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
Viliami One Fungavaka v The Queen
Case number
SC 60/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether charge under-particularised – Whether summing up defective – Whether Abdula v R [2011] NZSC 130, [2012] 1 NZLR 534 applied correctly.
Result
The application for leave to appeal is dismissed.
16 August 2017
16 August 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Rudi Hartono and Others v Ministry for Primary Industries and Sajo Oyang Corporation
Case number
SC 61/2017
Summary
Civil Appeal – Fisheries Act 1996, s 256 – Whether the Court of Appeal erred in its interpretation and application of the Fisheries Act to the claim for unpaid wages against a forfeited vessel.
Result
Leave to appeal is granted (Sajo Oyang Corp v Ministry for Primary Industries [2017] NZCA 182).
The approved question is whether the applicants have an interest in the Oyang 75 for the purposes of s 256 of the Fisheries Act 1996.
9 August 2017
________________________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside (save as to the direction that the proceedings be transferred to the High Court) and the judgment of the High Court is reinstated.
B The respondents are jointly and severally liable to pay the appellants costs of $25,000 together with reasonable disbursements to be fixed by the Registrar if necessary. We allow for second counsel.
C The appellants are entitled to costs in the Court of Appeal to be fixed by that Court.
D All issues as to costs in respect of the District Court and High Court are to be determined in the High Court.
2 March 2018
The approved question is whether the applicants have an interest in the Oyang 75 for the purposes of s 256 of the Fisheries Act 1996.
9 August 2017
________________________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside (save as to the direction that the proceedings be transferred to the High Court) and the judgment of the High Court is reinstated.
B The respondents are jointly and severally liable to pay the appellants costs of $25,000 together with reasonable disbursements to be fixed by the Registrar if necessary. We allow for second counsel.
C The appellants are entitled to costs in the Court of Appeal to be fixed by that Court.
D All issues as to costs in respect of the District Court and High Court are to be determined in the High Court.
2 March 2018
Transcripts
- Hearing date 14 November 2017 (PDF, 505 KB)
Media Releases
- MR [2018] NZSC 17 (PDF, 291 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Civil Aviation Authority of New Zealand v Heli-logging Limited (in rec and liq). And Mark Wayne Ford in his capacity as Trustee of the Wessex Trust, and Mark Wayne Ford
Case number
SC 62/2017
Summary
Civil Appeal – Limitation Act 1950, s 28 – Whether the Court of Appeal erred in finding that there was an arguable case for a postponement of the limitation period under s 28 of the Limitation Act 1950.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
31 August 2017
B Costs of $2,500 are awarded to the respondents.
31 August 2017
Leave judgment - leave dismissed
High Court decision
Case name
Lakes Edge Developments Limited v Kawarau Village Holdings Limited
Case number
SC 63/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding a decision refusing summary judgment – Whether Court of Appeal erred in its analysis of the tort of continuing trespass.
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed. 28 August 2017
Case name
Eli Devoy v The Queen
Case number
SC 64/2017
Summary
Criminal Appeal – Whether the High Court Judge erred in imposing a minimum period of imprisonment of at least one half of the sentence of five years’ imprisonment – Whether the Court of Appeal erred in dismissing the conviction appeal.
Result
The application for leave to appeal is dismissed. 6 November 2017
District Court decision
Not publicly available
Leave judgment - leave dismissed
ELI DEVOY v R [2017] NZSC 164 [6 November 2017] (PDF, 63 KB)
Judgment appealed from
Case name
The Attorney-General v Arthur William Taylor and Hinemanu Ngaronoa, Sandra Wilde, Kirsty Olivia Fensom and Claire Thrupp
Case number
SC 65/2017
Summary
Civil Appeal – Whether the Senior Courts have jurisdiction to make declarations that Acts of Parliament are inconsistent with the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s declaration that s 80(1)(d) of the Electoral Act 1993 is inconsistent with the right to vote affirmed and guaranteed in s 12(a) of the New Zealand Bill of Rights Act 1990 and cannot be justified under s 5 of that Act – (cross-appeal) Whether the Court of Appeal erred in holding that Mr Taylor did not have standing to seek a declaration of inconsistency.
Result
A The applications for leave to appeal by the Attorney General and Mr Taylor are granted.
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of inconsistency; and
(ii) Mr Taylor has standing.
30 August 2017
_____________________________
A The appeal is dismissed.
B The cross-appeal is allowed. Mr Taylor accordingly has standing.
C Costs are reserved.
9 November 2018
____________________________
A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
C Any issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
27 February 2019
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of inconsistency; and
(ii) Mr Taylor has standing.
30 August 2017
_____________________________
A The appeal is dismissed.
B The cross-appeal is allowed. Mr Taylor accordingly has standing.
C Costs are reserved.
9 November 2018
____________________________
A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
C Any issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
27 February 2019
Transcripts
- Hearing date 6 - 7 March 2018 (PDF, 1.1 MB)
Media Releases
- MR [2018] 104 (PDF, 290 KB)
High Court decision
Leave judgment - leave granted
Substantive judgment
Additional document
Case name
Akuhatua Tihi v The Queen
Case number
SC 66/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether there was a breach of s 32 of the Evidence Act 2006 leading to a miscarriage of justice.
Result
The application for leave to appeal is dismissed.
21 September 2017
21 September 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tania Joy Lamb v The Attorney General
Case number
SC 67/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in reversing the High Court decision giving the applicant an extension of time to apply for a review of an Associate Judge’s decision striking out the applicant’ s claim on the basis of limitation periods.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent. 29 August 2017
B The applicant is to pay costs of $2,500 to the respondent. 29 August 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Craig Alexander Sanson and David John Bridgman v Ebert Construction Limited
Case number
SC 68/2017
Summary
Civil Appeal – Companies Act 2006 – Whether the Court of Appeal erred in finding that the payments were not made by the insolvent company – Whether the Court of Appeal erred in finding that the respondent did not receive more than they would have in liquidation – Whether the Court of Appeal erred in finding that a transaction was not an insolvent transaction.
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
High Court decision
Judgment appealed from
Case name
Stanley Allen Gilmour v Chief Exectuive of the Department of Corrections
Case number
SC 69/2017
Summary
Criminal Appeal – Parole Act 2002, s 43(1)(c) – Parole Assessment Reports – Whether the Court of Appeal erred in its interpretation of s 43(1)(c).
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
B The applicant must pay the respondent costs of $2,500.
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Page 98 of 250