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Case information 2018

 

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Listed below are the substantive Supreme Court cases for 2018 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 2018 - 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.

Updated 16 August 2018     

 

Case number

SC 7/2018

Case Name M v The Queen

 

Case number

SC 10/2018

Case Name Northland Environmental Protection Society Incorporated v The Chief Executive of the Ministry for Primary Industries, Comptroller of Customs and The Chief Executive of the Ministry for Culture and Heritage.
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Forests Act 1949 and the Protected Objects Act 1975. 

Result

A Leave to appeal is granted (Northland Environmental Protection Society Incorporated v Chief Executive of the Ministry for Primary Industries [2017] NZCA 607).
B The approved questions are:
(a) Was the Court of Appeal correct in its interpretation of “finished or manufactured indigenous timber product” and the effect of the export restrictions in s 67C of the Forests Act 1949?
(b) Was the Court of Appeal correct to hold that some or all swamp kauri is not a “protected New Zealand object” as defined in s 2(1) of the Protected Objects Act 1975?
19 April 2018

Date of Hearing

20/06/2018

William Young, Glazebrook, O'Regan, Ellen France and Arnold JJ

High Court judgment

Northland Environmental Protection Society Inc. v Ministry of Primary Industries & Ors [2016] NZHC 308 [1 March 2017]

Judgment appealed from - Court of Appeal NORTHLAND ENVIRONMENTAL PROTECTION SOCIETY INC v THE CHIEF EXECUTIVE OF THE MINISTRY FOR PRIMARY INDUSTRIES [2017] NZCA 607 [19 December 2017]
Leave judgment - leave granted NORTHLAND ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED v CHIEF EXECUTIVE OF
THE MINISTRY FOR PRIMARY INDUSTRIES [2018] NZSC 36

 

Case number

SC 11/2018

Case Name Ngāi Tai Ki Tāmaki Tribal Trust v Minister of Conservation, Fullers Group Limited and Motutapu Island Restoration Trust
Summary

Civil Appeal – Conservation Act 1987 and Hauraki Gulf Marine Park Act 2000 – Whether the Court of Appeal erred in concluding that concessions to conduct guided tours over Rangitoto and Motutapu could be granted despite iwi objections.   

Result

A Leave to appeal is granted (Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2017] NZCA 613).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal of the applicant to that Court.                                 

8 May 2018 

Date of Hearing

14 and 15 August 2018

Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

High Court judgment

NGAI TAI KI TAMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2017] NZHC 300 [1 March 2017] 

Judgment appealed from - Court of Appeal NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2017] NZCA 613 [19 December 2017]
Leave judgment - leave granted NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2018] NZSC 41 [8 May 2018]

 

Case number

SC 21/2018

Case Name Colin Graeme Craig v Jordan Henry Williams
Summary

Civil Appeal – Defamation – Whether the Court of Appeal erred in setting aside the decision of the High Court to order a full retrial – (cross-appeal) Whether the Court of Appeal erred in upholding the High Court’s order setting aside the jury’s verdict on damages. 

Result

A Leave to appeal and leave to cross appeal is granted (Williams v Craig [2018] NZCA 31).
B The approved question is whether the Court of Appeal erred in allowing the appeal to that Court in part and dismissing the cross appeal to that Court.                                         
4 July 2018 

_________________

  

Hearing date

4 and 5 September 2018

Chief Justice, William Young, Glazebrook, Ellen France and Arnold JJ.

High Court judgment WILLIAMS v CRAIG [2017] NZHC 724 [12 April 2017]
Judgment appealed from - Court of Appeal

WILLIAMS v CRAIG [2018] NZCA 31 [5 March 2018]

Leave judgment - leave granted

CRAIG v WILLIAMS  [2018] NZSC 61 [4 July 2018]

 

 
Case number

SC 22/2018

Case Name Jeremy James McGuire v The Secretary for Justice
Summary

Civil Appeal – Legal Services Act 2011 – Whether the Court of Appeal erred in striking out the applicant’s application for judicial review – Whether a self-represented litigant who is a practising lawyer can receive a costs award. 

Result

A Leave to appeal is granted (McGuire v The Secretary for Justice [2018] NZCA 37)
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross-appeal        

12 June 2018

Hearing date

1 August 2018

Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

High Court judgment JEREMY JAMES MCGUIRE v THE SECRETARY FOR JUSTICE [2017] NZHC 365 [7 March 2017]  
Judgment appealed from - Court of Appeal MCGUIRE v THE SECRETARY FOR JUSTICE [2018] NZCA 37 [9 March 2018]
Leave judgment - leave granted JEREMY JAMES MCGUIRE v THE SECRETARY FOR JUSTICE [2018] NZSC 50 [12 June 2018]

  

Case number

SC 36/2018

Case Name S v The Queen
Summary

Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.

Result A  The application for leave to appeal is granted (S (CA377/2017) v R [2018] NZCA 101).
B  The approved question is whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.


30 July 2018

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

S (CA377/2017) v R [2018] NZCA 101_

 

Case number

SC 37/2018

Case Name T v The Queen
Summary

 

Result

 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

T(CA670/2016) v The Queen [2018] NZCA 102

 

Case number

SC 39/2018

Case Name D v The Queen
Summary

 

Result

 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

Not publicly available

 

Case number

SC 40/2018

Case Name F v The Queen
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.         

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.                                                                                             

15 June 2018  

High/District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

Not publicly available

 

Case number

SC 41/2018

Case Name Garry Ablert Muir v Commissioner of Inland Revenue
Summary

 

Result

 

High/District Court judgment

COMMISSIONER OF INLAND REVENUE v MUIR [2017] NZHC 1413 [23 June 2017]

Judgment appealed from - Court of Appeal MUIR v COMMISSIONER OF INLAND REVENUE [2018] NZCA 129 [30 April 2018]

 

Case number

SC 42/2018

Case Name George WHICHMAN v The Queen
Summary

 

Result

 

Judgment appealed from - Court of Appeal Not publicly available

  

Case number

SC 47/2018

Case Name Ruiren Xu and Diamantina Trust Limited v IAG New Zealand Limited
Summary

 

Result

A Leave to appeal is granted (Xu v IAG New Zealand Ltd [2018] NZCA 149).
B The approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal against the judgment of Nation J
2 August 2018

High Court judgment

 XU & DIAMANTINA TRUST LTD v IAG NZ LIMITED [2017] NZHC 1964 [17 August 2017]

Judgment appealed from - Court of Appeal  XU AND ANOR v IAG NEW ZEALAND LIMITED [2018] NZCA 149 [11 May 2018]

 

Case number

SC 48/2018

Case Name Wayne William Smith v The Queen
Summary

 

Result

 

District Court judgment

Not publicly available 

Judgment appealed from - Court of Appeal [2018] NZCA 158_

 

Case number

SC 49/2018

Case Name Robert Hoani Clifford Cribb and Karen Lynne Stevens v FM Custodians Limited
Summary

 

Result

 

High Court judgment

FM CUSTODIANS LIMITED v CRIBB & ANOR [2017] NZHC 1562 [7 July 2017]

Judgment appealed from - Court of Appeal CRIBB AND STEVENS v FM CUSTODIANS LIMITED [2018] NZCA 183 [6 June 2018]

 

Case number

SC 50/2018

Case Name Jeremy James McGuire v New Zealand Law Society
Summary

 

Result

 

High Court judgment

MCGUIRE v NEW ZEALAND LAW SOCIETY [2017] NZHC 2484 [11 October 2017]

Judgment appealed from - Court of Appeal

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 184 [6 June 2018]

 

Case number

SC 51/2018

Case Name
Summary

 

Result

 

High Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

T (CA3/2016) v R [2018] NZCA 107 [20 April 2018]

 

Case number

SC 52/2018

Case Name
H v Refugee and Protection Office
Summary

 

Result

 

High Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

The confidentiality of the name or identifying particulars of the appellant and of his claim or status must be maintained pursuant to s 151 of the immigration act 2009.

 

Case number

SC 53/2018

Case Name
H v Queen
Summary

 

Result

 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

Not publicly available

 

Case number

SC 54/2018

Case Name Mathias Ortmann, Bram Van der Kolk and Finn Habib Batato v The United Staes of America and The District Court at North Shore
Summary

 

Result

 

High Court judgment

[2017] NZHC 189

Judgment appealed from - Court of Appeal

[2018] NZCA 233

  

Case number

SC 55/2018

Case Name Finn Habib Batato v The United States of America
Summary

 

Result

 

High Court judgment

[2017] NZHC 189

Judgment appealed from - Court of Appeal

[2018] NZCA 233

 

Case number

SC 56/2018

Case Name Mathias Ortmann and Bram Van der Kolk v The United States of America
Summary

 

Result

 

High Court judgment

[2017] NZHC 189

Judgment appealed from - Court of Appeal

[2018] NZCA 233

 

Case number

SC 57/2018

Case Name Kim Dotcom v The United States of America
Summary

 

Result

 

High Court judgment

[2017] NZHC 189

Judgment appealed from - Court of Appeal

[2018] NZCA 233

 

Case number

SC 58/2018

Case Name Kim Dotcom v The United States of America and The District Court at North Shore
Summary

 

Result

 

High Court judgment

[2017] NZHC 189

Judgment appealed from - Court of Appeal

[2018] NZCA 233

  

Case number

SC 59/2018

Case Name Martin Victor Lyttelton v The Queen
Summary

 

Result

 

High Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

LYTTELTON v R [2018] NZCA 243 [6 July 2018]

 

Case number

SC 60/2018

Case Name Yusuke (David) Sena v The Queen
Summary

 

Result

 

District Court judgment

Not publicly available

Judgment appealed from - High Court at Auckland

[2017] NZHC 2319 25 September 2017

 

Case number

SC 61/2018

Case Name F v The Queen
Summary

 

Result

 

District Court judgment

Not publicly available

High Court Judgment

Not publicly available

Judgment appealed from - Court of Appeal

Not publicly available

   Reserved