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.
24 June 2024
Case information summary 2024 (as at 21 June 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024) – Cases where leave to appeal decision not yet made (PDF, 125 KB)
All years
Case name
David Stanley Tranter v The Queen
Case number
SC 35/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction(s) – Whether there were sufficient grounds to impose a sentence of preventive detention.
Result
The application for leave to appeal is dismissed.
12 December 2017
12 December 2017
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
Matthew Richard Brown v New Zealand Police
Case number
SC 36/2017
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in declining leave to bring second appeals against conviction and sentence.
Result
The application for leave to appeal is dismissed.
18 August 2017
18 August 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council
Case number
SC 37/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles
Result
A Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
Transcripts
- Hearing date 10 - 11 August 2017 (PDF, 853 KB)
Media Releases
- MR [2017] NZSC 190 (PDF, 280 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
R v The Queen
Case number
SC 38/2017
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 trial. Publication in law report or law digest permitted.[2017] NZCA 55 CA606/2016
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 trial. Publication in law report or law digest permitted.
7 June 2017
Judgment appealed from
[2017] NZCA 55 not publicly available
Lower court judgment
R v [S] DC Auckland CRI-2008-090-3508, 18 May 2010, not publicly available
Case name
S v The Queen
Case number
SC 39/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether cross examination of witnesses was adequate.
Result
A The application for an extension of time to apply for leave to appeal is allowed.
B The application for leave to appeal is dismissed.
_________________________________________________
A The application for an oral hearing is dismissed.
B The application for appointment of counsel as amicus curiae is dismissed.
C The application for recall of this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.
17 February 2022
________________________________________________
A The application for recall of this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.
B We direct the Registrar to reject any further applications related to this Court’s judgment of 16 November 2017.
10 May 2022
B The application for leave to appeal is dismissed.
_________________________________________________
A The application for an oral hearing is dismissed.
B The application for appointment of counsel as amicus curiae is dismissed.
C The application for recall of this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.
17 February 2022
________________________________________________
A The application for recall of this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.
B We direct the Registrar to reject any further applications related to this Court’s judgment of 16 November 2017.
10 May 2022
Leave judgment - leave dismissed
S (SC 39/2017) v R [2017] NZSC 169 [16 November 2017] (PDF, 210 KB)
Recall judgment
S (SC 39/2017) v R [2022] NZSC 7 [17 February 2022] (PDF, 42 KB)
Recall judgment
S (SC 39/2017) v R [2022] NZSC 57 [10 May 2022] (PDF, 189 KB)
Judgment appealed from
Case name
F v The Queen
Case number
SC 40/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.
Result
A The application for an extension of time to appeal is allowed. B The application for leave to appeal is dismissed.
13 April 2018
13 April 2018
Leave judgment - leave dismissed
F (SC 40/2017) v R [2018] NZSC 29 [13 April 2018] (PDF, 208 KB)
Judgment appealed from
not publicly available
Case name
John Archibald Banks v The Queen
Case number
SC 41/2017
Summary
Criminal Appeal – Costs in Criminal Cases Act 1967, s 5 – Whether the Court of Appeal and High Court erred in declining to award costs to the applicant following his acquittal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondent of $2,500.
28 June 2017
B The applicant must pay costs to the respondent of $2,500.
28 June 2017
High Court decision
Leave judgment - leave dismissed
JOHN ARCHIBALD BANKS v R [2017] NZSC 98 28 June 2017 (PDF, 84 KB)
Judgment appealed from
Case name
Mathew Ngatai Te Moanaui v The Queen
Case number
SC 42/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation of s 202C of the Crimes Act 1961.
Result
The application for leave to appeal is dismissed.
20 June 2017
20 June 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tony Douglas Robertson v The Queen
Case number
SC 43/2017
Summary
Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.
Result
The application for an extension of time to file the application for leave is granted.
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Michael John Denney v The Queen
Case number
SC 44/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal.
Result
The application for leave to appeal is dismissed.
9 June 2017
9 June 2017
Leave judgment - leave dismissed
MICHAEL JOHN DENNEY v R [2017] NZSC 85 9 June 2017 (PDF, 71 KB)
Judgment appealed from
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