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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
Ross Nathan v The Queen
Case number
SC 126/2011
Summary
Criminal Appeal – Attempt to adduce fresh evidence – Whether evidence of the complainant allegedly being in a sexual relationship at the time that the offence was committed was relevant to the complainant’ s reliability and credibility – Whether failure to adduce that evidence resulted in a substantial miscarriage of justice.[2011] NZCA 578  CA 318/2011
Dates
Hearing
Case name
Xing Hua Du v Ming Gu
Case number
SC 127/2011
Summary
Civil Appeal – Joint Venture Agreement – The applicant and respondent were parties to a joint venture agreement, the terms of which were breached by the respondent, but the respondent raised a number of positive defences – The Court of Appeal held that the respondent was allowed to avoid the joint agreement because of the applicant’s failure to comply with ss 63 and 64 of the Real Estate Agents Act 1976 – Whether the Court of Appeal erred in finding that the termination of the agency agreement between the applicant and a real estate agency required, by way of reasonable notice, not less than 14 days notice – Whether the Court of Appeal erred in finding that, because the agency agreement was still afoot, and because ss 63 and 64 of the Real Estate Agents Act were not complied with, the joint venture agreement was voidable – Whether the Court of Appeal erred in holding that the respondent’s cancellation of the joint venture agreement was a valid exercise of her rights under s 63(3) of the Real Estate Agents Act.[2011] NZCA 577  CA 867/2010
Dates
Application for leave to appeal dismissed. Costs $2,500 to the respondent.
6 March 2012.
Case name
Ricardo Aryan v The Queen
Case number
SC 128/2011
Summary
Criminal Appeal – Appeal against the decision of the Court of Appeal, which dismissed the applicant’s appeal against conviction – Whether conviction should be appealed because of fresh evidence.[2010] NZCA 57  CA 614/2009
Dates
Application for leave to appeal dismissed.
13 March 2012.
Case name
Barry John Hart v Standards Committee of the New Zealand Law Society and the Lawyers and Conveyances Disciplinary Tribunal.
Case number
SC 129/2011
Summary
Civil – Name suppression – Legal professional conduct – Lawyers and Conveyancers Act 2006 – Whether High Court and Court of Appeal, in declining to suppress applicant’s name, erred in their approaches to principles applicable to name suppression in context of disciplinary charges under Lawyers and Conveyancers Act – Significance of nature of charges against applicant – Weight to be given to inaccurate media reports of charges – Whether Court of Appeal’s orders sufficiently protect applicant – Effect of applicant’s high public profile and associated prejudicial effects arising from publication. [2011] NZCA   671   CA 839/2011
Dates
The application for leave to appeal is dismissed.
In place of the order made by McGrath J on 21 December 2011 in relation to the searching of court files, we order that the Supreme Court file in relation to the application not be searched without the permission of a Judge.
13 February 2012.
Case name
Jacqueline Elaine Wihongi v The Queen
Case number
SC 130/2011
Summary
Criminal Appeal – Sentencing – Sentencing Act 2002, s 102 – appeal against the Court of Appeal’s decision to raise the Applicant’ s sentence from 8 years to 12 years – whether the Court of Appeal erred in its assessment of the Applicant’s future risk of violent offending – whether the Court of Appeal erred in finding that a longer finite sentence would increase the level of public safety – whether the Court of Appeal erred in its consideration of the Applicant’s mental impairments – whether the Court of Appeal erred in its consideration of the Applicant’ s favourable qualities – whether the application should be heard even though it was filed out of time.[2011] NZCA  592   CA 641/2010
Dates
Application for leave to appeal dismissed.
6 March 2012.
Case name
Josephine Takamore v Denise Clarke  and Nehuata Takamore & Donald Takamore
Case number
SC 131/2011
Summary
Civil Appeal – Customary Law – Approach to determining whether Tūhoe burial custom forms part of the common law – Whether the Court of Appeal majority erred in its analysis of the reasonableness of the Tū hoe custom – Whether the Court of Appeal majority was wrong to hold that the Tūhoe custom was insufficiently certain to form part of the common law – Whether the Court of Appeal majority was correct to hold that Tū hoe custom was a relevant cultural consideration for an executor or executrix where one or more of the whānau pani of the deceased is Tūhoe and the deceased is Tūhoe under Tūhoe custom – Whether the Court of Appeal minority judgment raised important issues about the approach to findings of fact in the High Court[2011] NZCA  587   CA 525/2009
Result
A The application for leave to appeal is granted.
B The approved grounds of appeal are whether the Court of Appeal was correct to hold that New Zealand law entitled the executrix to determine disposal of the body of the deceased and whether it was correct to hold that the executrix is entitled to take possession of the body of the deceased notwithstanding its burial.  
28 March 2012
________________________________
A The appeal is dismissed.
B  The first respondent is entitled to proceed under the exhumation licence to have Mr Takamore reburied in a place of her choosing.
C  The matter is remitted back to the High Court in case any consequential orders are necessary.
D  Costs are reserved. 
18 December 2012
Transcripts
Media Releases
Substantive judgment
TAKAMORE v CLARKE SC 131/2011 [18 December 2012] (PDF, 556 KB)
Case name
Robert Erwood v Raylee Harley and the Official Assignee
Case number
SC 132/2011
Summary
Civil Appeal – Disbursements – Appeal against a decision of the Court of Appeal which set aside the Registrar’s decision to award $1,000 in disbursements to the applicant – The Court of Appeal declined to recall the decision when presented with new information in relation to this matter – Whether an unrepresented litigant can be awarded costs or disbursements relating to legal advice obtained for the purposes of litigation when the order only covered “usual disbursements” as defined – Whether this matter should be remitted back to the Court of Appeal for full panel hearing.[2011] NZCA  370   CA 260/2009
Dates
Application for leave to appeal dismissed.
24 April 2012.
Case name
Pawel Marian Misiuk v The Queen
Case number
SC 133/2011
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990, s 24(d) – Appeal against the decision of the Court of Appeal, which dismissed the applicant’s appeal against conviction and sentence – Whether there was a breach of the New Zealand Bill of Rights Act 1990, s 24(d) – Applicant claims not to have access to files and computer facilities[2011] NZCA  663   CA 307/2011
Hearing
Application for leave to appeal  dismissed.
21 June  2012.
Dates
Application for recall dismissed.
5 April 2012.
Case name
Courtney Pauline Churchward v The Queen
Case number
SC 134/2011
Summary
Criminal – Conviction – Murder – Whether Court of Appeal erred in dismissing appeal against conviction – Whether Court of Appeal took correct approach to directions concerning accused’s youth and possible effect on intent – Availability of diminished responsibility defence.[2011] NZCA  531  CA 610/2010
Dates
Application for leave to appeal dismissed.
5 April 2012.
Case name
Albert John Rhodes v The Queen
Case number
SC 1/2010
Summary
Criminal – appeal against sentence – convictions for manufacture and supply of methamphetamine – applicant was sentenced to an effective term of life imprisonment – whether the Court of Appeal erred in determining that the sentence was not manifestly excessive and wrong in principle.[2009] NZCA 486   CA 91/2009  19 October 2009
Leave judgment - leave dismissed
RHODES V R SC 1/2010 [12 March 2010] (PDF, 11 KB)
Dates

Application for leave to appeal dismissed.

12 March 2010
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