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.
22 November 2024
Case information summary 2024 (as at 22 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 22 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Tania Joy Lamb v Massey University
Case number
SC 64/2006
Summary
Civil –judicial review of decisions in respect of appellant’ s training for primary teaching – allegation that conduct of respondent and High Court Judge impacted negatively on case – whether High Court failed to take into account relevant material – whether breach of natural justice by the respondent in excluding the applicant from study.High Court Palmerston North 19 October 2004
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Leave judgment - leave dismissed
Case name
Michael John Jones v The Queen
Case number
SC 65/2006
Summary
Criminal – defendant pleaded guilty on arraignment to counts of assault with a weapon and threatening to kill – whether Court of Appeal erred in dismissing appeal against conviction on the ground of undue delay. CA 27/06 25 July 2006
Result
10 October 2006
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Judgment appealed from
Case name
Darryl Shane Wilson v The Queen
Case number
SC 66/2006
Summary
Criminal appeal – appeal against sentence – whether application of sentencing guidelines in R v Taueki [2005] 3 NZLR 372 to offending which took place before the issue of that decision is contrary to the prohibition on retrospective increases in penalty in s 25(g) of the New Zealand Bill of Rights Act, s 6(1) of the Sentencing Act 2002, various international covenants, and/or good sentencing practice/fairness.CA 334/05 31 July 2006
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Leave judgment - leave dismissed
WILSON V R SC 66/2006 [18 October 2006] (PDF, 19 KB)
Case name
Kahala Holdings Limited (formerly Nalder & Biddle (Nelson) Limited v C & F Fishing Ltd
Case number
SC 67/2006
Summary
Civil – contract – incorporation of exclusion clauses – whether Court of Appeal erred in finding clauses had not been sufficiently brought to the attention of the respondent – whether Court of Appeal erred in effectively applying a two-stage test to the incorporation of the conditions in question – whether conditions were unusual or onerous in the circumstances. CA 145/05 31 July 2006
Result
Applications for leave to appeal and cross appeal dismissed.
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Noel Clement Rogers v Television New Zealand Limited
Case number
SC 68/2006
Summary
Civil – privacy – freedom of expression – order for permanent injunction, suppressing publication of video tape, made by High Court and quashed by Court of Appeal – tape contained reconstruction of murder by applicant – tape ruled inadmissible at murder trial due to breaches of New Zealand Bill of Rights Act 1990 – applicant acquitted at trial – claim that publication of tape would constitute unlawful interference with applicant’s privacy – whether Court of Appeal erred in giving insufficient weight to principles of proper and fair administration of justice – applicability of defence of legitimate public concern – threshold for prior restraint. CA 12/06 7 August 2006
Result
Application for leave to appeal granted. 17 October 2006
___________________
Appeal dismissed. No order as to costs.
16 November 2007
___________________
Appeal dismissed. No order as to costs.
16 November 2007
Media Releases
- MR [2007] NZSC 91 (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Brent John Gilchrist v The Queen
Case number
SC 69/2006
Summary
Criminal – Tax Administration Act – tax evasion – applicant convicted of knowingly failing to provide Commissioner of Inland Revenue with information when required to do so pursuant to a notice to furnish information – standard of proof of delegation of authority from Commissioner – standard of intent to evade payment of tax.CA 29/06 18 August 2006
Result
Application for leave to appeal granted.
29 September 2006
________________
Appeal dismissed.
15 December 2006
Transcript
Substantive judgment / Media release
Leave judgment - leave granted
Judgment appealed from
Case name
Alain Michael Yves Mafart and Dominique Angela Francoise Prieur v Television New Zealand Limited
Case number
SC 70/2006
Summary
Civil – Criminal Proceedings (Search of Court Records) Rules 1974 – video footage of guilty pleas in 1985 trial for bombing of Rainbow Warrior – whether Court of Appeal erred in failing adequately to take account of the administration of justice – whether Court of Appeal erred in failing to protect privacy interests of appellants, or in balancing those interests with freedom of information – whether Court of Appeal erred in departing from previous decisions in respect of the footage – whether Court of Appeal and High Court erred in failing to uphold assurance given to counsel by Judge in 1985 in respect of footage – whether assurance overtaken by consent orders.CA 92/05 7 and 10 August 2006
Result
Application for leave to appeal dismissed. Costs of $2,500 to respondent. 26 September 2006
Judgment appealed from
Leave judgment - leave dismissed
Case name
Myles James de Montalk v The Queen
Case number
SC 71/2006
Summary
Criminal – application for leave to appeal out of time – whether Court of Appeal’s alleged refusal to disclose evidence was tainted by racial, religious, or ethnical bias – whether Court of Appeal thereby in breach of New Zealand Bill of Rights Act 1990, s 25(a).CA 11/04 27 June 2006
Result
Application for leave to appeal dismissed.
18 October 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kimberley Birkenfeld v Yachting New Zealand Inc
Case number
SC 72/2006
Summary
Civil – application by respondent for decree limiting its liability – whether Court of Appeal was correct in holding that a rigid inflatable boat (under 24m in length) is a ‘ship’ for the purposes of the application of s 85 of the Maritime Transport Act 1994 – whether purpose of Limitation Convention to facilitate commercial shipping – application of the International Convention on Tonnage Measurement of Ships.CA 171/05 9 August 2006
Result
Application for leave to appeal dismissed. Costs $1,500 to respondent. 10 November 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Michael Frank Templeton v The Queen
Case number
SC 73/2006
Summary
Criminal – appeal against conviction and sentence – party to firearms offences – counsel incompetence – whether trial counsel misled or pressured applicant into not giving evidence – whether applicant fit to stand trial – whether sentence manifestly excessive. CA 460/05 6 July 2006
Result
Application for leave to appeal dismissed.
16 February 2007
16 February 2007
Court of Appeal decision
Leave judgment - leave dismissed
TEMPLETON v R SC 73/2006 [16 February 2007] (PDF, 15 KB)
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