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 2020 - 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.

6 August 2020

Case information summary 2020 (as at 6 August 2020) - cases granted leave to appeal (PDF, 26 KB)
Case information summary 2020 (as at 6 August 2020) - cases where leave to appeal decision not yet made (PDF, 23 KB)

2020

Case name
H v The Queen
Case number
SC 1/2020
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.
6 May 2020

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. 23 June 2020
23 June 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Leslie Norman Austin v Roche Products (New Zealand) Limited
Case number
SC 5/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is granted in part (Roche Products (New Zealand) Ltd v Austin [2019] NZCA 660).
B The approved question is whether the applicant’s claim for compensatory damages should have been struck out on the basis that his injuries were not an ordinary consequence of the consumption of Roaccutane.
C The application for leave to appeal is otherwise dismissed.
19 May 2020
Date of hearing
10 September 2020
Judges
William Young, Glazebrook, O’Regan, Ellen France, Williams JJ
Case name
Dennis Haunui v The Queen
Case number
SC 6/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (Haunui v R [2019] NZCA 679).
B The approved question is whether the Court of Appeal ought to have allowed the applicant’s appeal to that Court.
30 April 2020
Date of hearing
01 September 2020
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France, Williams JJ
District Court decision
Not publicly available
Leave judgment - leave granted
Case name
David Simon Barton v The Queen
Case number
SC 13/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
Judgment 25 March 2020
District Court decision
Not publicly available
Supreme court decision
Supreme court decision
Case name
TUV v The Chief of New Zealand Defence Force
Case number
SC 14/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (TUV v Chief of New Zealand Defence Force [2020] NZCA 12).
B The approved ground is:
(i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)?
(ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity?
15 May 2020
Date of hearing
08 September 2020
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Arnold JJ
District Court decision
Not publicly available
Leave judgment - leave granted
Case name
Christopher Martin Bradley v The Queen
Case number
SC 16/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
C (SC 17/2020) v The Queen
Case number
SC 17/2020
Summary
Criminal - 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.
6 August 2020
Case name
Peniamina Ieremia v The Queen
Case number
SC 19/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted in part (Ieremia v R [2020] NZCA 17).
B The approved questions are:
(i) whether the Court of Appeal was correct to refuse leave to adduce the evidence of Mr Wilson and, if so, whether a miscarriage of justice arose as a result of this evidence not being before the jury at the applicant’s trial; and
(ii) whether the Court of Appeal was correct to conclude that evidence of the complainants’ previous convictions was inadmissible at the applicant’s trial, or that, if any of it was admissible, its exclusion did not cause a miscarriage of justice.
3 July 2020
Date of hearing
06 October 2020
Leave judgment - leave granted
Case name
Gary Donald Mills v The Queen
Case number
SC 22/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Case name
R v The Queen
Case number
SC 25/2020
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.
Court of Appeal decision
Not publicly available
Case name
S v The Queen
Case number
SC 26/2020
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.
11 May 2020
Court of Appeal decision
Not publicly available
Case name
Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board and Ors
Case number
SC 28/2020
Summary
Civil appeal - application for leave to bring an appeal
Result
A Leave to appeal is granted (Trans-Tasman Resources Ltd v Taranaki Whanganui Conservation Board [2020] NZCA 86).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
17 July 2020
Case name
Bathurst Resources Limited & Buller Coal Limited v L&M Coal Holdings Limited
Case number
SC 29/2020
Summary
Civil appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is granted (Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 113).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
27 July 2020.
Date of hearing
08 October 2020 - 09 October 2020
Judges
tbc
Case name
Strathboss Kiwifruit Limited& Seeka Limited v Attorney-General
Case number
SC 30/2020
Summary
Civil appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (Attorney General v Strathboss Kiwifruit Ltd [2020] NZCA 98).
B The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross appeal.
22 July 2020
Leave judgment - leave granted
Case name
Peter William Mawhinney v The Commissioner of Inland Revenue
Case number
SC 32/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
S v The Queen
Case number
SC 33/2020
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.
19 June 2020
Case name
A v The Queen
Case number
SC 35/2020
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.
12 June 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Sainey Marong v The Queen
Case number
SC 36/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Case name
Commissioner of Inland Revenue v The Church of Jesus Christ of Latter-Day Saints Trust Board and Paul Ross Coward
Case number
SC 38/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
C v The Queen
Case number
SC 39/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
William Allan Berkland v The Queen
Case number
SC 40/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Case name
P v The Queen
Case number
SC 42/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
H v New Zealand Police
Case number
SC 43/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Case name
Stephen James Henare v The Queen
Case number
SC 44/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Case name
Albert Karl Lenin Stretch v The Queen
Case number
SC 47/2020
Summary
Criminal Appeal - application for leave to bring an appeal
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Pauline Janice Harrison v Adrienne Harrison and Graeme Ross Harrison
Case number
SC 48/2020
Summary
Civil Appeal - application for leave to bring an appeal
Case name
Fredrick Hill v Māori Trustee and Official Assignee
Case number
SC 49/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Epsom Woods Limited v Waitakere Farms Limited
Case number
SC 51/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Franchesca Kororia Borell v The Queen
Case number
SC 52/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Case name
Donna Mary Newlands v Nelson City Council
Case number
SC 53/2020
Summary
Civil Appeal - application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Boon Hooi Cheah v Commissioner of Police
Case number
SC 54/2020
Summary
Civil appeal - Application for leave to bring an appeal
Case name
Jeremy James McGuire v New Zealand Law Society
Case number
SC 55/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Attorney-General v Mariya Ann Taylor and Robert Roper
Case number
SC 56/2020
Summary
Civil Appeal - Application for leave to bring an appeal.
Case name
Robert Roper v Mariya Ann Taylor and Attorney-General
Case number
SC 57/2020
Summary
Civil Appeal - Application for leave to bring an appeal.
Case name
S v The Queen
Case number
SC 58/2020
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.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
S v The Queen
Case number
SC 59/2020
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.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available