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
David McAlister v Air New Zealand Limited
Case number
SC 49/2008
Summary
Civil – Employment Relations Act 2000 – whether the Court of Appeal erred in finding that the demotion of the appellant as flight instructor did not breach a prohibited ground of discrimination, namely his age, in terms of s 104(1) of the Act – whether the Court of Appeal erred in finding that flight instructors under the age of 60 and performing the same work as the appellant were not a relevant comparator group for the purposes of ss 104(1)(a) and (b) of the Act – whether the Court of Appeal erred in holding that being of a particular age was a genuine occupational qualification for the appellant’s employment as a flight instructor in terms of s 30(1) of the Human Rights Act 1993.[2008] NZCA 264 CA 216/07 30 July 2008
Transcripts
- Hearing 25 and 26 March 2009 SC 49/2008 (PDF, 530 KB)
Media Releases
- MR [2009] NZSC 78 (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Kay Skelton v The Queen
Case number
SC 75/2008
Summary
Pretrial – change of venue appllicationCriminal appeal – whether the Court of Appeal erred in the test it applied under ss 379A and 322 of the Crimes Act 1961 in determining, on appeal, whether there ought to be a change of venue of the applicant’s trial – whether the Court of Appeal erred in its conclusion on the risk of an unfair trial without a change of venue[2008] NZCA 382 CA 424/2008 22 September 2008
Leave judgment - leave dismissed
SKELTON v R SC 75/2008 [30 October 2008] (PDF, 12 KB)
Dates
Application for leave to appeal dismissed.
30 October 2008
Case name
Kenny Leslie McMillan v The Queen
Case number
SC 87/2008
Summary
Criminal – Appeal against conviction – Methamphetamine – Admissibility of Evidence – Fair trial – Whether miscarriage of justice established – Whether Court of Appeal erred in concluding trial Judge correct to refuse to direct editing of video interview and in refusing to rule text message inadmissible – Whether Court of Appeal erred in concluding judicial directions able and sufficient to prevent illegitimate prejudice to applicant from admission of disputed evidence[2008] NZCA 431 CA 411/07 22 October 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
5 February 2009
5 February 2009
Case name
James Michael Leuluaiali’i v The Queen
Case number
SC 1/2007
Summary
Criminal appeal – appellant convicted as party to attempted murder and murder – appeal by a co-accused had been allowed on grounds of error in summing up in relation to parties; like errors in present case – appeal allowed in relation to attempted murder – in relation to murder the proviso to s 385(1) applied and appeal dismissed – whether application of the proviso led to a substantial miscarriage of justice. CA 122/06 22 November 2006
Result
Leave to appeal dismissed. 30 March 2007
Leave judgment - leave dismissed
LEULUAIALI'L v R SC 1/2007 [30 March 2007] (PDF, 16 KB)
Case name
Peter Michael Connolly v The Queen
Case number
SC 4/2007
Summary
Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act. CA 472/2005 6 December 2006
Result
Application for leave to appeal granted. Application for leave to cross appeal dismissed.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Laxman Rajamani v the Queen
Case number
SC 8/2007
Summary
Criminal appeal – murder – husband killed wife – defence of lack of murderous intent and provocation – husband and wife both Indian - alleged provocative act by wife was in threatening to leave her husband for a Pakistani colleague – whether trial judge erred in proceeding with the trial to verdict with only ten jurors after two jurors had been discharged – whether trial judge erred in summing up on provocation – whether defence counsel’s cross-examination of a key Crown witness was inadequate; and whether trial judge’s summing up with respect to that witness was unbalanced – whether hearsay evidence from deceased a few days before her death concerning threats to her life from the defendant should have been admitted under R v Manase [2001] 2 NZLR 197; and whether trial judge’ s instructions as to the use to which that evidence could be put were incorrect. CA 140/06 20 December 2006
Result
Leave to appeal granted.
19 April 2007
____________________________
Appeal allowed, conviction quashed, new trial ordered.
23 August 2007
19 April 2007
____________________________
Appeal allowed, conviction quashed, new trial ordered.
23 August 2007
Transcripts
- Hearing date 25 July 2007 (PDF, 321 KB)
Court of Appeal decision
Leave judgment - leave granted
RAJAMANI v R SC 8/2007 [19 April 2007] (PDF, 12 KB)
Substantive judgment
RAJAMANI v R SC 8/2007 [23 August 2007] (PDF, 38 KB)
Case name
K G L v The Queem
Case number
SC 14/2007
Summary
Criminal – appeal against conviction and sentence – appellant convicted of sexual and assault offences – whether conviction was supported by the evidence – admissibility of evidence at trial – whether the trial Judge’s summing up led to a miscarriage of justice – application for leave to appeal out of time. CA 60/05 4 November 2005
Result
Application for leave to appeal dismissed. 22 May 2007
Leave judgment - leave dismissed
LINDSAY v R SC 14/2007 [22 May 2007] (PDF, 17 KB)
Judgment appealed from
Case name
FP v The Queen
Case number
SC 18/2007
Summary
S ummary Criminal – appeal against conviction and sentence – applicant pleaded guilty in the High Court to seven counts of sexual offending against young girls – whether leave should have been granted for a change of plea – whether language difficulties resulted in a miscarriage of justice – application for leave to appeal out of time.CA 205/05 22 November 2005
Result
Application for leave to appeal dismissed. 13 June 2007
Leave judgment - leave dismissed
F v R SC 18/2007 [13 June 2007] (PDF, 14 KB)
Judgment appealed from
Case name
Z v Dental Complaints Assessment Committee
Case number
SC 22/2007
Summary
Civil – Whether the Court of Appeal erred when it concluded that in dental disciplinary proceedings, where the subject of the charge amounts to an allegation of a criminal offence, the civil standard of proof should be applied – whether the Court of Appeal erred by concluding that where the charge is a serious one there is no real distinction between the civil and criminal standards of proof – whether the Court of Appeal erred in concluding that it would not be an abuse of process for the appellant to face a disciplinary charge which repeats the criminal allegations for which he was acquitted. CA 231/05 22 March 2007
Result
Application for leave to appeal granted
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
Media Releases
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Aqua Technics Pool and Spa Centre New Zealand Limited v Aqua-Tech Limited
Case number
SC 24/2007
Summary
Civil – proprietorship of trade mark – Trademarks Act 1953 – Assistant Commissioner of Trade Marks declined to register “Aqua-Tech” as a trademark in relation to spa and swimming pools – decision overturned by High Court and Court of Appeal – whether the Court of Appeal erred in upholding the High Court’s finding that Aqua-Tech had established public use of the trademark. CA 257/05 22 March 2007
Result
Application for leave to appeal dismissed with Costs of $2,500 to the respondent.
9 July 2007
9 July 2007
Leave judgment - leave dismissed
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