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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
Justin Leigh Harney v New Zealand Police
Case number
SC 64/2010
Summary
[2010] NZCA 264   CA 194/2010  1 July  2010
Result
Application for leave to appeal granted. The approved grounds are: (i)      Was the Court of Appeal correct to find that there was a “good reason” for not following a formal identification procedure pursuant to s 45(1) of the Evidence Act 2006? (ii)           If not, was the Court of Appeal correct to find that the circumstances in which the identification was made produced a reliable identification beyond reasonable doubt pursuant to s 45(2) of the Evidence Act? 13 August 2010 __________________ Appeal allowed. Convictions set aside. No order for a new trial.
16 September 2011
Leave judgment - leave granted
HARNEY V NEW ZEALAND POLICE SC 64/2010 13 August 2010 (PDF, 33 KB)
Substantive judgment / Media release

 
Transcript

Hearing date : 17 August 2011
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Judgment appealed from

 
Case name
D A Constable Syndicate 386 v Auckland District Law Society
Case number
SC 65/2010
Summary
Civil Appeal – contractual interpretation – whether the Court of Appeal erred in its interpretation of an indemnity clause in the Auckland District Law Society’s standard professional indemnity policy, namely whether the word “negligent” should be read as qualifying only the word “act” in the phrase “negligent act, error or omission” .[2010] NZCA 237   CA 565/2008   8 June  2010
Result
Notice of Abandonment being filed, the appeal is deemed to  be dismissed.
Dates

The application for leave to appeal is granted. 

The approved ground of appeal is whether the word “negligent” qualifies the words “error or omission” in the indemnity clause.

8 September 2010.
Case name
Robert Erwood v Janet Maxted and others
Case number
SC 66/2010
Result
The appeal is allowed.
The appeal to the Court of Appeal is reinstated. The proceeding is remitted to the Court of Appeal for hearing.
The costs order in the Court of Appeal is set aside.
18 March 2011
____________________________
The application by the first respondents for recall is dismissed.
15 July 2011
____________________________
Application by the appellant for recall is dismissed.
25 November 2015
Recall judgment
ROBERT ERWOOD v JANET MAXTED AND JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD [2015] NZSC 181 [25 November 2015] (PDF, 95 KB)
Leave judgment - leave granted
ERWOOD v MAXTED AND MAXTED GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD SC 66/2010 [30 November 2010] (PDF, 33 KB)
Substantive judgment
ROBERT ERWOOD v JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD SC 66/2010 [18 March 2011] (PDF, 61 KB)
Recall judgment
ERWOOD v MAXTED AND GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD SC 66/2010 [15 July 2011] (PDF, 40 KB)
Transcript

Hearing date : 18 March 2011

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Case name
Vincent Ross Siemer v The Chief Executive of the Department of Corrections
Case number
SC 67/2010
Summary
Civil Appeal – Habeas Corpus – Contempt of Court – Whether Court of Appeal properly applied Habeas Corpus Act 2001 to contempt order of Supreme Court in Siemer v Solicitor-General [2010] NZSC 54 – Whether Applicant given proper notice of details of breach of injunction – Whether Supreme Court contempt order founded on a proper evidential basis – Whether there now remains a lawful basis for Applicant to be detained – Whether Applicant was properly served with original injunction[2010] NZCA 292  CA 424/2010  7 July 2010
Leave judgment - leave dismissed
Siemer v The Chief Executive Of the Department Of Corrections SC 67/2010 [16 July 2010] (PDF, 9 KB)
Dates

Application for leave to appeal dismissed.        

16 July 2010.
Case name
Tower Insurance Limited v ANZ National Bank Limited and ING (NZ) Limited
Case number
SC 68/2010
Summary
Civil – Disclosure of Information – Whether the Court of Appeal erred in finding that Tower is obliged to deliver information on its insurance policies and client details to the respondents under its terminated agreements with the banks – Whether the Court of Appeal erred in finding that Tower is not prevented by the Privacy Act 1993 and the law of confidentiality from delivering that information – Whether the Court of Appeal erred in finding that the respondents were entitled to pass that information on to Vero Insurance New Zealand Ltd.[2010] NZCA 267  CA 194/2009  25 June  2010
Dates

Notice of abandonment being lodged, the appeal and cross appeal are  deemed to be dismissed. By consent, no order as to costs.

20 September 2010
Case name
John Hillary Corbett v Robert Corbett  Western and  Bruce Reginald Patterson
Case number
SC 69/2010
Summary
Civil appeal – applicant seeks leave to appeal a refusal by the Court of Appeal to grant leave for the bringing of an appeal to that Court[2010]  NZCA 270 25 June 2010
Leave judgment - leave dismissed
CORBETT v WESTERN AND PATTERSON SC 69/2010 [3 August 2010] (PDF, 7 KB)
Dates

Application for leave to appeal dismissed.

3 August 2010.
Case name
Philip John Smith v The Attorney-General
Case number
SC 71/2010
Summary
Civil Appeal – Whether the Court of Appeal denied the appellant the right to a fair hearing on account of bias, hostility and predetermining the appellant’s recusal applications; whether the Court of Appeal erred in holding that evidence tendered at the High Court was admissible; whether psychological reports of the appellant were obtained in breached s 11 of the New Zealand Bill of Rights Act 1990.[2010]  NZCA 258  23 June 2010
Leave judgment - leave dismissed
PHILIP JOHN SMITH v THE ATTORNEY-GENERAL SC 71/2010 [8 September 2010] (PDF, 63 KB)
Dates

Application for leave to appeal dismissed.

8 September 2010
Case name
Graeme John Ingram and Elizabeth Knee & Kip Investments Limited v Patrcroft Investments Limited
Case number
SC 72/2010
Summary
Civil Appeal – Contract – Respondent re-entered property on 14 June 2005, one day before entitled to cancel lease contract for failure by Appellants to pay rent arrears – Whether Respondent cancelled contract under s 8 Contractual Remedies Act 1979 on 15 June by remaining in occupation of the property – Whether Respondent must have been ready, willing and able to perform the contract when cancelling on 15 June – Whether Court of Appeal correct to say Appellants could have reserved their rights to cancel for Respondent’s repudiation by paying outstanding rent on 14 June.[2010]  NZCA 275 29 June 2010
Result
The application for leave to appeal is granted.
The approved ground is: In circumstances in which the respondent’s re-entry into the premises on 14 June 2005 was invalid, whether, and when, either of the parties thereafter validly terminated the lease.
27 September 2010
______________________
A The appeal is allowed and the orders made by the High Court are restored.
B The appellants are awarded costs of $15,000 together with their reasonable disbursements to be fixed if necessary by the Registrar.
C The costs order made by the Court of Appeal is reversed.  Any outstanding questions concerning interest and costs should be determined by the High Court.  
19 May 2011
Media Releases
Leave judgment - leave granted
INGRAM AND KNEE And Anor v PATCROFT PROPERTIES LIMI TED SC 72/2010 [27 September 2010] (PDF, 32 KB)
Substantive judgment
INGRAM AND KNEE v PATCROFT PROPERTIES LIMITED SC 72/2010 [10 May 2011] (PDF, 150 KB)
Transcript

Hearing date : 22 March 2011

Elias CJ,  Blanchard, Tipping, McGrath, William Young JJ.
Case name
TMT v The Queen
Case number
SC 73/2010
Summary
Criminal – Admissibility of evidence – Whether the Court of Appeal erred in ruling video evidence taken on private property during an undercover operation admissible.[2010]  NZCA 287  5 July  2010
Result

Appeal dismissed.

17 December 2010
Dates

Application for leave to appeal granted.

13 August 2010
Hearing

2 December 2010.

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
TRD v The Queen
Case number
SC 74/2010
Summary
Criminal Appeal – Implied licence to enter private property – whether a police officer acts within the terms of the implied licence at common law to enter private property when he enters with the purpose of investigating suspected criminal activity as well as the intention to communicate with the occupier of the property[2010]  NZCA 297  14 July  2010
Dates

Application for leave to appeal is dismissed.

8 September 2010
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