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.

4 August 2021

Case information summary 2021 (as at 30 July 2021) – Cases where leave granted (PDF, 19 KB)
Case information summary 2021 (as at 30 July 2021) – Cases where leave to appeal decision not yet made (PDF, 25 KB)

2021

Case name
Donglin Deng v Lu Zheng
Case number
SC 5/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Zheng v Deng [2020] NZCA 614).
B The approved question is whether the Court of Appeal was correct to make a declaration that there was a partnership between Mr Zheng and Mr Deng in which they were equal partners and to make orders that were consequential on that finding.
14 May 2021
Date of hearing
17 August 2021
Judges
William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
Leave judgment - leave granted
Case name
Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Trustees of the Te Kaweray Iwi Tribal Authority and Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Truste
Case number
SC 9/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Taua v Tahi Enterprises Ltd [2020] NZCA 639).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
15 July 2021
Date of hearing
19 November 2021
Judges
tbc (note Supreme Court will be sitting in Auckland)
Transcript
Hearing date 18 May 2021 (PDF, 202 KB)
Case name
Katharine Elizabeth Preston v Grant Lee Preston and Grant Lee Presont and Fisher Partners Limited as Trustees of the Grant Preston Family Trust
Case number
SC 10/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Preston v Preston [2020] NZCA 679).
B The approved question is whether the Court of Appeal was correct to dismiss Ms Preston’s appeal in relation to her claim for an award of part of the assets of the Grant Preston Family Trust under s 182 of the Family Proceedings Act 1980.
12 May 2021
Date of hearing
03 August 2021
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Case name
W (SC 14/2021) v The Queen
Case number
SC 14/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment
Case number
SC 15/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Ltd [2021] NZCA 1).
B The approved question is whether the Court of Appeal correctly answered the questions of law submitted for determination by it.
6 May 2021
Date of hearing
01 July 2021
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Case name
P v New Zealand Police
Case number
SC 16/2021
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 retrial. 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 retrial. Publication in law report or law digest permitted.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Royal Forest and Bird Protection Society of New Zealand Incorporated v New Zealand Transport Agency
Case number
SC 25/2021
Summary
Civil Appeal
Result
A Leave to appeal to this Court is granted (Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency [2021] NZHC 390).
B The approved question is whether the High Court was correct to dismiss the appeal against the decision of the Board of Inquiry.
28 May 2021
Date of hearing
16 November 2021 - 18 November 2021
Judges
tbc (note Supreme Court sitting in Auckland)
Case name
C v The Queen
Case number
SC 29/2021
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 retrial. Publication in law report or law digest permitted.
Date of hearing
22 July 2021
Judges
William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Shane Dromgool, Dorothy Dromgool, Alan Darvall Poulton, Jennifer Poulton and Newman Farms Limited v Minister for Land Information
Case number
SC 32/2021
Summary
Civil Appeal
Result
A The application for leave to appeal is granted in part (Minister for Land Information v Dromgool [2021] NZCA 44). The approved question is:
Whether the Court of Appeal was correct in its interpretation of the role and obligations of the Minister for Land Information in deciding an application under s 186(1) of the Resource Management Act 1991 and, in particular, whether the Minister must be satisfied that the proposed taking is fair, sound and reasonably necessary for achieving the objectives of the network utility operator or whether it is sufficient that the Minister is satisfied the proposed taking is capable of meeting that test.
B The application for leave to appeal is otherwise dismissed.
24 June 2021
Date of hearing
02 November 2021
Judges
tbc
Leave judgment - leave granted
Case name
Darryn Michael Horton v The Queen
Case number
SC 44/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Richard Ciliang Yan v Mainzeal Property and Construction Limited (in liquidation), King Façade Limited (previously known as Richina Land Limited)(in liquidation), Mainzeal Group Limited (in Liquidation), Andrew James Bethell, Brian Mayo-Smith, Peter Gomm,
Case number
SC 48/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Civil Appeal - Respondents application for leave to bring an appeal
Case name
H v The Queen
Case number
SC 49/2021
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 retrial. Publication in law report or law digest permitted.
Date of hearing
22 July 2021
Judges
William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Donna Mary Newlands v Nelson City Council
Case number
SC 50/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
Paul Nils Herlund v The Queen
Case number
SC 51/2021
Summary
Criminal Appeal - Application for leave to bring an appeal.
Date of Judgment
01 January 2021
District Court decision
Not publicly available
Case name
Peter Gomm, Rt Hon Jennifer Mary Shipley and Clive William Charles Tilby v Mainzeal Property and Construction Limited ( in liquidation), Andrew James Bethell, Brian Mayo-Smith and Richard Ciliang Yan
Case number
SC 52/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Civil Appeal - Respondents application for leave to bring an appeal
Case name
M v The Queen
Case number
SC 53/2021
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.
17 June 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
M (SC 56/2021) v The Queen
Case number
SC 56/2021
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
Malcolm Bruce Moncrief-Spittle and David Cumin v Regional Facilities Auckland Ltd and Auckland Council
Case number
SC 57/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Levi Bartlett v The Queen
Case number
SC 58/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
Peter William Mawhinney v Auckland Council
Case number
SC 59/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
H (SC 60/2021) v The Queen
Case number
SC 60/2021
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.
8 July 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Colin Craig v Rachel Joy MacGregor
Case number
SC 61/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
C (SC 62/2021) v The Queen
Case number
SC 62/2021
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.minal Appeal - Application for leave to bring an appeal.
Court of Appeal decision
Not publicly available
Case name
Skye Amber Renes v The Queen
Case number
SC 63/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Melco Property Holdings (NZ) Limited v Anthony John Hall
Case number
SC 64/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Creative Development Solutions Limited v Chorus New Zealand Limited
Case number
SC 65/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Cody Derek Martin v The Queen
Case number
SC 66/2021
Summary
Civil / Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Gill Pizza Limited, Sandeep Singh, Jatinder Singh, Mandeep Singh and Malotia Limited v A Labour Inspector (Ministry of Business, Innovation and Employment)
Case number
SC 67/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Vincent Ross Siemer V Auckland High Court and Matthew Simon Russell Palmer
Case number
SC 68/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Jamie Ronaki Kissling v The Queen
Case number
SC 69/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
David Stanley Tranter v The Queen
Case number
SC 70/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Case name
Benny Miles Muraahi v The Queen
Case number
SC 71/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Paul Malcolm Johnson v The Queen
Case number
SC 73/2021
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
B (SC 74/2021) v ALA (SC 74/2021)
Case number
SC 74/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Employment Court decision
Court of Appeal decision
Not publicly available
Case name
Deo Datt Sharma v Nirmala Wati
Case number
SC 75/2021
Summary
Civil Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Antony Ivo Arnerich v DHC Assets Limited
Case number
SC 76/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Lloyd Alexander McIntosh v Chief Executive of the Department of Corrections
Case number
SC 77/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Thecircle.co.nz Limited and David Alan Johnson v Trends Publishing Limited (In Liquidation and in receivership) and Callaghan Innovation
Case number
SC 78/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Civil Appeal - Respondents application for leave to bring an appeal
Case name
Jiawen Mao v Hyun Bin Kim and Duk Young Lee
Case number
SC 79/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Vincent Jacob Middeldorp v Avondale Jockey Club Incorporated
Case number
SC 80/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Pauline Janice Harrison v Adrienne Harrison, Graeme Ross Harrison, Nicholas Hamilton Birdsey, Raymond Owen Parmenter, Childfund New Zealand Limited and ASB Bank Limited
Case number
SC 81/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Benjamin Morland Easton v Registrar of the High Court of New Zealand
Case number
SC 82/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
D (SC 83/2021) v High Court Auckland
Case number
SC 83/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
P (SC 84/2021) v The Queen
Case number
SC 84/2021
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