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
Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Case number
SC 51/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90. [2016] NZCA 151 CA173/2015
Result
A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
T v The Queen
Case number
SC 52/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA438/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA438/2015 not available
Case name
N v The Queen
Case number
SC 53/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA440/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA440/2015 not available
Case name
Whetu Sonny James Waiwai v The Queen
Case number
SC 54/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. [2016] NZCA 167 CA603/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Alfred Robinson v The Queen
Case number
SC 55/2016
Summary
Criminal appeal – Evidence Act 2006, s 43(3)(e) – Whether the Court of Appeal erred in its application of the “collusion or suggestibility” criterion in assessing admissibility of propensity evidence under s 43. [2016] NZCA 188 CA375/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
[2016] NZCA 188 CA375/2015 not available _
Case name
AN v Counties Manukau District Health Board
Case number
SC 56/2016
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal erred in not granting habeas corpus – Whether the Court of Appeal erred by making a costs award against the applicant – Whether the Court of Appeal erred by suppressing the applicant’s name.[2016] NZCA 226 CA133/2016
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 20 June 2016
B There is no order for costs. 20 June 2016
Leave judgment - leave dismissed
Recall judgment
High Court decision
Judgment appealed from
Case name
Morris Burton Suckling v The Queen
Case number
SC 58/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its application of s 109 of the Tax Administration Act 1994 – Whether the District Court erred in failing to consider objections to the admissibility of propensity evidence. [2016] NZCA 187 CA468/2015
Result
The application for leave to appeal is dismissed.
4 July 2016
4 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wayne Anthony Jonathon Houpapa v The Queen
Case number
SC 59/2016
Summary
Criminal Appeal – Appeal against sentence – Whether the Court of Appeal erred in not giving the defendant a discount for his guilty plea. [2016] NZCA 206 CA525/2015
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
24 February 2017
24 February 2017
Judgment appealed from
Case name
B v Waitemata District Health Board
Case number
SC 60/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that the respondent’s smoke-free policy did not breach the applicant’ s rights under the Bill of Rights Act 1990. [2016] NZCA 184 CA524/2013
Result
A The application for leave to appeal is granted in part (B v Waitemata District Health Board [2016] NZCA 184).
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
Transcripts
- Hearing date 16 November 2016 (PDF, 533 KB)
Media Releases
- MR [2017] NZSC 88 (PDF, 260 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
ASG v Harlene Hayne
Case number
SC 61/2016
Summary
Civil appeal – Criminal procedure Act, s 200 – Whether the Court of Appeal erred in its interpretation of "publication" under s 200 – Was information relied on by the employer obtained contrary to an order made under s 200 and if so, does it matter. [2016] NZCA 203 CA703/2014
Result
A Leave to appeal is granted (ASG v Hayne [2016] NZCA 203)
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
Transcripts
- Hearing date 8 February 2017 (PDF, 301 KB)
Media Releases
- MR [2017] NZSC 59 (PDF, 266 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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