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
Sovereign Assurance Company Limited, ASB Bank Limited, Sovereign Services Limited, CBA Asset Finance (NZ) Limited, CBA Funding (NZ) Limited, CBA Dairy Leasing Limited v Commissioner of Inland Revenue
Case number
SC 14/2014
Summary
Civil Appeal – Income Tax Acts 1994 and 2004 – Whether the Court of Appeal erred in upholding the Commissioner’s reassessments of the applicants’ income – Whether the Court of Appeal erred in concluding that the accrual rules in subpt EH of the Income Tax Act 1994 were of exclusive application in determining the tax treatment of the commission arrangements – Whether the Court of Appeal erred in finding that the commissions when received and the commission repayments when paid were not assessable income and deductible expenditure respectively – Whether the Court of Appeal erred in concluding that the Commissioner was entitled to an award of costs.[2013] NZCA 652 CA 506/2012
Result
Application for leave to appeal dismissed.
10 June 2014
10 June 2014
Leave judgment - leave dismissed
Case name
SSK v The Queen
Case number
SC 15/2014
Summary
[2013] NZHC 3487 CRI 2012 093 13988
Result
The application for leave to appeal directly to this Court is dismissed. Publication of the judgment or its contents in the news media, or on the internet or other publicly available database, is prohibited prior to trial. Publication in a law report or law digest is permitted, however. 18 February 2014
Leave judgment - leave dismissed
Case Number
SC 15/2014
Judgment appealed from
not available online
Case name
Ross Donald Macrae and Lynette Gweneth Joy Macrae v Anthony Patrick Walshe and others
Case number
SC 16/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the right of way allows access only to a single dwelling on the dominant land and for naturally related or ancillary purposes – Whether the Court of Appeal erred in holding that the applicant’s property was a “dwelling” for the purpose of the easement– Whether the Court of Appeal erred in holding that the easement should be modified in accordance with that Court’ s conclusions – Whether the Court erred in relation to costs.[2013] NZCA 664 CA 814/2012
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
BRM v The Queen
Case number
SC 17/2014
Summary
Criminal Appeal – Evidence Act, s 92 – Whether the Court of Appeal erred in holding that the prosecutor did not breach their cross-examination duties – Whether the Court of Appeal’s decision in relation to appropriate jury directions was wrong – Whether the Court of Appeal erred in holding that the common law partial defence of excessive force is not recognised in New Zealand.[2013] NZCA 657 CA 260/2012
Result
Application for leave to appeal dismissed. 1 May 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Bon Vincent Namana v The Queen
Case number
SC 18/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that a general challenge to the credibility of a witness is sufficient to satisfy a trial counsel’s duty to run a defendant’s alibi defence – Whether the Court of Appeal erred in finding that the trial counsel’ s questions did not involve an implicit acceptance of facts.[2013] NZCA 640 CA 98/2013
Result
Application for leave to appeal dismissed.
4 April 2014
4 April 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Razdan Rafiq v Chief Executive of the Ministry of Business Innovation and Employment and Commissioner of Police
Case number
SC 19/2014
Summary
Civil Appeal – Security for costs – Whether the Court of Appeal erred in upholding the Registrar’s decision not to dispense with security for costs.[2014] NZCA 4 CA 812/2013
Result
Application for leave to appeal dismissed.
16 June 2014
____________
Application for recall dismissed.
10 October 2014
16 June 2014
____________
Application for recall dismissed.
10 October 2014
Leave judgment - leave dismissed
Recall judgment
Case name
Karl Teangiotau Nuku v The Queen
Case number
SC 20/2014
Summary
Criminal Appeal – Whether a miscarriage of justice occasioned due to counsel error – Whether an extension of time should be allowed.[2012] NZCA 595 CA 516/2011
Result
Application for leave to appeal dismissed.
1 May 2014
1 May 2014
Leave judgment - leave dismissed
KARL TEANGIOTAU NUKU v R [2014] NZSC 45 1 May 2014 (PDF, 49 KB)
Judgment appealed from
Case name
Vincent Ross Siemer v Official Assignee
Case number
SC 21/2014
Summary
Civil Appeal – Judicature Act 1908, s 61A – Whether the Court of Appeal erred in holding that there was no jurisdiction under s 61A(1) – Whether the Court of Appeal erred is understanding the respective role of the Judge and Registrar in regards to r 35(6) of the Court of Appeal (Civil) Rules 2005[2014] NZCA 9 CA 863/2013
Result
The application for leave to appeal are dismissed. The applicant is to pay costs of $2,500 plus reasonable disbursements to be fixed, if necessary, by the Registrar.
30 April 2014
___________
Application for recall dismissed.
26 May 2014
_______________
Second application for recall dismissed.
5 June 2014
30 April 2014
___________
Application for recall dismissed.
26 May 2014
_______________
Second application for recall dismissed.
5 June 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Vincent Ross Siemer v Deputy Registrar of the Court of Appeal
Case number
SC 22/2014
Summary
Civil Appeal – Judicature Act 1908, s 66 – Whether the Court of Appeal negated the statutory right of appeal against a High Court Judge’ s order provided by s 66 – Whether the Court of Appeal’s judgment impedes the statutory guarantee to judicial review – Whether the Court of Appeal erred in determining what constitutes a ‘judicial order’ .[2014] NZCA 5
Result
Application for leave to appeal is dismissed.
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
Recall judgment
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vincent Ross Siemer v Michael Peter Stiassny and Korda Mentha
Case number
SC 23/2014
Summary
Civil Appeal – Judicature Act 1908, s 61A – Whether the Court of Appeal erred in holding that there was no jurisdiction under s 61A(1) – Whether the Court of Appeal erred is understanding the respective role of the Judge and Registrar in regards to r 35(6) of the Court of Appeal (Civil) Rules 2005[2014] NZCA 3 CA 104/2013
Result
The application for leave to appeal are dismissed. The applicant is to pay costs of $2,500 plus reasonable disbursements to be fixed, if necessary, by the Registrar.
30 April 2014
__________
Application for recall dismissed.
26 May 2014
______________
Second application for recall dismissed.
5 June 2014
30 April 2014
__________
Application for recall dismissed.
26 May 2014
______________
Second application for recall dismissed.
5 June 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Page 131 of 244