellants sued for specific performance after the respondent failed to settle a house purchase due to a dispute with his daughter over ownership which resulted in her lodging a caveat against the title of the property – whether, in light of s 182 of the Land Transfer Act 1952, the Court of Appeal erroneously approached the matter by way of contest between competing equities – whether the Court of Appeal should have held that registration is conclusive and that the appellants, as bona fide purchasers for value without notice of the daughter’ s equitably interest, should take the property notwithstanding that the daughter’ s equitable interest was earlier in time – alternatively, whether the Court of Appeal erred in the approach they adopted in consideration of the hierarchy of equities.[2009] NZCA 541 CA 365/2008 18 November 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the 2nd Respondent.
4 March 2010
4 March 2010
Leave judgment - leave dismissed
Judgment appealed from
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