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.
4 September 2026
Case information summary (as at 4 September 2026) – Cases where leave granted (PDF, 116 KB)
Case information summary (as at 4 September 2026) – Cases where leave to appeal decision not yet made (PDF, 132 KB)
All years
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
Case name
Douglas Banks and Christine Sandra Banks v Grey District Council
Case number
SC 114/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a document sought to be discovered by the applicants was legally privileged – Whether the Court of Appeal erred in its interpretation of the leases – Whether the Court of Appeal erred in holding that the applicants had failed to discharge the evidential burden as to fraudulent misrepresentation. [2015] NZCA 417 CA 460/2013; CA 667/2013
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are payable to the respondent.
28 October 2015
______________________________
The application for recall is dismissed.
11 November 2015
28 October 2015
______________________________
The application for recall is dismissed.
11 November 2015
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Case name
R v The Queen
Case number
SC 119/2015
Summary
Criminal appeal – Evidence Act 2006, s 43 – Whether propensity evidence was correctly admitted – Whether directions from the trial Judge were sufficient to cure the risk of unfairly prejudicial evidence affecting the jury’s verdicts.[2015] NZCA 394 CA 477/2014
Result
The application for leave to appeal is dismissed.
16 February 2016
16 February 2016
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Anaru Morgan v The Queen
Case number
SC 120/2015
Summary
Criminal Appeal – Appeal from the High Court – Propensity evidence – Whether the evidence is properly admissible under s 43 of the Evidence Act 2006. [2015] NZCA 465 CA 405/2015
Result
Application for leave to appeal dismissed.
24 November 2015
24 November 2015
Court of Appeal decision
Case name
M Hayes v Family Court and Judith Guerin
Case number
SC 122/2015
Summary
Civil Appeal – Judicial Review – Family Protection Act 1955, s 3A – Whether Court of Appeal erred in dismissing the claim that the Family Court had no jurisdiction under s 3A(2) Family Protection Act – Whether Court of Appeal erred in finding that there was no proceeding in the High Court – Whether High Court erred in allowing further respondents to join proceedings.[2015] NZCA 470 CA 604/2012
Result
Application for leave to appeal dismissed. No order as to costs. 21 December 2015
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Transparency International New Zealand Incorporated
Case number
SC 129/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in resurrecting an appeal deemed abandoned – Whether the Court of Appeal acted without jurisdiction in awarding costs to the respondent. [2015] NZCA 543 CA 156/2013
Result
The application for leave to appeal is dismissed. The applicant is to pay the respondent costs of $2,500. 16 February 2016 The recall application is dismissed.
15 March 2016
15 March 2016
High Court decision
Leave judgment - leave dismissed
Recall judgment
Case name
Ross Donald Macrae and Lynette Gweneth Joy Macrae v Anthony Patrick Walshe and others
Case number
SC 16/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the right of way allows access only to a single dwelling on the dominant land and for naturally related or ancillary purposes – Whether the Court of Appeal erred in holding that the applicant’s property was a “dwelling” for the purpose of the easement– Whether the Court of Appeal erred in holding that the easement should be modified in accordance with that Court’ s conclusions – Whether the Court erred in relation to costs.[2013] NZCA 664 CA 814/2012
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vincent Ross Siemer v Deputy Registrar of the Court of Appeal
Case number
SC 22/2014
Summary
Civil Appeal – Judicature Act 1908, s 66 – Whether the Court of Appeal negated the statutory right of appeal against a High Court Judge’ s order provided by s 66 – Whether the Court of Appeal’s judgment impedes the statutory guarantee to judicial review – Whether the Court of Appeal erred in determining what constitutes a ‘judicial order’ .[2014] NZCA 5
Result
Application for leave to appeal is dismissed.
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
1 May 2014
_______________
Application for recall dismissed.
26 May 2014
________________
Second application for recall dismissed.
5 June 2014
Recall judgment
Leave judgment - leave dismissed
Judgment appealed from
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