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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