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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
Jordan James Ataria v The Queen
Case number
SC 31/2011
Summary
Criminal Appeal – Sentencing – Whether the Judge was entitled to determine particular matters of fact at the sentencing stage, and whether there was sufficient evidence to support those findings of fact – Whether the appellant’s sentence should be reduced on account of an alleged disparity with the sentence imposed on certain other offenders in this case[2010] NZCA 559 CA 120/2010
Leave judgment - leave dismissed
ATARIA v R SC 31/2011 [17 June 2011] (PDF, 29 KB)
Dates
Application for leave to appeal dismissed.
17 June  2011.
Case name
Steven John Cleave v The Queen
Case number
SC 32/2011
Summary
Criminal Appeal – Wounding with intent to cause grievous bodily harm – Whether appellant was denied right to elect to give evidence of self-defence by defence counsel – Whether defence counsel failed to follow instructions by not proceeding with forensic testing. [2011]  NZCA 40  CA 127/2010
Leave judgment - leave dismissed
CLEAVE v R SC 32/2011 [5 July 2011] (PDF, 43 KB)
Dates
Application for leave to appeal dismissed.
5 July 2011.
Case name
Open Country Cheese Company Limited v New Zealand Dairy Workers Union Incorporated
Case number
SC 33/2011
Summary
Civil Appeal – Employment Relations Act 2000 – Applicant’ s parent company sent own employees to operate applicant’s cheese and milk powder plant during lawful strike by members of respondent union employed at plant – Whether parent company employees “employed or engaged” by applicant in breach of s 97(2) of Employment Relations Act.[2011] NZCA 56  CA 687/2009
Leave judgment - leave dismissed
sc 33 2011 open country cheese co ltd v nz dairy workers union incorp leave judgment (PDF, 45 KB)
Dates

Application for leave to appeal dismissed with costs of $2,500 to the respondent.

2 June 2011.
Case name
AVM v The Queen
Case number
SC 34/2011
Summary
Criminal – Evidence Act 2006, ss 37 and 85 – Whether Crown ought to have disclosed material in its possession regarding expert witness to defence, in order to prevent ‘trial by ambush’ – Whether cross-examination of expert was in substance a challenge to witness’ veracity and s 37 was properly complied with (ie leave should have been sought) – Whether leave should have been sought based on s 85, ss 7 and 8 or common law – Whether in all the circumstances, the applicant had a fair trial. [2011] NZCA 84  CA 438/2010
Leave judgment - leave dismissed
M(SC34/2011) v R SC 34/2011 [20 June 2011] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

20 June 2011.
Case name
Urs Peter Signer v The Queen
Case number
SC 36/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114  CA 872/2010
Result
A The application for leave to appeal is granted. B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
__________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Leave judgment - leave granted
SIGNER and Others v R SC 36/2011 [6 May 2011] (PDF, 9 KB)
Substantive judgment
SIGNER and OTHERS v R SC 36, 37, 39, 40, 41, 43/2011 [16 September 2011] (PDF, 67 KB)
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Emily Felicity Bailey v The Queen
Case number
SC 37/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 873/2010
Result
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury. 6 May 2011
____________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Leave judgment - leave granted
SIGNER and Others v R SC 36/2011 [6 May 2011] (PDF, 9 KB)
Substantive judgment
SIGNER and OTHERS v R SC 36, 37, 39, 40, 41, 43/2011 [16 September 2011] (PDF, 67 KB)
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Fonterra Co-operative Group Limited v The Grate Kiwi Cheese Company Limited & Kaimai Cheese Co Ltd
Case number
SC 38/2011
Summary
Civil Appeal – the Commerce Commission made a final determination on 5 June 2009 that The Grate Kiwi Cheese Company Ltd and Kaimai Cheese Company Ltd were both entitled to raw milk from Fonterra under the Dairy Industry Restructuring (Raw Milk) Regulations 2001 – whether the Court of Appeal erred in upholding the Commerce Commission determination – whether an entity can be entitled to raw milk even though the entity does not itself process the milk[2011] NZCA 67   CA 223/2010
Result
Appeal dismissed. Costs $15,000 plus disbursements to the respondent. 15 March 2012
Media Releases
Leave judgment - leave granted
FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011 [20 June 2011] (PDF, 7 KB)
Substantive judgment
FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011 [15 March 2012] (PDF, 79 KB)
Transcription

Hearing date : 14 February 2012

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Valerie Morse v The Queen
Case number
SC 39/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 864/2010
Result
A The application for leave to appeal is granted. B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
______________________
Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Phillip Purewa v The Queen
Case number
SC 40/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 874/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

___________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Trudi Paraha v The Queen
Case number
SC 41/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 871/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

__________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
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