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
Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Trustees of the Te Kaweray Iwi Tribal Authority and Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Truste
Case number
SC 9/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Taua v Tahi Enterprises Ltd [2020] NZCA 639).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
15 July 2021
_____________________________________________________________
A The appeal is allowed to the extent that, by consent, the orders made in the High Court and the Court of Appeal granting discovery of the register of iwi members are set aside and the other orders set out below at [16] are substituted.
B Leave is reserved to the parties and any member of the iwi to apply to the High Court for modifications of these orders. The High Court may make such orders, including any additional or ancillary orders.
C There is no order as to costs in this Court. The costs orders made in the Court of Appeal on the appeal in that Court in favour of the respondents are set aside. The respondents must pay the appellants costs in that Court calculated for a standard appeal on a band A basis and usual disbursements. The costs orders made in the High Court stand.
15 December 2021
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
15 July 2021
_____________________________________________________________
A The appeal is allowed to the extent that, by consent, the orders made in the High Court and the Court of Appeal granting discovery of the register of iwi members are set aside and the other orders set out below at [16] are substituted.
B Leave is reserved to the parties and any member of the iwi to apply to the High Court for modifications of these orders. The High Court may make such orders, including any additional or ancillary orders.
C There is no order as to costs in this Court. The costs orders made in the Court of Appeal on the appeal in that Court in favour of the respondents are set aside. The respondents must pay the appellants costs in that Court calculated for a standard appeal on a band A basis and usual disbursements. The costs orders made in the High Court stand.
15 December 2021
Date of hearing
19 November 2021
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France, Williams JJ
Transcripts
- Hearing date 18 May 2021 (PDF, 202 KB)
- Hearing date 19 November 2021 (PDF, 279 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme court decision
Case name
Katharine Elizabeth Preston v Grant Lee Preston and Grant Lee Preston and Fisher Partners Limited as Trustees of the Grant Preston Family Trust
Case number
SC 10/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Preston v Preston [2020] NZCA 679).
B The approved question is whether the Court of Appeal was correct to dismiss Ms Preston’s appeal in relation to her claim for an award of part of the assets of the Grant Preston Family Trust under s 182 of the Family Proceedings Act 1980.
12 May 2021
____________________________________________________________
A The appeal is allowed.
B Orders are made that the Grant Preston Family Trust pay the Huntbos Family Trust $141,000 and release any claim to the $192,000 of the funds held on joint account (the Grant Preston Family Trust share of these funds is $102,000 and the Huntbos Family Trust share is $90,000).
C The Grant Preston Family Trust deed is amended by removing the appellant as a discretionary beneficiary.
D Leave is reserved to the parties to seek further directions or orders that may be necessary to give effect to this judgment.
E The first respondent must pay the appellant costs of $25,000 plus usual disbursements. We certify for second counsel. Unless the parties can agree, costs in the Courts below are to be redetermined in those Courts in accordance with this judgment.
9 November 2021
B The approved question is whether the Court of Appeal was correct to dismiss Ms Preston’s appeal in relation to her claim for an award of part of the assets of the Grant Preston Family Trust under s 182 of the Family Proceedings Act 1980.
12 May 2021
____________________________________________________________
A The appeal is allowed.
B Orders are made that the Grant Preston Family Trust pay the Huntbos Family Trust $141,000 and release any claim to the $192,000 of the funds held on joint account (the Grant Preston Family Trust share of these funds is $102,000 and the Huntbos Family Trust share is $90,000).
C The Grant Preston Family Trust deed is amended by removing the appellant as a discretionary beneficiary.
D Leave is reserved to the parties to seek further directions or orders that may be necessary to give effect to this judgment.
E The first respondent must pay the appellant costs of $25,000 plus usual disbursements. We certify for second counsel. Unless the parties can agree, costs in the Courts below are to be redetermined in those Courts in accordance with this judgment.
9 November 2021
Date of hearing
03 August 2021
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 3 August 2021 (PDF, 444 KB)
Media Releases
- MR [2021] NZSC 154 (PDF, 195 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Jesse Shane Kempson v The Queen
Case number
SC 11/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
29 June 2021
B The application for leave to appeal is dismissed.
29 June 2021
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
JESSE SHANE KEMPSON v R [2021] NZSC 74 [29 June 2021] (PDF, 208 KB)
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 12/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
Transcripts
- Hearing date 22 June 2021 (PDF, 229 KB)
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Recall judgment
Case name
Trevor James Murray v West Coast Holdings Limited
Case number
SC 13/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is dismissed.
B There is no order as to costs.
3 June 2021
__________________________________________________________
A The application for recall of this Court’s judgment of 3 June 2021 (Murray v West Coast Holdings Ltd [2021] NZSC 55) is dismissed.
B There is no order as to costs.
9 September 2021
B There is no order as to costs.
3 June 2021
__________________________________________________________
A The application for recall of this Court’s judgment of 3 June 2021 (Murray v West Coast Holdings Ltd [2021] NZSC 55) is dismissed.
B There is no order as to costs.
9 September 2021
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
W (SC 14/2021) v The Queen
Case number
SC 14/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
25 May 2022
B The application for leave to appeal is dismissed.
25 May 2022
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
W (SC 14/2021) v R [2022] NZSC 66 [25 May 2022] (PDF, 50 KB)
Case name
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment
Case number
SC 15/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Ltd [2021] NZCA 1).
B The approved question is whether the Court of Appeal correctly answered the questions of law submitted for determination by it.
6 May 2021
___________________________________________________________
A We amend the answer given by the Court of Appeal to the first of the questions submitted for determination by that Court so that it reads:
Payments are “a regular part of the employee’s pay” if they are of a kind made regularly when assessed against the standard of a four-week period.
That apart, the appeal is dismissed.
B The appellant must pay the respondent costs of $15,000 plus usual disbursements.
15 November 2021
B The approved question is whether the Court of Appeal correctly answered the questions of law submitted for determination by it.
6 May 2021
___________________________________________________________
A We amend the answer given by the Court of Appeal to the first of the questions submitted for determination by that Court so that it reads:
Payments are “a regular part of the employee’s pay” if they are of a kind made regularly when assessed against the standard of a four-week period.
That apart, the appeal is dismissed.
B The appellant must pay the respondent costs of $15,000 plus usual disbursements.
15 November 2021
Date of hearing
01 July 2021
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 1 July 2021 (PDF, 391 KB)
Media Releases
- MR 2021 NZSC 157 (PDF, 250 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
P v New Zealand Police
Case number
SC 16/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial. Publication in law report or law digest permitted.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 17/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Recall judgment
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 18/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
Recall judgment
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
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