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.
14 May 2024
Case information summary 2024 (as at 14 May 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024) – Cases where leave to appeal decision not yet made (PDF, 92 KB)
All years
14 May 2015
______________________
A The application for leave to appeal is granted (The Attorney-General v Ririnui [2015] NZCA 160).
B The approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on:
(a) the claimed bad faith on the part of Landcorp;
(b) the acknowledged error of law by the Office of Treaty Settlements in its advice to Landcorp;
(c) the failure of the shareholding Ministers of Landcorp to intervene.
C The first respondent is restrained until further order of the Court from settling the agreement for sale and purchase of Whārere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
D The Registrar is directed to serve a copy of this judgment on the purchaser.
27 May 2015
________________________
A The appeal is allowed in part.
B The following declarations are made:
(i) The decision of Landcorp Farming Limited’s shareholding Ministers and the Minister for Treaty of Waitangi Negotiations not to intervene in the tender process on behalf of Ngāti Whakahemo as they did on behalf of Ngāti Mākino was a wrongful exercise of a public power because it was made under a material mistake.
(ii) The decision by Landcorp Farming Limited on 28 February 2014 to sell Whārere farm to Micro Farms Limited was a wrongful exercise of a public power because it was made under a material mistake.
C All other forms of relief claimed by the appellant are declined.
D The restraining order made by this Court in Order C of its judgment granting leave to appeal (Ririnui v Landcorp Farming Ltd [2015] NZSC 72) is discharged.
E Costs are reserved. The parties may file written submissions as to costs in this Court and in the Courts below if they are unable to reach agreement.
9 June 2016
___________
A The orders of the Court of Appeal as to costs are quashed.
B The parties are to bear their own costs in all Courts.
1 May 2017
- Hearing date 26 May 2015 (PDF, 308 KB)
- MR [2016] NZSC 62 (PDF, 265 KB)
B The approved ground is whether the applicant’s counsel should have been permitted to cross-examine the complainant as to her prior rape complaint and lead evidence to the effect that it was false.
3 November 2015
___________________
The appeal is dismissed.
8 September 2016
- MR [2016] NZSC 122 (PDF, 250 KB)
B The approved questions are whether the Court of Appeal was right:
(i) to hold that the first applicant was personally liable under s 32(5) of the Receiverships Act 1993 to pay body corporate levies to the respondent in relation to the second applicant’s units; and
(ii) to find that the first applicant had no arguable claim for relief from personal liability under s 32(7) of the Act.
4 September 2015
_______________
A The judgment of the Court of Appeal is affirmed.
B There is no order for costs.
2 June 2016
- Hearing date 8 December 2015 (PDF, 393 KB)
- MR [2016] NZSC 61 (PDF, 250 KB)
B The approved question is whether the trial Judge was wrong to conclude that the actions of the applicant on the night of the alleged offending were sufficiently proximate to constitute the actus reus of an attempt.
15 October 2015
____________________
The appeal is dismissed.
6 July 2016
- MR [2016] NZSC 83 (PDF, 244 KB)
Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ
31 July 2015
__________________
Judgment released. Details, including result, are suppressed until final disposition of trial.
17 June 2016
B The approved questions are:(a) was the Court of Appeal wrong to consider the ground of reassessment set out in the Reassessment letter as irrelevant, or was the Court otherwise acting outside its jurisdiction in determining the appeal? If not, was the Court of Appeal correct in its conclusions on s DA 1?(b) Despite stating that it proceeded on the basis of accepting the High Court’s findings of fact, were any aspects of the Court of Appeal’s judgment based on findings for which there was no evidence before the Court and/or that was contradicted by the evidence before the Court? If so, what is the significance of this?(c ) What is the correct approach to determining whether the expenditure of the type at issue in this proceeding has been incurred on revenue or capital account, for the purposes of s DA 2(1) of the Act?(d) Was the Commissioner correct, or at least not in error, to select the date by which the applicant had decided to apply for a resource consent as the point at which its expenditure was sufficiently connected to the capital purpose of obtaining a resource consent to be on capital account?
11 September 2015
_______________________
A The appeal is dismissed.
B Trustpower is to pay the Commissioner costs of $45,000 and reasonable disbursements to be fixed by the Registrar.
27 July 2016
- Hearing date 8 - 10 March 2016 (PDF, 1.4 MB)
- trustpowervcommirpress (PDF, 246 KB)
15 February 2016
______________
The appeals are dismissed.
10 August 2016
- Hearing date 9 June 2016 (PDF, 456 KB)
- MR [2016] NZSC 101 (PDF, 239 KB)
27 August 2015
_______________
A The appeal is allowed.
B Permission under s 49(2)(a) of the Evidence Act 2006 is given to the appellant to adduce evidence from himself and the co-defendants in which they may give their accounts of their interactions with the complainant on the night of the offending and as to the prior sexual relationship of one of the co-defendants with the complainant.
C Permission is refused in respect of the recantation and inconsistent conduct evidence and the evidence referred to in [74] (other than that identified in [77]).
D There is no direction under s 49(2)(b).
5 May 2016
B The approved grounds are whether the Court of Appeal was correct to conclude that:
(i) The claims in negligence are arguable;
(ii) The claims for negligent misstatement are not arguable; and(iii) Section 393 of the Building Act 2004 does not apply to the claims.
30 November 2015
____________________
A The appellant’s appeal is dismissed.
B The respondents’ cross-appeal is allowed.
C The order striking out the negligent misstatement cause of action is quashed.D The appellant must pay to the respondents (collectively) costs of $45,000 and reasonable disbursements, to be fixed if necessary by the Registrar.
29 July 2016
- Hearing date 13 - 15 April 2016 (PDF, 1.5 MB)
- MR [2016] 95 (PDF, 248 KB)
B The approved questions are:
Did the “clean and tidy” clauses in the 1985 leases between Mobil Oil New Zealand Ltd and the Auckland WaterfrontDevelopment Agency Ltd require Mobil Oil New Zealand Ltd to remediate any hydrocarbon contamination of the leased land on termination of the leases?
If not, is Mobil Oil New Zealand Ltd liable for the costs of remediating any such contamination on the basis that it breached an implied term in the leases not to commit waste?
If the answer to either (a) or (b) is “yes”, does the remediation obligation relate only to hydrocarbon contamination caused since 1985 or does it extend to contamination caused to the land since 1925?
20 November 2015
______________
A The appeal is allowed, the judgment of the Court of Appeal is reversed and the judgment of Katz J (including the costs orders made by her) is restored.
B Mobil is entitled to costs in respect of the appeal to the Court of Appeal to be fixed by that Court and to costs of $25,000 and reasonable disbursements in respect of the appeal to this Court.
20 July 2016
- Hearing date 20 April 2016 (PDF, 490 KB)
- MR [2016] NZSC 89 (PDF, 246 KB)