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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

Case name
John Hemmes v John Patrick Young
Case number
SC CIV 27/2004
Summary
Family law - whether s16(2) of the Adoption Act 1995 precludes the High Court from issuing a declaration of paternity under s10 of the Status of Children Act 1969 in respect of a child and natural parent where the child has been adopted.
Result

Leave to appeal granted.

8 March 2005

______________

Appeal allowed. All orders made below are set aside. The proceeding is struck out. Costs to the appellant in the total sum of $25,000 to cover all courts plus disbursements.

15 July 2005
Leave judgment - leave granted
HEMMES V YOUNG  [2005] NZSC 9  8 March 2005
Substantive judgment

HEMMES V YOUNG SC CIV 27/2004 [15 July 2005]
Transcript

Hearing date : 23 June 2005
Judgment appealed from
CA 33/04 26 November 2004 (note : not available electronically)
Case name
Fiso Siloata
Case number
SC CRI 8/2004
Summary
Criminal appeal against conviction for possession of cannabis for supply - whether the jury must be unanimous that the defence has failed to rebut the presumption that possession of cannabis was for supply. CA 447/03 14 July 2004
Result
Leave to appeal granted.
14 September 2004
____________________________
Appeal dismissed.
16 December 2004
Leave judgment - leave granted
Siloata v R 14 september 2004 SC CRI 8/2004 (PDF, 10 KB)
Supreme court decision
SILOATA V R SC SC CRI 8/2004 [16 December 2004] (PDF, 79 KB)
Judgment appealed from
The Queen v Siloata [2004] NZCA 144 (14 July 2004)
Transcript
Hearing date : 17 November 2004
Case name
R v Atirut Sungsuwan.
Case number
SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Leave judgment - leave granted
R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF, 12 KB)
Substantive judgment
SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF, 146 KB)
Transcript

Leave hearing date :15 December 2004

 
Case name
Aerengaroa Timoti v The Queen
Case number
SC CRI 14/2004
Summary
Criminal appeal against conviction - Whether, in the circumstances of this case, provocation was available as a partial defence to murder under s167(d) of the Crimes Act - Whether the jury direction on provocation was inadequate, resulting in a miscarriage of justice. CA3/00 25 August 2004 PDF 92kb
Result
Leave to appeal granted.
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
Leave judgment - leave granted
TIMOTI V R SC SC CRI 14/2004 [10 December 2004] (PDF, 11 KB)
Transcript
Hearing date : 17 March 2005
Substantive judgment

TIMOTI V R SC CRI 14/2004 21 June 2005
Case name
V v The Queen
Case number
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including theresult) 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.                                                               

7 July 2017

______________________

Substantive:

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.               
21 September 2017
Case number                              

SC 54/2017
Hearing date

Hearing date : 22 August 2017                                                                      
Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ.
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