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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.

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
The Attorney-General and Lindsay Gow v Erin Alice Leigh
Case number
SC 11/2011
Summary
Civil Appeal – Defamation Act 1992 – Absolute Privilege – whether the Court of Appeal erred in holding that the Briefing Paper and oral statements did not form part of the “proceedings in the House of Representatives” and therefore were not protected by absolute privilege[2010] NZCA 624  CA 483/2009 17 December  2010
Result
The application for leave to appeal is granted. The approved ground is whether the communications by Mr Gow to the Minister for the Environment were the subject of absolute privilege.
11 April 2011
___________________
Appeal dismissed.
16 September 2011
Media Releases
Leave judgment - leave granted
ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT AND GOW V LEIGH SC 11/2011 11 April 2011
Substantive judgment
THE ATTORNEY-GENERAL v LEIGH SC 11/2011 [16 September 2011] (PDF, 117 KB)
Transcript

Hearing date : 16 August 2011

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.

 
Substantive judgmen / Media release
Judgment appealed from
Case name
Sherman Limited v Roy Jay Harlow and Nancy Jean Harlow
Case number
SC 12/2011
Summary
Civil – Appeal against a decision of the Court of Appeal overturning the High Court – Restrictive covenants registered against a title to land by the vendors after an agreement of sale and purchase made –Whether the purchaser is obliged to requisition the title where the purchaser objects to the title available from the vendor – Whether, in the absence of requisition, the vendor is entitled to issue a settlement notice and in the absence of compliance with the notice, to cancel the contract.[2010] NZCA 627  CA 785/2009 20 December  2010
Leave judgment - leave dismissed
SHERMAN LIMITED v HARLOW AND ANOR SC 12/2011 [11 April 2011] (PDF, 55 KB)
Dates

Application for leave to appeal dismissed. Costs $2,500 to the respondent.

11  April 2011.
Case name
Toa Haere Faulkner v Deputy Registrar, Trustees of Allotment 5 Parish of Tahawai and Western Bay of Plenty District Court
Case number
SC 13/2011
Summary
Civil appeal – Te Ture Whenua Maori Act 1993 – Determination of the Maori Land Court of Maori freehold land status – Whether the Maori Land Court erred in law – Whether the Maori Land Court failed to consider evidence – Whether the Maori Land Court is biased towards the Crown.Maori Appellate Court A 20090002450 21 December  2010
Leave judgment - leave dismissed
Not publicly available
Dates

Application for leave to appeal dismissed. Costs $2,500 to the 2nd respondent.

12  April 2011.
Case name
Maritime New Zealand v Survey Nelson Limited
Case number
SC 14/2011
Summary
Judicial Review – Decision to approve Safe Ship Management Company – Maritime Transport Act 1995 – Maritime Rules – Error of Law – Whether Court of Appeal correct, after finding error of law, to reverse High Court position and grant relief to Survey Nelson Ltd ­– Whether Court of Appeal possessed jurisdiction to reinstate approval where this effectively required the issue of a new approval[2010] NZCA 629   CA 245/2010  21 December 2010
Leave judgment - leave dismissed
MARITIME NEW ZEALAND v SURVEY NELSON LIMITED SC 14/2011 [2 June 2011] (PDF, 71 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay the respondent costs in the sum of $2,500 plus disbursements and other necessary payments, to be fixed if necessary by the Registrar. 

2 June 2011.
Case name
Allan Brian Miller and Michael John Carroll v The New Zealand Parole Board and The Attorney-General
Case number
SC 15/2011
Summary
Civil – Judicial Bias – Whether the Court of Appeal bench was properly selected – Whether the Court of Appeal applied the correct test for judicial bias – Whether the Parole Board was independent – Whether the appellant Carroll was properly recalled from parole – Whether preventive detention is consistent with the rehabilitation purpose of art 10(3) of the International Covenant on Civil and Political Rights.[2010] NZCA 600  CA 67/2009  8 December 2010
Leave judgment - leave dismissed
MILLER v THE NEW ZEALAND PAROLE BOARD SC 15/2011 [23 March 2011] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed.

23 March 2011.
Case name
Liam James Reid v The Queen
Case number
SC 16/2011
Summary
Criminal appeal – application for leave to appeal out of time – possible fresh evidence.[2009] NZCA 281  CA 794/2008  7 July 2009
Leave judgment - leave dismissed
REID v R SC 16/2011 [28 February 2012] (PDF, 47 KB)
Dates
Application for leave to appeal dismissed.
28 February 2012.
Case name
Alex Kwong Wong v The Queen
Case number
SC 17/2011
Summary
Criminal – Appeal out of time against conviction for importation and possession of methamphetamine – Whether the Court failed to provide a proper interpreter at, or interpretation of, the trial – Interlocutory application under ss 25(2) and 28 of the Supreme Court Act 2003 and/or rule 18 of the Supreme Court Rules 2004 – Request for an interlocutory order that the Auckland High Court Registry release a copy of all audio recordings of Mr Wong at trial to support this application.CRI 2005 004 15296  1 May 2009
Leave judgment - leave dismissed
WONG v R SC 17/2011 [11 March 2011] (PDF, 46 KB)
Recall judgment
ALEX KWONG WONG v R [2014] NZSC 171 [25 November 2014] (PDF, 52 KB)
Dates

Application for leave to appeal dismissed.

11 March 2011.
Case name
Kerry John Williams v The Queen
Case number
SC 18/2011
Summary
Criminal Appeal – Right to a fair trial – New Zealand Bill of Rights Act 1990, ss 24, 25; Sentencing Act 2002, s 30 – Applicant convicted by jury on charges of conspiracy to supply methamphetamine, supply and manufacture of methamphetamine – Applicant lost legal representation during the course of the trial – whether the Court of Appeal erred in finding that the applicant’s right to a fair trial was not impaired, as a result of the trial continuing shortly after counsel for the applicant withdrew CA 137/04  19 May 2005
Leave judgment - leave dismissed
WILLIAMS v R SC 18/2011 [9 June 2011] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed.

9 June 2011.
Case name
Shirleen Shia Ling Sim v Moncrieff Pastoral Limited
Case number
SC 19/2011
Summary
Civil – Deemed abandonment – Whether Court of Appeal correct to decline application for order granting extension of time to appeal as well as making associated orders – whether leave ought to be granted to adduce new evidence. [2011] NZCA 21   CA 706/2010
Leave judgment - leave dismissed
SIM v MONCRIEFF PASTORAL LIMITED SC 19/2011 [9 May 2011] (PDF, 45 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay the respondent costs in the sum of $2,500.

9 May 2011.
Case name
Vincent Ross Siemer v Michael Peter Stiassny and others
Case number
SC 20/2011
Summary
Civil Appeal – Strike out application – Whether a cause of action can be struck out before any statement of defence has been filed and the plaintiff’s evidence contested – Judicial bias – Whether a Judge shows bias by requesting the defendant to carry out some action against the plaintiff in relation to a separate proceeding.[2011] NZCA 1  CA 718/2010
Leave judgment - leave dismissed
SIEMER v STIASSNY SC 20/2011 [20 April 2011] (PDF, 10 KB)
Dates

Application for leave to appeal dismissed, with costs $1500.00 plus disbursements to be fixed if necessary by the Registrar to the Attorney-General.

20 April 2011.
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