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.
29 April 2024
Case information summary 2024 (as at 26 April 2024) – Cases where leave granted (PDF, 87 KB)
Case information summary 2024 (as at 26 April 2024) – Cases where leave to appeal decision not yet made (PDF, 134 KB)
All years
Case name
Synlait Milk Limited v New Zealand Industrial Park Limited and Ye Qing
Case number
SC 50/2019
Summary
Civil – Property Law Act 2007, s 317 – Whether the Court of Appeal erred in allowing the appeal and declining to modify covenants burdening land owned by the appellant.
Result
A By consent, an order is made substituting Synlait Milk Ltd for Stonehill Trustee Ltd as applicant subject to the conditions set out in the joint memorandum of counsel dated 6 September 2019.
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce. Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
______________________________
A The appeal is allowed.
B There is no order as to costs.
22 December 2020
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce. Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
______________________________
A The appeal is allowed.
B There is no order as to costs.
22 December 2020
Transcripts
- Hearing date 3 - 4 June 2020 (PDF, 621 KB)
Media Releases
- MR [2020] NZSC 157 (PDF, 535 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Transcript
Winkelmann CJ, Glazebrook and O'Regan JJ
Case name
Lance Phillip Newing v New Zealand Police
Case number
SC 51/2019
Summary
Criminal Appeal – Driving with excess blood alcohol – Whether the District Court erred in refusing to discharge the applicant without conviction.
Result
The application for leave to appeal is dismissed. 22 August 2019
District Court decision
Not publicly available
Leave judgment - leave dismissed
Case name
Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Case number
SC 52/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to find Mr Hannam personally liable under s 9 of the Fair Trading Act – Whether Court of Appeal was correct to order damages of $424,371 against the applicant and Mr Hannam – Whether the Court of Appeal was correct to find that the applicant breached the agreement for sale and purchase and the Fair Trading Act 1986.
Result
A Notice of withdrawal having been filed the application for leave to appeal is deemed to be dismissed.
3 July 2019
3 July 2019
High Court decision
Court of Appeal decision
Case name
Franco Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel and Auckland Council
Case number
SC 53/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in not setting aside the recommendations of the respondents in a judicial review claim having regard to all circumstances including the gravity of the respondent’ s error and prejudice to the applicant.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the second respondent.
10 October 2019
B The applicant must pay costs of $2,500 to the second respondent.
10 October 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
David Owen Lyttle v The Queen
Case number
SC 54/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to bring a pre-trial appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
DAVID OWEN LYTTLE v R [2019] NZSC 75 [18 July 2019] (PDF, 42 KB)
Case name
T(SC 55/2019) v The Queen
Case number
SC 55/2019
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Crimes Act 1961, s 306 – Whether the District Court erred in refusing to dismiss the charges.
Result
The application for leave to appeal is dismissed
26 July 2019
26 July 2019
Leave judgment - leave dismissed
PHILIP DEAN TAUEKI v R [2019] NZSC 82 [26 July 2019] (PDF, 37 KB)
District Court decision
Not publicly available
Case name
Allan Jack West v Geoffrey Allan West, David John Cameron West and The Partners of Langley Twigg Law
Case number
SC 56/2019
Summary
Civil Appeal – Particular discovery – Whether the Court of Appeal erred in holding that the High Court was functus officio and could not grant particular discovery.
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
9 October 2019
B There is no order as to costs.
9 October 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Minister of Justice of New Zealand and Attorney General of New Zealand v Kyung Yup Kim
Case number
SC 57/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’ s fair trial rights would be upheld.
Result
A The application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justice of New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’ s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
_______________________
A The appeal is adjourned until 30 July 2021.
B A report is to be filed by the parties on or before 30 July 2021 outlining the matters set out at [443], [455]–[457] and [463].
C The cross-appeal is dismissed.
4 June 2021
____________________________________
A The application for leave to adduce the expert reports annexed to the parties’ joint report dated 3 December 2021 is granted.
B The appeal is allowed. The decision of the Court of Appeal is set aside.
C The Minister of Justice’s decision of 19 September 2016 to surrender the respondent under s 30 of the Extradition Act 1999 is reinstated.
D Costs are reserved.
13 April 2022
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’ s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
_______________________
A The appeal is adjourned until 30 July 2021.
B A report is to be filed by the parties on or before 30 July 2021 outlining the matters set out at [443], [455]–[457] and [463].
C The cross-appeal is dismissed.
4 June 2021
____________________________________
A The application for leave to adduce the expert reports annexed to the parties’ joint report dated 3 December 2021 is granted.
B The appeal is allowed. The decision of the Court of Appeal is set aside.
C The Minister of Justice’s decision of 19 September 2016 to surrender the respondent under s 30 of the Extradition Act 1999 is reinstated.
D Costs are reserved.
13 April 2022
Date of hearing
04 February 2022
Judges
Glazebrook, O'Regan, Ellen France, Arnold and French JJ
Transcripts
- Hearing date 4 December 2019 (PDF, 230 KB)
- Hearing date 25 February 2020 (PDF, 720 KB)
- Hearing date 4 February 2022 (PDF, 440 KB)
Case Synopses
- Hearing on 4 December 2019 (PDF, 160 KB)
- Hearing on 25 February 2020 (PDF, 158 KB)
Media Releases
- MR [2021] NZSC 57 (PDF, 312 KB)
- MR [2022] NZSC 44 (PDF, 294 KB)
High Court decision
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme Court - order made
Supreme Court - order made
Additional document
Substantive judgment
Case name
S and M v Vector Limited, Auckland District Court and H
Case number
SC 58/2019
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 remains in force. 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 remains in force. Publication in law report or law digest permitted.
21 September 2020
21 September 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Lewis Eru Craig v The Queen
Case number
SC 59/2019
Summary
Criminal Appeal – Whether the interests of the victim were taken into account in sentencing (s 7(1)(c) of the Sentencing Act 2002) – Whether the defendant had a reasonable expectation he would not be imprisoned before he pleaded guilty – Whether the final sentence imposed was manifestly excessive – Whether there was a miscarriage of justice
Result
The application for leave to appeal is dismissed. 26 September 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
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