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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
Philip James Whitley v The Queen
Case number
SC 12/2010
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the decision of the District Court ordering a judge only trial under s 361D of the Crimes Act 1961; whether the denial of a jury trial was a justifiable limitation on the right to a jury under s 24(e) of the New Zealand Bill of Rights Act 1990.[2009] NZCA 623  CA 530/2008   22 December 2009
Leave judgment - leave dismissed
WHITLEY v R SC 12/2010 [18 March 2010] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.

18 March 2010. 
Case name
Terry Alan Merrilees v The Queen
Case number
SC 13/2010
Summary
Criminal Appeal – Sexual offences – Whether the Court of Appeal erred in dismissing the appeal against conviction and sentence – Whether miscarriage of justice will result unless guilty pleas are impugned and set aside – Whether trial counsel acted competently. [2009] NZCA 59  CA 394/2008   6 March 2009
Leave judgment - leave dismissed
MERRILEES v R SC 13/2010 [8 July 2010] (PDF, 38 KB)
Dates

Application for leave to appeal dismissed.

8 July 2010. 
Case name
Jason Mark Ferguson  v The Queen
Case number
SC 14/2010
Summary
Criminal Appeal – Murder – Provocation – Whether defendant’ s confession to police admissible given his intellectual disability (defendant seeks to adduce new evidence) – Whether sentence of detention in secure care should be substituted pursuant to the Intellectual Disabilities (Compulsory Care and Rehabilitation) Act 2003 and Criminal Procedure (Mentally Impaired Persons) Act 2003 – Whether substitution of sentence is required under the International Covenant on Civil and Political Rights and the New Zealand Bill of Rights Act 1990.[2010] NZCA 2  CA 594/2008   3 February 2010.
Leave judgment - leave dismissed
FERGUSON v R SC 14/2010 [29 July 2010] (PDF, 47 KB)
Dates

Application for leave to appeal  is dismissed.

29 July 2010.
Case name
Brendon Douglas Forrest v The Queen
Case number
SC 15/2010
Summary
Criminal - Sentencing – Whether the Court of Appeal failed to consider the aggregate term of the appellant’s sentences – Whether the Court of Appeal erred in its interpretation of Sentencing Act principles – Whether the Court of Appeal failed to lend appropriate weight to the appellant’ s mental condition.[2010] NZCA 34   CA 626/2009  26 February 2010.
Leave judgment - leave dismissed
FORREST v R SC 15/2010 [21 April 2010] (PDF, 39 KB)
Dates

Application for leave to appeal dismissed.

21 April 2010.   
Case name
Rodney Paul Taniwha v The Queen
Case number
SC 16/2010
Summary
Criminal Appeal – Crimes Act 1961 – Sexual violation by rape – whether the Court of Appeal erred in approving the trial Judge’ s direction as to the meaning and application of s 128 of the Crimes Act 1961 – whether the trial Judge was required, in the context of her direction, to additionally direct the jury to acquit the applicant if it thought that there was a reasonable possibility that the applicant reasonably believed the complainant consented to the sexual intercourse[2010] NZCA 15   CA 449/2009  19 February 2010.
Leave judgment - leave dismissed
TANIWHA v R SC 16/2010 [12 May 2010] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.

12 May 2010.
Case name
Kimberly Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Incorporated
Case number
SC 17/2010
Summary
Civil Appeal – Whether the High Court (Access to Court Documents) Amendment Rules 2009 and the Court of Appeal (Access to Court Documents) Rules 2009 are valid; whether the application of those Rules had a prejudicial effect on the preparation of the appellant’s case. [2009] NZCA 619 CA 793/2009
Leave judgment - leave dismissed
BIRKENFELD v KENDALL AND ANOR SC 17/2010 [21 April 2010] (PDF, 42 KB)
Dates

Application for leave to appeal dismissed. No order for costs.

21 April 2010.
Case name
Ai Nee Chean v Herald Victor De Alwis and others
Case number
SC 18/2010
Summary
Civil Appeal – Whether summary judgment in High Court against Appellant in relation to sixth Respondent should be overturned – Whether Court of Appeal erred in affirming issue estoppel in respect of an original default judgment under s 37 Securities Act 1978 – Whether Court of Appeal misapplied the doctrine of issue estoppel by applying it to a default judgment, or holding that Appellant was a privy, or wrongly finding that the original Judge was not misled on facts, or failing to consider equitable doctrine of “clean hands” – Whether issue estoppel contrary to the NZ Bill of Rights Act.[2010] NZCA 30  CA 458/2008
Leave judgment - leave dismissed
CHEAN v DE ALWIS And Ors SC 18/2010 [18 May 2010] (PDF, 16 KB)
Dates

Application for leave dismissed.

Costs $2,500 to the sixth respondent.

18 May 2010.
Case name
Jamie Ronaki Kissling v The Queen       
Case number
SC 19/2010
Summary
Criminal – Production and possession of methamphetamine – Lack of evidence – Whether the Court of Appeal, having quashed the charge of manufacturing methamphetamine for want of evidence, erred in refusing to quash the charges relating to possession of precursor equipment and methamphetamine[2009] NZCA 289   CA 5/2009
Leave judgment - leave dismissed
KISSLING v R SC 19/2010 [9 June 2010] (PDF, 34 KB)
Dates

Application for leave to appeal dismissed.

9 June 2010.
Case name
Cyndi Marcia Fairburn v The Queen
Case number
SC 20/2010
Summary
Criminal – Murder – Whether the Court of Appeal erred in law by refusing to allow fresh evidence from expert witnesses[2010] NZCA 44   CA 169/2009
Result
 

Further evidence is admitted.

The appeal is allowed and the conviction is quashed.

A new trial is ordered.

17 December 2010.
Hearing

29 and 30 November 2010.

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Dates

The application for leave to appeal is granted

The approved ground is whether, in the light of the further evidence tendered in this Court and in the Court of Appeal, there has been a miscarriage of justice

18 June 2010
Case name
Daniel Thomas Spencer Riddiford and Yvonne Ada Riddiford an d another v Her Majesty’s Attorney-General
Case number
SC 21/2010
Summary
Civil – application for special leave to appeal High Court decision relating to a claim for compensation in respect of the acquisition of an esplanade reserve – Whether the High Court erred in not reversing an order of the Land Valuation Tribunal awarding costs against the applicant – Whether the High Court erred in declining to allow a rehearing – whether the High Court and the Tribunal erred in their determination of a number of other related mattersCiv 2006 485 833 – 22 May 2009
Leave judgment - leave dismissed
RIDDIFORD And Anor v ATTORNEY-GENERAL SC 21/2010 [25 May 2010] (PDF, 10 KB)
Dates

Application for leave to appeal dismissed.

Costs $2.500 to the respondent.

26 May 2010.
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