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.
31 July 2026
Case information summary (as at 31 July 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 31 July 2026) – Cases where leave to appeal decision not yet made (PDF, 131 KB)
All years
Case name
Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Me
Case number
SC 135/2016
Summary
Civil Appeal – Securities Act 1978 – Whether the Court of Appeal erred in its interpretation and application of the Securities Act 1978, ss 2, 55 and 56 – Whether the Court of Appeal findings preclude Fair Trading Act 1986 claims. [2016] NZCA 493 CA578/2014
Result
A The appeal in relation to the fourth and fifth respondents is dismissed.
B The appeal in relation to the first, second and third respondents is allowed to the limited extent described below.
C The Court of Appeal’s finding that the forecast of revenue for the financial year ended 30 June 2004 (the untrue statement) was, at the time of allotment of the shares offered for subscription in the Feltex prospectus, an untrue statement for the purposes of s 56 of the Securities Act 1978, is upheld.
D The Court of Appeal’s findings that the untrue statement did not give rise to liability under s 56 of the Securities Act 1978 and was not in breach of s 9 of the Fair Trading Act 1986 are set aside.
E We find that the untrue statement was in breach of s 9 of the Fair Trading Act 1986.
F The questions of whether plaintiffs represented by the appellant: (i) invested on the faith of the prospectus in terms of s 56 of the Securities Act 1978 and, if so; (ii) suffered any loss by reason of the untrue statement in terms of s 56 of the Securities Act 1978 and, if so, the quantum of such loss; and (iii) are entitled to any remedy under the Fair Trading Act 1986 are left for resolution by the High Court at the stage 2 hearing.
G In all other respects, the appeal in relation to the first to third respondents is dismissed.
H Costs in this Court and the Courts below are reserved. Submissions on costs should be filed and served according to the following timetable: (i) Appellant: 20 working days after the date of this judgment. (ii) First to third respondents: 10 working days after the appellant’s submissions are filed. (iii) Fourth and fifth respondents: 10 working days after the first to third respondents’ submissions are filed. (iv) Appellant in reply: 10 working days after the fourth and fifth respondents’ submissions are filed.
15 August 2018
_________________________________
A The first to third respondents must pay the appellant costs of $30,000 plus usual disbursements.
B Costs in the High Court should be reconsidered by that Court in light of this Court’s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment.
C Costs in the Court of Appeal should be determined in light of this Court’ s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment if the agreement between the parties as to costs in that Court expressly or impliedly allows for such a determination to occur.
22 November 2018
B The appeal in relation to the first, second and third respondents is allowed to the limited extent described below.
C The Court of Appeal’s finding that the forecast of revenue for the financial year ended 30 June 2004 (the untrue statement) was, at the time of allotment of the shares offered for subscription in the Feltex prospectus, an untrue statement for the purposes of s 56 of the Securities Act 1978, is upheld.
D The Court of Appeal’s findings that the untrue statement did not give rise to liability under s 56 of the Securities Act 1978 and was not in breach of s 9 of the Fair Trading Act 1986 are set aside.
E We find that the untrue statement was in breach of s 9 of the Fair Trading Act 1986.
F The questions of whether plaintiffs represented by the appellant: (i) invested on the faith of the prospectus in terms of s 56 of the Securities Act 1978 and, if so; (ii) suffered any loss by reason of the untrue statement in terms of s 56 of the Securities Act 1978 and, if so, the quantum of such loss; and (iii) are entitled to any remedy under the Fair Trading Act 1986 are left for resolution by the High Court at the stage 2 hearing.
G In all other respects, the appeal in relation to the first to third respondents is dismissed.
H Costs in this Court and the Courts below are reserved. Submissions on costs should be filed and served according to the following timetable: (i) Appellant: 20 working days after the date of this judgment. (ii) First to third respondents: 10 working days after the appellant’s submissions are filed. (iii) Fourth and fifth respondents: 10 working days after the first to third respondents’ submissions are filed. (iv) Appellant in reply: 10 working days after the fourth and fifth respondents’ submissions are filed.
15 August 2018
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A The first to third respondents must pay the appellant costs of $30,000 plus usual disbursements.
B Costs in the High Court should be reconsidered by that Court in light of this Court’s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment.
C Costs in the Court of Appeal should be determined in light of this Court’ s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment if the agreement between the parties as to costs in that Court expressly or impliedly allows for such a determination to occur.
22 November 2018
Transcripts
- Hearing date 5 April 2017 (PDF, 284 KB)
Media Releases
- MR [2018] NZSC 74 (PDF, 68 KB)
Additional document
Transcript hearing date 5 September 2017 (PDF, 1.4 MB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
HOUGHTON v SAUNDERS & ORS [2017] NZSC 55 (PDF, 113 KB)
Substantive judgment
Supreme court decision
Case name
Malcolm Edward Rabson v Attorney-General
Case number
SC 147/2016
Summary
Civil Appeal – Judicial Review – Whether the High Court Judge erred in striking out the judicial review claim.[2016] NZHC 2876 CIV 2016-485-000149
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
3 March 2017
B Costs of $2,500 are awarded to the respondent.
3 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Walter Fitikefu v The Queen
Case number
SC 2/2015
Summary
Criminal Appeal – Whether there has been a miscarriage of justice.[2014] NZCA 99 CA 356/2013
Result
Application for leave to appeal dismissed.
10 March 2015
10 March 2015
Leave judgment - leave dismissed
WALTER FITIKEFU v R [2015] NZSC 22 10 March 2015 (PDF, 80 KB)
High Court decision
Judgment appealed from
Case name
Vincent Ross Siemer and Jane Dinsdale Siemer v Kevin Stanley Brown and others
Case number
SC 8/2015
Summary
Civil Appeal – Judicial Review – Whether the High Court incorrectly applied test for apprehended bias – Whether the High Court provided counsel with opportunity to be heard – Whether there was an inordinate delay of judgment – Whether the High Court made factual findings contrary to uncontested evidence – Whether the Judge was required to disqualify himself under Section F(1) of the New Zealand Guidelines for Judicial Conduct – Whether there was a breach of natural justice.[2014] NZHC 3175 Civ 2008 044 517
Result
Application for leave to appeal dismissed.
20 April 2015
_____________________________
Application for recall dismissed.
5 May 2015
20 April 2015
_____________________________
Application for recall dismissed.
5 May 2015
High Court decision
Leave judgment - leave dismissed
Recall judgment
Case name
Rebel Waitohi v The Queen
Case number
SC 9/2015
Summary
Criminal Appeal – Whether the Court of Appeal erred in concluding that the applicant’s sentence was not manifestly excessive.[2014] NZCA 614 CA 429/2014
Result
Application for leave to appeal is dismissed.
22 April 2015
22 April 2015
High Court decision
Leave judgment - leave dismissed
REBEL WAITOHI v R [2015] NZSC 43 22 April 2015 (PDF, 80 KB)
Judgment appealed from
Case name
Proprietors of Wakatū and Rore Pat Stafford and others v Attorney-General and Ngāti Rārua Iwi Trust and Ngāti Kōata Trust
Case number
SC 13/2015
Summary
Civil appeal – Whether the Crown breached legally enforceable obligations in respect of land acquired for the New Zealand Company’s Nelson Settlement – Whether lapse of time provides the Crown a defence – Whether the first and third appellants have standing.[2014] NZCA 628 CA 436/2012
Result
A The application by the first, second and third applicants for leave to appeal the judgment of the Court of Appeal delivered on 19 December 2014 in Proprietors of Wakatū v Attorney-General [2014] NZCA 628, [2015] 2 NZLR 298 is granted.
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
_____________________________
A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
_____________________________
A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017
Transcripts
- Hearing date 12 - 15 October 2015 (PDF, 2.2 MB)
Media Releases
- MR [2017] NZSC 17 (PDF, 291 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Malcolm Edward Rabson and Richard John Creser v Transparency International (New Zealand) Inc
Case number
SC 22/2015
Summary
Civil Appeal – Whether the High Court erred in striking out the applicant’s application for judicial review. [2015] NZHC 334 CIV 2014-485-10920
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable to the respondent.
8 May 2015
B Costs of $2,500 are payable to the respondent.
8 May 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kensington Developments Limited (in receivership) v Commissioner of Inland Revenue
Case number
SC 25/2015
Summary
Civil Appeal – whether the Court of Appeal erred in upholding the High Court’s decision to transfer taxation challenge proceedings from the Taxation Review Authority to the High Court.[2015] NZCA 60 CA 64/2014
Result
Application for leave to appeal dismissed.
Costs $2,500 to the respondent.
4 June 2015
Costs $2,500 to the respondent.
4 June 2015
Leave judgment - leave dismissed
Case name
Bruce Brendon van Essen and Jason Patterson v The Attorney-General and others
Case number
SC 28/2015
Summary
Civil Appeal – Unreasonable Search and Seizure under New Zealand Bill of Rights Act 1990 – Whether Court of Appeal applied correct test for public law remedies – Whether Court of Appeal correctly applied principles in Taunoa v Attorney General – Whether Court of Appeal correct in reliance on Independent Police Conduct Authority reports as a basis for assessing NZBORA compensation – Whether Court of Appeal correct in finding there was a proper basis for obtaining and executing search warrants – Whether Court of Appeal correct in finding that s 27 Crimes Act 1961 conferred immunity on defendants.[2015] NZCA 22 CA 320/2013; CA 339/2013; CA 593/2013; CA 594/2013
Result
A The applications for leave to appeal are dismissed.
B The applicants are to pay costs of $2,500 to both:
the first respondent, and the second and third respondents jointly.
13 July 2015
_________________
Reissued 3 November 2015.
A The applications for leave to appeal are dismissed.
B There is no order as to costs.
________________________
We certify that, were it not for s 45(2) of the Legal Services Act 2011, the applicants would have been ordered to pay the second and third respondents jointly costs of $2,500.
15 March 2016
B The applicants are to pay costs of $2,500 to both:
the first respondent, and the second and third respondents jointly.
13 July 2015
_________________
Reissued 3 November 2015.
A The applications for leave to appeal are dismissed.
B There is no order as to costs.
________________________
We certify that, were it not for s 45(2) of the Legal Services Act 2011, the applicants would have been ordered to pay the second and third respondents jointly costs of $2,500.
15 March 2016
Supreme court decision
Leave judgment - leave dismissed
Leave judgment - leave dismissed
Judgment appealed from
Case name
Derek Nicholas Blackwell and Charles Basil Blackwell as Executors and Trustees of the Estate of Ross Winston Blackwell v Leith Roger Chick and Rosemary Chick and Edmonds Judd
Case number
SC 30/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the applicants’ lack of mental capacity and unconscionable bargain defences in CA 481/2013 – Whether the Court of Appeal erred in holding that the deceased had sufficient mental capacity in CA 476/2013 – Whether the Court of Appeal erred in holding there was no causation as to the lawyer’ s negligent advice and the loss suffered by the deceased.[2015] NZCA 34 CA 481/2013; CA 476/2013
Result
A The application for leave to appeal in CA 481/2013 is dismissed.
B Costs of $2,500 are payable by the applicants to the first respondents.
C The application for leave to appeal in CA 476/2013 is granted.
D The approved question is whether the Court of Appeal was correct in its conclusion that, on the findings in the High Court, the negligence of the second respondent caused no loss.
19 June 2015
________________
A The appeal is allowed. Judgment is given for the appellants in the sum of $1,000,000.
B Interest of five per cent is ordered from the date of settlement by Mr and Mrs Chick of the purchase of the farm.
C The respondent is to pay costs of $25,000 to the appellants plus all reasonable disbursements, to be fixed if necessary by the Registrar.
D The costs order in the Court of Appeal (CA476/2013) is set aside. Costs in that Court and in the High Court should be set by those Courts in light of this judgment.
22 April 2016
B Costs of $2,500 are payable by the applicants to the first respondents.
C The application for leave to appeal in CA 476/2013 is granted.
D The approved question is whether the Court of Appeal was correct in its conclusion that, on the findings in the High Court, the negligence of the second respondent caused no loss.
19 June 2015
________________
A The appeal is allowed. Judgment is given for the appellants in the sum of $1,000,000.
B Interest of five per cent is ordered from the date of settlement by Mr and Mrs Chick of the purchase of the farm.
C The respondent is to pay costs of $25,000 to the appellants plus all reasonable disbursements, to be fixed if necessary by the Registrar.
D The costs order in the Court of Appeal (CA476/2013) is set aside. Costs in that Court and in the High Court should be set by those Courts in light of this judgment.
22 April 2016
Transcripts
- Hearing date 2 February 2016 (PDF, 514 KB)
Media Releases
- MR [2016] NZSC 40 (PDF, 253 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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