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
Vai Feterika v The Queen
Case number
SC 31/2008
Summary
Criminal Appeal – sentence appeal – wounding with intent to cause grievous bodily harm – whether the sentencing judge gave appropriate consideration to the applicant’s youth and the need for rehabilitation – applicant sentenced to 10 years imprisonment while the principle offender was sentenced to only five and a half years – whether disparity between the offenders is a miscarriage of justice. [2008] NZCA 127 CA 422/07 20 May 2008
Leave judgment - leave dismissed
FETERIKA v R SC 31/2008 [27 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
27 August 2008.
27 August 2008.
Case name
Deborah Gordon-Smith v The Queen
Case number
SC 32/2008
Summary
Criminal – Appeal by way of case stated – Juries Act 1981 – Challenge under New Zealand Bill of Rights Act 1990, Privacy Act 1993 and Criminal Records (Clean Slate) Act 2004 to legality and fairness of jury-vetting by Police so as to provide Prosecutor with information including, but not limited to, non-disqualifying criminal histories of persons on jury list – Jurisdiction – Leave on same grounds as King v R (SC 18/2008) sought – Jurisdiction issue relevant to King case sole reason for application for leave and to be included as a party to King case.[2008] NZCA 79 CA 207/2007 10 April 2008
Media Releases
- media release gordon smith (PDF, 87 KB)
Substantive judgment
GORDON-SMITH v R SC 32/2008 [23 March 2009] (PDF, 108 KB)
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Dates
25 July 2008 – Application for leave to appeal granted.
______________________
Appeal dismissed.
23 March 2009
Transcription
Hearing date : 3 December 2008
Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ.
Case name
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154 CA 227/07 6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
- Hearing date 2 December 2008 (PDF, 186 KB)
Media Releases
- sc 33 2008 aylwin v new zealandpolice (PDF, 87 KB)
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
Case name
Jonathan John Edward Belcher v The Queen
Case number
SC 34/2008
Summary
Criminal – appeal against conviction – indecent assault and sexual violation – whether the Court of Appeal was correct to find that the trial Judge did not need to dismiss the jury when the appellant alleged he knew a juror – whether the Court of Appeal was right in holding that there was evidence to convict.
Leave judgment - leave dismissed
BELCHER v R SC 34/2008 [27 March 2009] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
27 March 2009
Case name
Hawthorne v Cox
Case number
SC 35/2008
Summary
Civil appeal – costs orders – appeal from decision of the Court of Appeal to refuse leave to appeal from a decision of the High Court not to award costs in favour of the appellant who had successfully challenged a guardianship order – whether leave required when appealing a costs order originating in an appeal – whether the Court of Appeal’s decision not to award costs to the appellant was in the best interests of the child who was the subject of the guardianship order – whether counsel for the child should be immune from a cost order unless there is bad faith or clear incompetence – whether costs may be determined without the need to be heard.[2008] NZCA 146 CA 509/07 4 June 2007
Leave judgment - leave dismissed
G v COX And Anor SC 35/2008 [27 August 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed, with cocts of $2,500 to the first respondent.
27 August 2008
Case name
EW and PW v Attorney-General
Case number
SC 36/2008
Summary
Civil Appeal – Appeal directly from High Court – Negligence – whether only nominal damages should be awarded for a breach of duty of care in child welfare cases unless the duty required the defendant to commence proceedings – whether there was a duty to commence proceedings – whether vicarious liability exists where child is placed back with family from whom they have been removed – whether test of causation correctly applied – Limitation Act 1950 – whether reasonable discoverability test should be expanded beyond sexual abuse cases – whether reasonable discoverability and disability tests were correctly applied – whether facts supported a finding of exemplary damages – whether a non-delegable duty of care existed – whether applicants were falsely imprisoned when held in secure units – whether applicants were required to prove a ‘ counter-factual’ to justify an award of damages – whether the ACC legislation barred the applicant’s claims – whether High Court made correct findings of fact – whether exceptional circumstances exist to justify an appeal directly to the Supreme Court.CIV 199-485-85 and CIV 2001 - 485 - 864 Wellington High Court28 November 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
15 August 2008
Case name
Commerce Commission v Infratil Limited
Case number
SC 37/2008
Summary
Civil – Appeal – Trade Practices – Competition – Appropriate test for accessory liability in context of Commerce Act 1986 – Whether Court of Appeal erred in law in departing from orthodox test for accessory liability in Commerce Act context and in applying a test that required knowledge of the facts at a higher level of detail than is required by the orthodox test – Whether the Court of Appeal erred in law in treating a defendant’ s belief that there was no breach of s 47 of the Commerce Act as a relevant factor in applying the orthodox test for accessory liability.
Leave judgment - leave dismissed
Dates
Application for leave to appeal is refused, with costs $2,500 to the respondent.
19 September 2008
Case name
Wayne Thomas Patterson v The Queen
Case number
SC 38/2008
Summary
[Criminal – sentencing appeal – whether sentence manifestly excessive – the appropriate starting point for serious fraud – whether recovery of funds, under the Proceeds of Crimes Act 1991 or by any other way short of voluntary reparation, should be recognised in sentencing – the admissibility of extraneous material from a Victim Impact Statement under s 9 Evidence Act 2006, and its relationship with the provisions of the Sentencing Act 2002 – relevance, and proof, of overseas convictions in sentencing.[2008] NZCA 75 CA 573/07 31 March 2008
Leave judgment - leave dismissed
PATTERSON v R SC 38/2008 [28 August 2008] (PDF, 24 KB)
Dates
Application for leave to appeal is dismissed.
28 August 2008.
Case name
Qiwen Huang v The Manager of Custodial Services, Auckland Central Remand Prison
Case number
SC 39/2008
Summary
Habeas Corpus [2008] NZCA 225 CA 389/2008 9 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. 10 July 2008
Case name
New Zealand Recreational Fishing Council and New Zealand Big Game Fishing Council Inc v Sanford Limited, Sealord Limited and others
Case number
SC 40/2008
Summary
Civil appeal – Fisheries Act 1996 – statutory interpretation issues arising from review of Minister of Fisheries’ exercise of statutory power to fix the Total Allowable Catch (TAC) and Total Allowable Commercial Catch (TACC) – interpretation of the relationship between s 8 (providing that purpose of Act is to provide for utilisation of fisheries resources while ensuring sustainability) and s 21 (providing for matters which the Minister must take into account in setting the Total Allowable Catch) – specifically, whether the TAC and TACC decisions can be characterised as sustainability and utilisation decisions respectively – whether a “global approach” should be taken to the purpose provision whereby it is a guide to government policy that decision-makers are to bear in mind generally, or whether the provision contains mandatory relevant considerations to be taken into account in relation to individual decisions – how the purpose of enabling people to “provide for their social, economic and cultural wellbeing” in s 8(2) is to be interpreted – whether the common law right to fish extends to commercial fishers.[2008] NZCA 160 CA 163/07 11 June 2008
Result
Application for leave to appeal granted.
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
Media Releases
- big game fishing press release (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Transcription
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