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 2024 - 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.

28 November 2025

Case information summary 2025 (as at 28 November 2025) –  Cases where leave granted (PDF, 87 KB)
Case information summary 2025 (as at 28 November 2025)  – Cases where leave to appeal decision not yet made (PDF, 120 KB)

All years

Case name
The Queen v GKB
Case number
SC 88/2010
Summary
Criminal – Admissibility of previous consistent statements – Whether the Court of Appeal erred in finding that s 35(2) of the Evidence Act 2006 is not engaged until a proposed witness gives evidence at trial – Whether the Court of Appeal erred in finding that s 35(2) of the Evidence Act 2006 is not engaged by reference to an accused’s pre‑trial statement to the police.[2010] NZCA 326  CA 313/2010  27 August 2010.
Result

Appeal allowed.  Decision of the District Court reinstated.

17 December 2010
Hearing

7 December 2010.

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Dates

Leave to appeal is granted.

The approved ground of appeal is whether the Court of Appeal was correct to conclude that s 35(2) of the Evidence Act 2006 is only triggered by a challenge to veracity made at trial.

23 September 2010.
Case name
Raylee Patricia Harley v Robert John Erwood and The Official Assignee
Case number
SC 89/2010
Summary
Civil – Official Assignee accepted a proof of debt from the applicant – decision reversed by the High Court whose judgment was upheld in the Court of Appeal – whether the Court of Appeal correctly applied Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 in finding that a judgment in favour of the applicant in one set of proceedings was compromised by a consent order in different proceedings – whether s 149(2)(b) of the Law Practitioners Act 1982, which empowers the court to enter judgment for fees, witness expenses and disbursements, is sufficient basis for a proof of debt claim where the Official Assignee acted reasonably.[2010] NZCA 362  CA 261/2009    10 August 2010.
Leave judgment - leave dismissed
HARLEY v ERWOOD SC 89/2010 [16 November 2010] (PDF, 46 KB)
Dates

Applications for leave to appeal by Mrs Harley and Mr Erwood are both dismissed.

16 November 2010
Case name
R I G v Chief Executive Officer, Ministry of Social Development and others
Case number
SC 90/2010
Summary
Civil Appeal – whether the Court of Appeal erred in refusing to waive security for costs for the applicant’s appeal from the High Court to the Court of Appeal. [2010] NZCA 362  CA 261/2009   10 August 2010.
Leave judgment - leave dismissed
G v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT AND ORS SC 90/2010 [17 November 2010] (PDF, 46 KB)
Dates

Application for leave to appeal is dismissed.

17 November 2010
Case name
Kent James Bond v The Queen
Case number
SC 91/2010
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether evidence was admissible – Whether the trial judge misdirected the jury in summing up – Whether the sentence was excessive.[2010] NZCA 381  CA 109/2010   18 August 2010.
Leave judgment - leave dismissed
BOND v R SC 91/2010 [23 November 2010] (PDF, 43 KB)
Dates

Application for leave to appeal dismissed.

23 November 2010
Case name
Arthur William Taylor v The Chief Executive of the Department of Corrections
Case number
SC 92/2010
Summary
Civil – Judicial Review – Judicature Amendment Act 1972 – Visiting arrangements for maximum-security prisoner and young daughter – High Court declined appellant interim relief against prison manager’ s decision restricting previous monthly contact visits with daughter in interests of child and prisoner safety – Whether Court of Appeal erred in declining to make mandatory interim relief order against prison manager’s discretion despite finding that courts have jurisdiction to order mandatory interim relief against the Crown – Whether Court of Appeal should have commented on respondent’s cross-appeal when High Court observations founding cross-appeal made only in obiter.[2010] NZCA 371  CA 165/2010   16 August 2010
Leave judgment - leave dismissed
TAYLOR v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 92/2010 [8 December 2010] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed.

8 December 2010.
Case name
Aldwyn John Cockburn, Janet Elizabeth Cockburn and Keith Ian Jeffries v C S Development No 2 Limited
Case number
SC 93/2010
Summary
Civil – GST due on sale of commercial property – Whether the Court of Appeal was correct to find that the sale of the property did not include the claimed supply of a going concern – Whether the Commissioner of Inland Revenue’s assessment that it was a going concern can only be questioned by challenge proceedings under the Tax Administration Act 1994.[2010] NZCA 373  CA 445/2009  16 August 2010.
Leave judgment - leave dismissed
COCKBURN AND ORS v C S DEVELOPMENT NO 2 LIMITED SC 93/2010 [16 November 2010] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed.

Costs of $2,500 to the respondent.

16 November 2010.
Case name
Shaun Mihaka Sullivan v The Queen
Case number
SC 94/2010
Summary
Criminal – appeal against conviction and sentence – applicant convicted of murder in the High Court and sentenced to life imprisonment – after the jury had retired and following legal argument, the trial Judge called the jury back to give some redirections – whether the Court of Appeal erred in finding that the trial Judge’s directions to the jury regarding out-of-court statements of the applicant’s co-accused did not give rise to a miscarriage of justice – whether the Court of Appeal erred in finding that the redirections by the trial Judge safely dealt with any initial errors – whether the Court of Appeal erred in declining to recall its judgment dismissing the appeal on the basis that there were no exceptional circumstances and the interests of justice did not require it.[2010] NZCA 407 CA 129/2010  7 September  2010.
Leave judgment - leave dismissed
SULLIVAN v R SC 94/2010 [9 December 2010] (PDF, 55 KB)
Dates

Application for leave to appeal dismissed.

9 December 2010
Case name
Winston James Shane Young v The Queen
Case number
SC 95/2010
Summary
Criminal appeal – Whether the Court of Appeal erred in upholding the appellant’s conviction; whether the trial judge erred in his summing up to the jury; whether guilty verdict unreasonable.[2010] NZCA 309 CA 555/2009 19 July 2010.
Leave judgment - leave dismissed
YOUNG v R SC 95/2010 [8 December 2010] (PDF, 44 KB)
Dates

Application for leave to appeal refused.

8 December 2010
Case name
Chesterfields Preschools Limited, D J Hampton, Chesterfields Partnership, Chesterfields Preschools Partnership & Anolbe Enterprises Ltd v Commissioner of Inland Revenue
Case number
SC 96/2010
Summary
Civil Appeal – Judicial review appeal – Taxation liabilities – Appellants were partly successful in the first judicial review proceedings against the Commissioner of Inland Revenue (Commissioner) and the Commissioner was ordered to reconsider a number of matters - Second judicial review proceedings held the Court would not enforce the debt owed to the Commissioner by the appellants until the Court was satisfied that the first judicial review had been complied with – Whether the Court of Appeal erred in allowing to an extent the appeal by the Commissioner against the second judicial review judgment.[2010] NZCA 400 CA 607/2008, CA 800/2008, SC 271/2009, CA 156/2010  31 August 2010.
Leave judgment - leave dismissed
CHESTERFIELDS PRESCHOOLS LIMITED v COMMISSIONER OF INLAND REVENUE SC 96/2010 [16 December 2010] (PDF, 61 KB)
Dates

The application for leave to appeal and the associated application for directions are dismissed with costs of $2,500 to the respondent.

16 December 2010
Case name
Tabbasum Mahomed v The Queen
Case number
SC 97/2010
Summary
Criminal – Failing to Provide the Necessaries of Life – Whether Court of Appeal erred in pre-trial ruling admitting certain propensity/narrative evidence against the applicant – Whether Court of Appeal in dismissing appeal erred in concluding trial Judge not required to give specific directions on propensity evidence at trial – Whether Crown was required to exclude at trial the possibility that murder injury was unsurvivable – Whether Court of Appeal wrong to find sufficient evidence to exclude that possibility.[2010] NZCA 419 CA 790/2009 14 September  2010.
Result
Application for leave to appeal granted.
The approved grounds are: (i) Whether the evidence concerning the child’ s being left in the car on 19 December 2007 was admissible; and (ii) If so, whether the Judge’s directions relating to that evidence were adequate.
2 November 2010
_____________________________
Appeal dismissed.
19 May 2011
Media Releases
Substantive judgment
MAHOMED v R SC 97/2010, SC 117/2010 [19 May 2011] (PDF, 321 KB)
Transcript

Hearing date : 17 February 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
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