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
Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 17/2006
Summary
Civil - allotment of participatory securities - numerous causes of actions brought against respondents alleging, among other things, an allotment in breach of Securities Act 1978, s 37(2), and issuing a prospectus containing untrue statements in breach of Securities Act 1978, s 56 - causes of action struck out as an abuse of process, being time barred pursuant to the Limitation Act 1950 - whether the doctrine of “reasonable discoverability” should apply to all causes of action. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Substantive judgment
Leave judgment - leave granted
Judgment appealed from
Case name
Fiona Prasad v Chief Executive of the Ministry of Social Development
Case number
SC 18/2006
Summary
Civil – social security – beneficiary owner and mortgagor of two flats on same property – beneficiary living in one flat and renting the other out – whether beneficiary’s “accommodation costs” encompasses total outgoings on the property, or only that portion of the outgoings referable to the flat occupied as a home – meaning of “premises” – Social Security Act 1964, s 61E CA 119/04 22 December 2005
Result
Leave to Appeal dismissed.
10 April 2006
10 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Timothy Holden Tipple v The Queen
Case number
SC 19/2006
Summary
Criminal – appeal against conviction and sentence for dealing with a firearm with reckless disregard for the safety of others – Arms Act 1983, s 53(3) – whether purposive approach should be taken to interpretation of criminal offences – meaning of “reckless disregard” – whether recklessness has objective component – whether “deals with a firearm” includes supervising third party use of the firearm – admissibility of evidence obtained by police prior to cautioning – whether verdict unreasonable or not supported by the evidence – allegations of bad faith or bias against police and District Court Judge – consequences of amending indictment mid-trial – effect of facts proved at trial on sentencing – Sentencing Act 2002, s 24(1) – whether entitled to discharge without conviction – Sentencing Act 2002, s 106 CA 217/05 22 December 2005
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
TIPPLE v R SC 19/2006 [11 April 2006] (PDF, 17 KB)
Case name
Marlene Patricia Te Wii Haggie v Piki Tawhaki Haggie
Case number
SC 20/2006
Summary
Civil – appeal against Family Court decision on division of relationship property – whether Family Court had jurisdiction to make the orders it did – land listed as general land on certificate of title – argued by applicant in Family Court and High Court that land is customary Maori land and that both courts lacked jurisdiction to determine the issue – whether Privy Council retains inherent jurisdiction under Article the Third of the Treaty of Waitangi or under ss5 and 6 of the Imperial Laws Application Act to determine the status of land – whether status of the land is in question because Crown never “acquired tenure by fair purchase” – whether the extinguishment of the right of appeal to the Privy Council was in breach of Article the Third of the Treaty of Waitangi and the principles of equity in s99 Judicature Act 1908 – whether applicant entitled to appeal to the Privy Council for status orders declaring land in question Maori land – whether Privy Council remains the “court of last resort for native sovereign proprietors” of land – applicant seeks declaration that abolition of appeals to Privy Council ineffective in respect of “native sovereign proprietors”.
Result
Application for leave to amend the application for leave to appeal and Leave to Appeal both dismissed. Costs to respondent of $2,500.
10 May 2006
10 May 2006
Leave judgment - leave dismissed
HAGGIE V HAGGIE SC 20/2006 [10 May 2006] (PDF, 19 KB)
Case name
David John Young v The Queen
Case number
SC 21/2006
Summary
Criminal appeal - conviction under s 45(1) of the Arms Act 1983 for possession of an airgun except for some lawful, proper, and sufficient purpose - Court of Appeal dismissed appeal against conviction - whether Court of Appeal erred in interpretation and application of ss 42 and 48 of the Crimes Act 1961 - whether the Court of Appeal erred in interpretation and application of ss 4 and 27 of the New Zealand Bill of Rights Act 1990 - whether the Court of Appeal failed to address a ground of appeal. CA 266/05 8 March 2005CA
Result
Leave to Appeal dismissed.
6 June 2006
6 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
YOUNG V R SC 21/2006 [6 June 2006] (PDF, 16 KB)
Case name
T v The Queen
Case number
SC 22/2006
Summary
Criminal - appeal against conviction for permitting a girl under the age of 12 to do an indecent act upon the applicant - whether the Court of Appeal erred in determining that the trial Judge was correct in allowing the jury to view the complainant's videotaped interview during their deliberations - whether the Court of Appeal erred in finding that the trial Judge was not required to warn the jury not to give disproportionate weight to the evidence of the complainant, having seen it twice - whether the Court of Appeal correctly determined that a previous incident between the complainant and her mother related directly or indirectly to the sexual experience of the complainant under s23A Evidence Act, or was otherwise irrelevant. CA 455/06 2 March 2006CA
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
T v R SC 22/2006 [11 April 2006] (PDF, 18 KB)
Case name
Anthony Keith Peters v The Queen
Case number
SC 23/2006
Summary
Criminal law - appeal against order by Court of Appeal that there be a joint trial of applicant and another - whether trials of two accused on one count of murder should be severed - right to a fair trial - whether discretion of trial judge should have been interfered with - duty of Court of Appeal to give reasons - whether this Court has jurisdiction to hear an appeal against a pre-trial determination by the Court of Appeal. CA 430/05 22 March 2005CA
Result
Leave to Appeal dismissed.
7 June 2006
7 June 2006
Leave judgment - leave dismissed
Peters V R SC 23/2006 [7 June 2006] (PDF, 16 KB)
Case name
Kevin Jack Ngan v The Queen
Case number
SC 24/2006
Summary
Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21. CRI 2005 054 001296.
3 March 2006
3 March 2006
Result
Leave to Appeal directly to this Court dismissed.
12 June 2006
12 June 2006
High Court decision
Leave judgment - leave dismissed
NGAN v R SC 24/2006 [12 June 2006] (PDF, 22 KB)
Case name
Paper Reclaim Limited v Aotearoa International Limited
Case number
SC 25/2006
Summary
Civil – whether the Court of Appeal erred in finding that the appellant’ s liability to the respondent would be for lost commissions between 2 February 2001 and the end of a reasonable notice period – whether the letter of 2 February 2001 was a repudiation – whether damages recoverable are damages for that repudiation – basis upon which damages to be calculated – interrelationship between repudiation and resultant cancellation of a contract. CA 70/04 14 March 2006
Result
Leave to Appeal granted.
2 June 2006
2 June 2006
Transcripts
- Hearing date 9 February 2007 SC 25/2006 (PDF, 52 KB)
- Hearing date 5 March 2007 SC 25/ and SC 282006 (PDF, 604 KB)
Media Releases
- MR [2007] NZSC 26 (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
B v M
Case number
SC 26/2006
Summary
Civil appeal – Property (Relationships) Act 1976 – appeal against two judgments of the Court of Appeal dated 22 March 2006 and 29 March 2006 respectively – in relation to first judgment, whether the Court of Appeal erred in assessment of relationship property CA 13/05 22 March 2006
Result
Notice of Abandonment being lodged, the appeal is deemed to be dismissed. 18 June 2006
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