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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
New Zealand Aluminium Smelters Limited v Weller & Ors
Case number
SC 20/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. [2016] NZCA 19    CA 313/2014
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
27 April 2016
Employment Court decision
NEW ZEALAND ALUMINIUM SMELTERS LIMITED v WELLER and 63 others NZEmpCCHRISTCHURCH [2014] NZEmpC 74       16 May 2014
Leave judgment - leave dismissed
NEW ZEALAND ALUMINIUM SMELTERS LTD v ANDREW WELLER & OTHERS [2016] NZSC 44 27 April 2016 (PDF, 127 KB)
Judgment appealed from

NEW ZEALAND ALUMINIUM SMELTERS LIMITED v ANDREW WELLER AND 63 OTHERS
[2016] NZCA 19    22 February 2016
Case name
John Morgan MacKenzie v The Attorney-General
Case number
SC 21/2016
Summary
Civil Appeal – Limitation Act 1950 – Whether the High Court erred in its interpretation of the Limitation Act 1950.   [2015] NZHC 1876    CIV 2012-470-000977
Result
The application for leave to appeal is dismissed.                      
1 June 2016                                                                                           __
Leave judgment - leave dismissed
JOHN MORGAN MACKENZIE v THE ATTORNEY-GENERAL [2016] NZSC 60    1 June 2016 (PDF, 12 KB)
Recall judgment
JOHN MORGAN MACKENZIE v THE ATTORNEY-GENERAL [2016] NZSC 110 [23 August 2016] (PDF, 12 KB)
Judgment appealed from

MACKENZIE v ATTORNEY-GENERAL [2015] NZHC 1876     11 August 2015
Case name
Isaac Paparoa v The Queen
Case number
SC 22/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a Minimum Period of Imprisonment.[2015] NZCA 234  CA 389/2014
Result
A  Extension of time for filing application for leave to appeal granted.
B  Application for leave to appeal dismissed.                            
30 May 2016                                                                                                                 __
Leave judgment - leave dismissed
ISAAC PAPAROA v R [2016] NZSC 59     30 May 2016 (PDF, 113 KB)
Judgment appealed from

THOMPSON & PAPAROA V R CA368/2014 [2015] NZCA 234    11 June 2015
Case name
C v The Queen
Case number
SC 23/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.[2016] NZCA 48  CA 287/2015 CA 161/2015
Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

____________________

Judgment released                                                                                              

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 dispositon of related trials of Appellants C (SC 23/2016) and L (SC 24/2016). Publication in Law Report or Law Digest permitted.                                                                                                                       

19 June 2017                            
Leave judgment

not publicly available
Judgment appealed from

JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ not electronically available
Case name
AL v The Queen
Case number
SC 24/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.[2016] NZCA 48 CA 287/2015 CA 161/2015 
Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

____________________

Judgment released                                                                                              

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 dispositon of related trials of Appellants C (SC 23/2016) and L (SC 24/2016). Publication in Law Report or Law Digest permitted.

19 June 2017                       
Leave judgment

not publicly available
Judgment appealed from

[2016] NZCA 48 CA 287/2015 CA 161/2015 not available
Case name
SL v The Queen
Case number
SC 25/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury  [2016] NZCA 48  CA 162/2015
Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

__________________________

A notice of abandonment having been lodged, the appeal is deemed dismissed.
31 March 2017
Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ
Judgment appealed from

[2016] NZCA 48 CA 287/2015 CA 161/2015 not available
Case name
KSC  v The Queen
Case number
SC 26/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury. [2016] NZCA 48  CA 356/2015
Result

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

15 April 2016
Judgment appealed from

[2016] NZCA 48  CA 356/2015 not available
Case name
JBG  v The Queen
Case number
SC 27/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury. [2016] NZCA 48  CA 160/2015
Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

____________________

Judgment released                                                                                              

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 dispositon of related trials of Appellants C (SC 23/2016) and L (SC 24/2016). Publication in Law Report or Law Digest permitted.                                                                                                                     

19 June 2017                            
Leave judgment

 not publicly available
Judgment appealed from

 [2016] NZCA 48  CA 160/2015 not available
Case name
JPC  v The Queen
Case number
SC 28/2016
Summary
Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.[2016] NZCA 48  CA 145/2015 
Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

_____________________

Judgment released                                                                                              

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 dispositon of related trials of Appellants C (SC 23/2016) and L (SC 24/2016). Publication in Law Report or Law Digest permitted. 

19 June 2017                            
Leave judgment

not publicly available
Judgment appealed from

[2016] NZCA 48  CA 145/2015 not available
Case name
Anthony Pratt Kaye and Morva Kaye v Norris Ward McKinnon
Case number
SC 29/2016
Summary
Civil Appeal – Whether Court of Appeal erred in finding that the respondents had not breached duty of care – Whether Court of Appeal erred in finding that the respondents had not caused the applicants any loss.
[2016] NZCA 32    CA333/2015
Result
A   The application for leave to appeal is dismissed.   
B   The applicant must pay the respondent costs of $2,500.
15 June 2016
High Court decision
NORRIS WARD MCKINNON v KAYE [2015] NZHC 1025
Leave judgment - leave dismissed
ANTHONY PRATT KAYE AND MORVA KAYE v NORRIS WARD MCKINNON [2016] NZSC 66   15 June 2016 (PDF, 81 KB)
Recall judgment
ANTHONY PRATT KAYE AND MORVA KAYE v NORRIS WARD MCKINNON [2016] NZSC 104 [15 August 2016 (PDF, 64 KB)
Judgment appealed from

KAYE V NORRIS WARD MCKINNON [2016] NZCA 32     29 February 2016
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