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.
5 June 2026
Case information summary (as at 5 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 5 June 2026) – Cases where leave to appeal decision not yet made (PDF, 124 KB)
All years
Case name
Jolene Keane v The Queen
Case number
SC 33/2015
Summary
Criminal Appeal – whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence. [2015] NZCA 31 CA 446/2014
Result
Application for leave to appeal dismissed.
22 June 2015
22 June 2015
Leave judgment - leave dismissed
JOLENE KEANE v R [2015] NZSC 87 22 June 2015 (PDF, 73 KB)
Judgment appealed from
Case name
Richard John Creser v Janine Michelle Creser and The Official Assignee
Case number
SC 46/2015
Summary
Civil Appeal – Whether Cooper J erred in dismissing the application under appeal without a hearing.[2015] NZHC 709 CIV 2015-485-60
Result
A The application for leave to appeal is dismissed.
B There is no order for costs.
16 July 2015
___
Application for recall is dismissed.
21 July 2015.
___
Second application for recall is dismissed.
22 July 2015.
___
A The application for recall is dismissed.
B The Registrar is directed not to accept for filing any further applications for recall. 29 July 2015 ___ The application for review of Glazebrook J’ s decision is dismissed.
19 October 2015
B There is no order for costs.
16 July 2015
___
Application for recall is dismissed.
21 July 2015.
___
Second application for recall is dismissed.
22 July 2015.
___
A The application for recall is dismissed.
B The Registrar is directed not to accept for filing any further applications for recall. 29 July 2015 ___ The application for review of Glazebrook J’ s decision is dismissed.
19 October 2015
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Supreme court decision
Judgment appealed from
Case name
Richard Lyall Genge v Chief Executive of the Department of Corrections
Case number
SC 53/2015
Summary
Criminal appeal – whether the Court of Appeal erred dismissing the applicant’s appeal against the High Court’s decision to decline his application for habeas corpus.[2015] NZCA 157 CA 208/2015
Result
Application for leave to appeal dismissed. 22 June 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Sione Fehoko Makanesi v The Queen
Case number
SC 63/2015
Summary
Criminal Appeal – Whether the applicant’s lawyer failed to follow instructions – Whether the applicant’s lawyer should also have appealed against conviction.[2015] NZCA 134 CA 326/2014
Result
Application for leave to appeal dismissed. 21 September 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Transparency International New Zealand Incorporated
Case number
SC 85/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal should have granted the application for an extension of time. CA 156/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
16 October 2015
___________________________
Application for recall dismissed.
22 October 2015
B The applicant must pay costs of $2,500 to the respondent.
16 October 2015
___________________________
Application for recall dismissed.
22 October 2015
Recall judgment
Leave judgment - leave dismissed
Case name
Carl James Peterson v Attorney-General
Case number
SC 87/2015
Summary
Civil Appeal – Whether an extension of time should be granted – Whether leave to appeal directly to the Supreme Court should be granted to allow the applicant to challenge the decision in Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462 – Whether Associate Judge Christiansen’ s judgment should be set aside. [2015] NZHC 1336 CIV 2015 463 22
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
23 October 2015
B The applicant must pay costs of $2,500 to the respondent.
23 October 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Janine Davina Sax v Luke Andrew Simpson
Case number
SC 90/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43 – Whether the Court of Appeal erred in dismissing the applicant’s application for an extension of time to file the case on appeal. [2015] NZCA 362 CA 112/2015
Result
Application for leave to appeal dismissed. No order as to costs.
15 October 2015
____________________
Application for recall dismissed
22 October 2015
15 October 2015
____________________
Application for recall dismissed
22 October 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
John Grant Cuthers v The Queen
Case number
SC 99/2015
Summary
Criminal Appeal – Crimes Act 1961, ss 167(b) and 168(1)(a) – Whether the Court of Appeal erred in holding that the High Court Judge was correct not to direct that jury that they had to be unanimous as to the applicant’ s knowledge.[2015] NZCA 366 CA 186/014
Result
The application for leave to appeal is dismissed.
22 August 2016
22 August 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Escrow Holdings Forty-One Limited and Kallina Limited v District Court at Auckland and Body Corporate 341188 and others
Case number
SC 108/2015
Summary
Civil Appeal – Property Law Act 1952 – Whether the Court of Appeal erred in its interpretation of the land covenant – Whether the Court of Appeal erred in failing to give any weight to extrinsic evidence in the interpretation of the covenant – Whether the Court of Appeal erred in failing to give proper weight to the distinction between a covenant and an easement as distinguished in the Property Law Act. [2015] NZCA 393 CA 185/2014
Result
A Leave to appeal is granted (Body Corporate 341188 v District Court at Auckland [2015] NZCA 393).
B The approved ground is:Does the Deed of Covenant (when read alongside the Memorandum of Encumbrance) confer on the registered proprietors of Lot 2 the exclusive right to use the area shown as “A” on the plan attached to the Deed of Covenant (area “A”) for the purposes of car parking and the right to use the right of way shown as “F” and “G” on the same plan to access area “A”?
C We make a direction that service on the fourteenth to thirty-ninth respondents be dispensed with.
10 December 2015
___________
A The appeal is dismissed.
B The appellants must pay the second to twelfth respondents costs of $25,000 plus reasonable disbursements, to be fixed by the Registrar if necessary. We certify for two counsel.
20 December 2016
B The approved ground is:Does the Deed of Covenant (when read alongside the Memorandum of Encumbrance) confer on the registered proprietors of Lot 2 the exclusive right to use the area shown as “A” on the plan attached to the Deed of Covenant (area “A”) for the purposes of car parking and the right to use the right of way shown as “F” and “G” on the same plan to access area “A”?
C We make a direction that service on the fourteenth to thirty-ninth respondents be dispensed with.
10 December 2015
___________
A The appeal is dismissed.
B The appellants must pay the second to twelfth respondents costs of $25,000 plus reasonable disbursements, to be fixed by the Registrar if necessary. We certify for two counsel.
20 December 2016
Transcripts
- Hearing date 28 June 2016 (PDF, 624 KB)
Media Releases
- MR [2016] NZSC 167 (PDF, 251 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Lindsay James Trevor Smallbone v George Paul London, Ian Neville Wishart, Howling at the Moon Publishing Limited, Paulette Merle London
Case number
SC 109/2015
Summary
Civil Appeal – Whether the High Court was correct to recall the original judgment issued post verdict in a civil jury trial for defamation – Whether the High Court had jurisdiction to order a retrial post verdict – Whether new evidence justified ordering a retrial.[2015] NZCA 391 CA 324/2014
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are awarded to the first and fourth respondents. 17 December 2015
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Page 34 of 50