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
Sione Tau Uluakiola v The Queen
Case number
SC 28/2007
Summary
Criminal – appeal against conviction – provocation – whether R v Tai [1976] 1 NZLR 102 should be overruled – meaning of “ ordinary person” in s 169(2)(a) of the Crimes Act 1961 – whether appellant’ s Tongan ethnicity and background a qualifying “special characteristic” that could have increased the gravity of the provocation. CA 123/06 6 December 2006
Result
Application for leave to appeal dismissed
22 June 2007
22 June 2007
Leave judgment - leave dismissed
ULUAKIOLA v R SC 28/2007 [22 June 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Gregory Nielsen and Roderick William Nielsen v Dysart Timbers Limited
Case number
SC 38/2007
Summary
Civil appeal – interpretation of clause in deed of purchase of debt – whether deed extended to companies or entities other than those expressly mentioned in the deed.CA 253/05 22 May 2007
Result
Application for leave to appeal granted.
9 August 2007
_________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
3 June 2009
9 August 2007
_________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
3 June 2009
Leave judgment - leave granted
Judgment appealed from
Number
SC38/2007
Case name
Gustav & Co Limited v MacField Limited
Case number
SC 39/2007
Summary
Civil appeal – unconscionable bargain – contract for sale of commercial land – sole director of applicant company had a terminal illness – contract cancelled by respondent company when full deposit not paid – applicant company sought to recover partial deposit on the basis of unconscionable dealing due to director’s illness – whether the Court of Appeal erred in finding there was no duty to inquire – the extent of knowledge required for such a duty.CA 168/05 24 May 2007
Result
Application for leave to appeal granted.
4 September 2007
4 September 2007
Date of hearing
11 March 2008
Transcripts
- Hearing date 11 March 2008 (PDF, 235 KB)
Media Releases
- mediarelease gustav (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Georgina Kain, George Harry Couper Kain, George Charles Kain, George Thomas Carlton Kain and George Michael Kain and others v Jonathan Rhodes Hutton and others
Case number
SC 40/2007
Summary
Civil – dispute between family members over administration of a number of trusts – whether Court of Appeal erred in finding that resettlement of trust assets was valid – validity of exercise of power of appointment – power of advancement – s 41(c) of Trustee Act 1956 – whether appointment and settlement of shares was valid and not a fraud on the power – whether Court of Appeal erred in refusing to order the Second and Third Respondents to account to the trusts for profits made on the purchase of two farms – whether Court of Appeal erred in not finding a serious breach of trust – whether Court of Appeal erred in finding a particular part of consent order to be valid – interests of grandchildren – s 64A of Trustee Act 1956.CA 237/03, CA 271/04, CA 4/05 22 May 2007
Result
Leave to appeal granted.
20 November 2007
20 November 2007
Transcripts
- Hearing date 19 November 2007 SC 40/2007 (PDF, 128 KB)
- Hearing date 10 June 2008 SC 40/2007 (PDF, 281 KB)
Media Releases
- MR [2008] NZSC 61 (PDF, 88 KB)
Leave judgment - leave granted
Substantive judgment
KAIN AND ORS v HUTTON AND ORS SC 40/2007 [7 August 2008] (PDF, 113 KB)
Judgment appealed from
Case name
Ian Kenneth McMillan v The Queen
Case number
SC 70/2007
Summary
Criminal – appeal against sentence – applicant sentenced to preventive detention in 1995 – unsuccessful appeal to Court of Appeal in 1995 – sought rehearing of appeal in 2005 – Court of Appeal dismissed appeal on rehearing – whether Court of Appeal erred in not considering whether New Zealand regime of preventive detention is in breach of the New Zealand Bill of Rights Act 1990 and/or the International Covenant on Civil and Political Rights – whether Court of Appeal erred in not granting a declaration (R v Hansen (2007) 23 CRNZ 104) – jurisdiction in criminal case to grant declaration of inconsistency with NZBORA and/or ICCPR – whether preventive detention breaches ss 9, 22, 23 and 25 of NZBORA and/or arts 7, 9, 10, 14 and 15 of ICCPR – whether treatment of applicant by New Zealand Courts has breached his rights under ss 25(a), 24(a), 19, and/or 22 of NZBORA – whether applicant was lawfully committed to the High Court for sentence – whether Court of Appeal erred in not substituting a finite sentence.[2007] NZCA 394 CA 110/05 7 September 2007
Result
Application for leave to appeal dismissed. 11 December 2007
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
Case name
Stephen Peter Tandy v The Queen
Case number
SC 86/2007
Summary
Criminal appeal – sentencing – Court of Appeal quashed the sentence of six and a half years imposed by the District Court judge and replaced it with a sentence of eight years – whether the Court of Appeal was correct to increase the sentence imposed in the District Court – in particular, whether courts are obliged to accept eight years as the starting point in cases of sexual violation by rape – whether a guilty plea made after the complainant has given evidence is necessarily less worthy than a guilty plea that spares the complainant the need to give evidence – whether a guilty plea entered part way through trial by one accused is of assistance to the Crown with respect to bolstering the credibility of the complainant’ s evidence – whether the trial judge has an unfettered right to enter a merciful sentence – whether the Court of Appeal made material factual errors – whether the Court of Appeal’s approach has resulted in a miscarriage of justice.[2007] NZCA 550 CA 511/07 29 November 2007
Result
Application for leave to appeal is dismissed. 22 February 2008
Leave judgment - leave dismissed
TANDY v R SC 86/2007 [22 February 2008] (PDF, 21 KB)
Judgment appealed from
Case name
Kevin Joseph Charles Little v R
Case number
SC 88/2007
Summary
Summary Criminal – appeal against conviction and sentence – murder of baby daughter – whether verdict supportable having regard to the evidence (s 385(1)(a) Crimes Act 1961) – whether admission of expert evidence of geophysicist (animation of applicant’s pre-trial explanation of incident) resulted in a miscarriage of justice – whether minimum non-parole period of 17 years manifestly unjust.[2007] NZCA 491 CA 557/07 9 November 2007
Result
Application for leave to appeal is dismissed.
22 February 2008
22 February 2008
Leave judgment - leave dismissed
LITTLE V R SC 88/2007 [22 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Alan Ivo Greer v The Queen
Case number
SC 89/2007
Summary
Criminal appeal – rehearing of appeal against conviction for driving while disqualified, pursuant to R v Smith [2003] NZLR 617 – whether Court of Appeal erred in not allowing appeal against conviction - whether the applicant was prevented from bringing a defence because photographic and transcript evidence had been destroyed or not disclosed - whether the Court of Appeal gave proper consideration to evidence – whether applicant was given necessary access to Court records – whether there was a miscarriage of justice. [2007] NZCA 517 CA 161/06 20 November 2007
Result
Application for leave to appeal dismissed.
22 May 2008
22 May 2008
Leave judgment - leave dismissed
GREER v R SC 89/2007 [22 May 2008] (PDF, 14 KB)
Judgment appealed from
Case name
G v The Queen
Case number
SC 90/2007
Summary
Criminal appeal – appeal against 10 convictions for sexual offences – whether applicant had necessary facilities for making appeal – whether there was a miscarriage of justice. [2007] NZCA 518 CA 179/06 20 November 2007
Result
Application for leave to appeal dismissed.
22 May 2008
22 May 2008
Leave judgment - leave dismissed
G v R SC 90/2007 [22 May 2008] (PDF, 14 KB)
Judgment appealed from
Case name
Colin Todd Parker v The Queen
Case number
SC 92/2007
Summary
Criminal – appeal against conviction of indecently assaulting a girl under 12 years – whether the Court of Appeal erred by holding that the fact the defence had not produced evidence of a motive for the complainant to give false evidence was relevant to the jury’s assessment of her credibility – whether the trial judge’s summing up conformed with R v T [1998] 2 NZLR 257 - whether R v T should represent the law in New Zealand insofar as it allows juries to regard a complainant’s evidence as more likely to be true where the defence has not offered any evidence for why the defendant might lie – whether R v T reverses the onus of proof in breach of sections 25(c) and (d) of the New Zealand Bill of Rights Act 1990. [2007] NZCA 534 CA 479/07 CA 572/07 CA 211/06 22 November 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
PARKER v R SC 92/2007 [15 April 2008] (PDF, 20 KB)
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