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.

20 November 2020

Case information summary 2020 (as at 5 November 2020) - cases granted leave to appeal (PDF, 22 KB)
Case information summary 2020 (as at 5 November 2020) - cases where leave to appeal decision not yet made (PDF, 49 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, William Young, O'Regan and Ellen France and Williams JJ
District Court decision
Not publicly available
Leave judgment - leave granted
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
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
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Leave judgment - leave granted
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
Date of hearing
17 November 2020 - 19 November 2020
Judges
Winkelmann CJ, William Young, Glazebrook, Ellen France and Williams JJ
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
Winkelmann CJ, Glazebrook, O’Regan, Ellen France, Williams JJ
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
Date of hearing
15 February 2021 - 19 February 2021
Judges
tbc
Leave judgment - leave granted
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
William Allan Berkland v The Queen
Case number
SC 40/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is granted (Berkland v R [2020] NZCA 150).
B The approved question is whether the Court of Appeal’s decision was correct.
17 November 2020
Leave judgment - leave granted
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
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
Daniel Clinton Fitzgerald v The Queen
Case number
SC 67/2020
Summary
Criminal Appeal - application for leave to bring an appeal
Result
A The application for leave to appeal is granted in part (Fitzgerald v R [2020] NZCA 292).

B The approved question is whether the Court of Appeal was correct to find that s 106 of the Sentencing Act 2002 does not apply to Mr Fitzgerald.

C The application for leave to appeal is otherwise dismissed.

D The application to amend the applicant’s notice of application for leave to appeal is dismissed.
3 November 2020
Case name
Shjonen Benjamin Crump v The Queen
Case number
SC 68/2020
Summary
Criminal Appeal - application for leave to bring an appeal
District Court decision
Not publicly available
Court of Appeal decision
Case name
Kinara Trustee Limited v Infinity Enterprises NZ Limited
Case number
SC 69/2020
Summary
Civil Appeal - application for leave to bring an appeal
Case name
M v The Queen
Case number
SC 74/2020
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
Cleetus Maanu Paul v Attorney-General
Case number
SC 75/2020
Summary
Civil Appeal - Application for leave to bring an appeal
High Court decision
Not publicly available
Case name
George Tama Nicholls v Mark Steven Nicholls, Airini Pirihiria Tukerangi, Delace William James, Kahutoroa Mataia Tukerangi, Viv Tama Nicholls, Anita Mari Norman and Sarah Jane Nicholls as trustees of the Ahu Whenua Trust known as The W T Nicholls Trust
Case number
SC 76/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Georgina Rachelle v Air New Zealand Limited
Case number
SC 78/2020
Summary
Civil Appeal - Application for leave to bring an appeal.
Case name
Attorney-General v Family First New Zealand
Case number
SC 79/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Robert John Herd and Rhumba Holdings Limited v Rodney David Haines Kathleen Anne Norman
Case number
SC 80/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Frucor Suntory New Zealand Limited v Commissioner of Inland Revenue
Case number
SC 81/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
M v Attorney General (in respect of the Ministry of Health), Waitemata District Health Board and Capital and Coast District Health Board
Case number
SC 82/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Michael John Denney v The Queen
Case number
SC 83/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
Christopher Joseph O'Neill v Andrew Bridgman, Tania Ott and Carl Crafar
Case number
SC 84/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Xiang Su v The Queen
Case number
SC 85/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Case name
Margaret Ann Wootton v Phillip Garry Wootton
Case number
SC 86/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for a stay pending determination of the applicant’s application for leave to appeal to this Court against the judgment of the Court of Appeal (Wootton v Wootton [2020] NZCA 478) is dismissed.
B There is no order as to costs.
29 October 2020
High Court decision
Not publicly available
Additional document
Case name
Robert Frank Terry v New Zealand Police
Case number
SC 87/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
Court of Appeal decision
Not publicly available
Case name
Te Iwi Ngaro Rameka v The Queen
Case number
SC 88/2020
Summary
Civil Appeal - Application for leave to bring civil appeal
Court of Appeal decision
Not publicly available
Case name
H v The Queen
Case number
SC 89/2020
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. 10 November 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
P v The Queen
Case number
SC 90/2020
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
Not publicly available
Case name
W v S, H L and L
Case number
SC 91/2020
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 rmetrial. Publication in law report or law digest permitted.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Commissioner of Inland Revenue v Frucor Suntory New Zealand Limited
Case number
SC 92/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Quentin Stobart Haines, BPE Trustees (No. 1) Limited and Quentin Haines Properties Limited v Harry Memelink and Cisca Forester as Trustees of the Link Trust No.1 and Roy Bassett-Burr
Case number
SC 93/2020
Summary
Civil Appeal - Application for leave to bring an appeal
Case name
Kul Vant Singh v The Queen
Case number
SC 94/2020
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
Pihi Hei v The Queen
Case number
SC 95/2020
Summary
Criminal Appeal - Application for leave to bring an appeal.
District Court decision
Not publicly available
Case name
James Charles Stringer v Colin Graeme Craig, Helen Ruth Craig, Angela Maria Storr, Kevin Eric Stitt and Stephen Dylan Taylor
Case number
SC 96/2020
Summary
Civil Appeal - Application for leave to bring an appeal.