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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Mark Albert Horsfall v Diana Jane Potter and 168 Group Limited
Case number
SC 138/2016
Summary
Civil Appeal – s 44 Property (Relationships) Act 1976 - Whether the Court of Appeal erred in its application of s 44.[2016] NZCA 514 CA720/2014
Result
A The application for leave to appeal is granted (Potter v Horsfall [2016] NZCA 514).
B The approved question is whether the Court of Appeal was right to find that the disposition of the proceeds of the College Street property was made by the applicant to defeat the claim or rights of the first respondent for the purposes of s 44 of the Property (Relationships) Act 1976.
2 March 2017
_________________
A The appeal is dismissed.
B The appellant is to pay the first respondent costs of $25,000 together with reasonable disbursements. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was right to find that the disposition of the proceeds of the College Street property was made by the applicant to defeat the claim or rights of the first respondent for the purposes of s 44 of the Property (Relationships) Act 1976.
2 March 2017
_________________
A The appeal is dismissed.
B The appellant is to pay the first respondent costs of $25,000 together with reasonable disbursements. We allow for second counsel.
21 December 2017
Media Releases
- MR [2017] NZSC 196 (PDF, 285 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Transcript
Hearing date : 15 June 2017
Elias CJ, William Young, Glazebrook, O'Regan and McGrath JJ.
Case name
Ryan Warren Geary-Smart v The Queen
Case number
SC 139/2016
Summary
Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. [2016] NZCA 509 CA132/2015
Result
The applications for leave to appeal are dismissed.
3 March 2017
3 March 2017
Leave judgment - leave dismissed
GEARY-SMART v R [2017] NZSC 23 3 March 2017 (PDF, 85 KB)
Judgment appealed from
Case name
Jacob Christopher Geary-Smart v The Queen
Case number
SC 140/2016
Summary
Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. [2016] NZCA 509 CA134/2015
Result
The applications for leave to appeal are dismissed. 3 March 2017
Leave judgment - leave dismissed
GEARY-SMART v R [2017] NZSC 23 3 March 2017 (PDF, 85 KB)
Judgment appealed from
Case name
New Health New Zealand Inc v South Taranaki District Council and Attorney-General (for and on behalf of the Minister of Health)
Case number
SC 141/2016
Summary
Civil Appeal
Result
A Leave to appeal is granted (New Health New Zealand Inc v South Taranaki District Council [2016] NZCA 462, [2017] 2 NZLR 13).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.
20 February 2017
___________________________________________________
The application for leave to admit the TDB report annexed to the affidavit of Philip Barry is dismissed.
30 October 2017
_________________________________________________
A The appeals from the decision of the Court of Appeal in relation to CA529/2015 and CA615/2014, referred to respectively as the Regulations and Medicines Act appeals, are dismissed.
B Costs are reserved. Any memoranda on costs may be filed by 31 July 2018. 27 June 2018 A The appeal is dismissed. B The appellant must pay the first respondent costs of $20,000 plus usual disbursements.
C We make no award of costs in favour of the second respondent.
27 June 2018
B The approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.
20 February 2017
___________________________________________________
The application for leave to admit the TDB report annexed to the affidavit of Philip Barry is dismissed.
30 October 2017
_________________________________________________
A The appeals from the decision of the Court of Appeal in relation to CA529/2015 and CA615/2014, referred to respectively as the Regulations and Medicines Act appeals, are dismissed.
B Costs are reserved. Any memoranda on costs may be filed by 31 July 2018. 27 June 2018 A The appeal is dismissed. B The appellant must pay the first respondent costs of $20,000 plus usual disbursements.
C We make no award of costs in favour of the second respondent.
27 June 2018
Date of hearing
16 November 2017
- 17 November 2017
Transcripts
- Hearing date 16 and 17 November 2017 (PDF, 1.1 MB)
Media Releases
- MR [2018] NZSC 59 and MR [2018] NZSC 60 (PDF, 259 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme court decision
Substantive judgment
Supreme court decision
Supreme court decision
Case name
Jacqueline Ann Cameron v The Queen
Case number
SC 142/2016
Summary
Criminal Appeal – Appeal against conviction – Appeal against sentence – Social Security Act 1964, s 127 – Crimes Act 1961, s 228(b) – Whether the Court of Appeal erred in its calculation of the debt owed by the applicant – Whether the Court of Appeal erred in its conclusion regarding the applicant’s counsel – Whether the Court of Appeal erred in finding there was no miscarriage of justice. [2016] NZCA 536 CA505/2013
Result
The application for leave to appeal is dismissed.
21 August 2017
21 August 2017
Date of Judgment
01 January 2016
Leave judgment - leave dismissed
Court of Appeal decision
Case name
James Gerard Mercer v Commonwealth of Australia
Case number
SC 143/2016
Summary
[2016] NZCA 503 CA134/2016
Result
A The application for leave to appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceedings (except for the parties’ names and result) in news media or on the internet or other publicly available database until final disposition of proceedings either by the Minister of Justice or in the Queensland courts. Publication in law report or law digest permitted.
16 March 2017
B We make an order prohibiting publication of the judgment and any part of the proceedings (except for the parties’ names and result) in news media or on the internet or other publicly available database until final disposition of proceedings either by the Minister of Justice or in the Queensland courts. Publication in law report or law digest permitted.
16 March 2017
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
Case name
Leslie McGeachin v The Queen
Case number
SC 144/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction on the basis of a number of alleged trial errors – Whether the District Court erred in sentencing the applicant to 19 years’ imprisonment. [2015] NZCA 558 CA730/2013
Result
A The application for an extension of time to apply for leave to appeal against conviction is dismissed.
B The application for leave to appeal against sentence is dismissed.
24 February 2017
______________________________________
The application for recall of this Court’s judgment of 24 February 2017 (McGeachin v R [2017] NZSC 16) is dismissed.
12 October 2020
B The application for leave to appeal against sentence is dismissed.
24 February 2017
______________________________________
The application for recall of this Court’s judgment of 24 February 2017 (McGeachin v R [2017] NZSC 16) is dismissed.
12 October 2020
Leave judgment - leave dismissed
LESLIE MCGEACHIN v R [2017] NZSC 16 24 February 2017 (PDF, 91 KB)
Recall judgment
LESLIE McGEACHIN v R [2017] NZSC 193 [19 December 2017] (PDF, 183 KB)
Recall judgment
Recall judgment
Judgment appealed from
Case name
David Brown and Glen Sycamore v New Zealand Basing Limited
Case number
SC 145/2016
Summary
Civil appeal – Employment Relations Act 2000 – Whether the Court of Appeal was correct to conclude that by selecting a different legal jurisdiction to govern their relationship, the parties could contract out of the right in the Employment Relations Act to be free from dismissal and discrimination based on age.[2016] NZCA 525 CA12/2015
Result
A Leave to appeal is granted (New Zealand Basing Ltd v Brown [2016] NZCA 525, [2017] 2 NZLR 93).
B The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
_________________
A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements. We certify for two counsel.
13 September 2017
B The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
_________________
A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements. We certify for two counsel.
13 September 2017
Transcripts
- Hearing date 13 June 2017 (PDF, 611 KB)
Media Releases
- MR [2017] NZSC 139 (PDF, 260 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
H v The Queen
Case number
SC 146/2016
Summary
Criminal Appeal – Evidence Act 2006, s 35 – Whether the Court of Appeal erred in holding that evidence of the complainant’s prior consistent statement was properly admitted at trial – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. [2016] NZCA 413 CA498/2015
Result
The application for leave to appeal is dismissed. 18 August 2017
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Attorney-General
Case number
SC 147/2016
Summary
Civil Appeal – Judicial Review – Whether the High Court Judge erred in striking out the judicial review claim.[2016] NZHC 2876 CIV 2016-485-000149
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
3 March 2017
B Costs of $2,500 are awarded to the respondent.
3 March 2017
Leave judgment - leave dismissed
Judgment appealed from
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