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)
2024
Criminal Appeal
A The application for leave to appeal by H is granted ([H] v R [2023] NZCA 633).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals in both CA169/2023 and CA170/2023.
C We make an interim order continuing suppression of the applicant’s name, address, occupation and identifying particulars pending further order of this Court.
15 April 2024
_____________________________________________________________
A The appeal against conviction is allowed and a discharge without conviction is substituted.
B We make an order prohibiting publication of the name, address, occupation and identifying particulars of the appellant.
10 June 2025
- Hearing date 19 August 2024 Case Synopsis (PDF, 464 KB)
- MR [2025] NZSC 62 (PDF, 281 KB)
Civil Appeal
A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
__________________________________________________
A The appeal is allowed in part. The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect. The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.
B The further evidence described below at [156] is admitted.
C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.
D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.
E Costs are reserved.
15 August 2025
- Hearing 20 and 21 August 2024 Appellant submissions (PDF, 390 KB)
- Hearing date 20 and 21 August 2024 Transcript (PDF, 836 KB)
- Hearing date 20 and 21 August 2024 (PDF, 482 KB)
- MR [2025] NZSC 103 (PDF, 286 KB)
Civil Appeal
A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
_______________________________________
A The appeal is allowed in part. The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect. The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.
B The further evidence described below at [156] is admitted.
C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.
D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.
E Costs are reserved. 15 August 2025
- Hearing 20 and 21 August 2024 Appellant submissions (PDF, 390 KB)
- Hearing date 20 and 21 August 2024 (PDF, 482 KB)
- MR [2025] NZSC 103 (PDF, 286 KB)
B The approved question is whether the Court of Appeal was correct to allow the appeal.
8 July 2024
________________________________________
A The appeal is allowed.
B The Court of Appeal’s order that the Temporary Defence Force Order 06/2022 (TDFO) be reconsidered is set aside, as is the Court of Appeal’s interim order that no action may be taken by the Chief of Defence Force pursuant to the TDFO and related instruments pending the reconsideration of the TDFO.
C The respondents must pay the appellants one set of costs of $30,000 plus usual disbursements. We allow for second counsel.
11 April 2025
- Hearing date 8 October 2024 Appellant Submissions (PDF, 764 KB)
- Hearing date 8 October 2024 Respondent Submissions (PDF, 1.9 MB)
- Hearing date 8 October 2024 Intervener Submissions (PDF, 1004 KB)
- Hearing date 8 October 2024 Transcript (PDF, 591 KB)
- Hearing date 8 9 October 2024 Case Synopsis (PDF, 364 KB)
- MR [2025] NZSC 34 (PDF, 292 KB)
- SC 20/2024 Chief of Defence Force and Ors v Four Members of the Armed Forces (Recorded, 8 October 2024)
B The approved question is whether the Court of Appeal was correct in the answers the Court gave to the questions of law before the Court.
9 May 2024__________________________________________________________________A We answer the questions of law as follows: copyrights are property for purposes of the Property (Relationships) Act 1976 and they may be relationship property.
B The appeal is dismissed. We direct that the proceeding be remitted to the Family Court to decide the value and distribution or sale of the artworks and copyrights in them.
C The appellant must pay the respondent costs of $15,000 plus usual disbursements. We allow for second counsel.
6 March 2025
- Hearing date 24 October 2024 Appellant Submissions (PDF, 435 KB)
- Hearing date 24 October 2024 Respondent Submissions (PDF, 378 KB)
- Hearing date 24 October 2024 Appellant oral outline (PDF, 249 KB)
- Hearing date 24 October 2024 Respondent oral outline (PDF, 143 KB)
- Hearing date 24 October 2024 (PDF, 546 KB)
- Hearing date 24 October 2024 Case Synopsis (PDF, 318 KB)
- MR [2025] NZSC 9 (PDF, 438 KB)
- SC 22/2024 Sirpa Elise Alalääkkölä v Paul Anthony Palmer (Recorded, 24 October 2024)
Civil Appeal
A Leave to appeal is granted (Attorney-General v Putua [2024] NZCA 67).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
1 August 2024
- Hearing date 27 28 February 2025 Appellants oral outline (PDF, 637 KB)
- Hearing date 27 28 February 2025 Respondents oral outline (PDF, 842 KB)
- Hearing date 27 28 February 2025 Appellant submissions (PDF, 386 KB)
- Hearing date 27 28 February 2025 Respondent submissions (PDF, 1.3 MB)
- Hearing date 27 28 February 2025 Intervener submissions (PDF, 931 KB)
- Hearing date 27 28 February 2025 Case Synopsis (PDF, 481 KB)
- SC 31/2024 Koro Putua v Attorney-General (Recorded, 7 March 2025)
- SC 31/2024 Koro Putua v Attorney-General (Recorded, 28 February 2025)
- SC 31/2024 Koro Putua v Attorney-General (Recorded, 27 February 2025)
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
- Hearing date 29 30 April 2025 Appellant submissions (PDF, 2.6 MB)
- Hearing date 29 30 April 2025 First respondent submissions (PDF, 561 KB)
- Hearing date 29 30 April 2025 Second respondent submissions (PDF, 965 KB)
- Hearing date 29 30 April 2025 Intervener submissions (HRC) (PDF, 301 KB)
- Hearing date 29 30 April 2025 Intervener submissions (ADL) (PDF, 450 KB)
- Hearing date 29 30 April 2025 Transcript (PDF, 1.1 MB)
- Hearing date 29 30 April 2025 Case Synopsis (PDF, 487 KB)
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
- Hearing date 29 30 April 2025 Appellant submissions (PDF, 5.7 MB)
- Hearing date 29 30 April 2025 First respondent submissions (PDF, 1010 KB)
- Hearing date 29 30 April 2025 Second respondent submissions (PDF, 965 KB)
- Hearing date 29 30 April 2025 Intervener submissions (HRC) (PDF, 301 KB)
- Hearing date 29 30 April 2025 Intervener submissions (ADL) (PDF, 450 KB)
- Hearing date 29 30 April 2025 Transcript (PDF, 1.1 MB)
- Hearing date 29 30 April 2025 Case Synopsis (PDF, 487 KB)
Criminal Appeal
A Leave to appeal is granted (Tamati v R [2024] NZCA 113).
B The approved questions are as follows:
(a) whether errors by trial counsel may have occasioned a miscarriage of justice; and
(b) whether in the circumstances a reliability warning was required.
2 August 2024
________________________________________________
The appeal is dismissed.
03 July 2025
- Hearing date 25 February 2025 Appellant submissions (PDF, 2.6 MB)
- Hearing date 25 February 2025 Respondent submissions (PDF, 571 KB)
- Hearing date 25 February 2025 Transcript (PDF, 402 KB)
- Hearing date 25 February 2025 Case Synopsis (PDF, 474 KB)
- MR [2025] NZSC 70 (PDF, 286 KB)
- SC 48/2024 Tristan Lee Tamati v The King (Recorded, 25 February 2025)
B The approved question is whether the Court of Appeal was correct to hold that there was no duty of care owed by the respondent to the appellants while carrying out and making statements in relation to pool inspections under the Fencing of Swimming Pools Act 1987.
20 August 2024
____________________________
A notice of abandonment having been filed, the appeal is abandoned.
06 March 2025
- Hearing date 11_12 March 2025 (PDF, 369 KB)