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
Geoffrey Paul Affleck v The Queen
Case number
SC 78/2006
Summary
Criminal – appeal against conviction – trial conducted on basis that applicant’s wife was asleep during alleged sexual offending against daughter’s friend – wife present in Court but did not give evidence – wife gave evidence to Court of Appeal that she was awake and witnessed no offending – whether Court of Appeal erred in finding it “inconceivable” that such crucial evidence would not have been communicated to, or would have been ignored by, counsel – whether Court of Appeal erred in rejecting evidence as honest but “implausible” and in refusing to order a re-trial. CA 446/05 14 September 2006
Result
The application for leave to appeal is dismissed.
4 December 2006
4 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Murray Alexander Menzies v The Queen
Case number
SC 80/2006
Summary
Criminal – Court of Appeal’s jurisdiction – alleged application and effect of International Covenant on Civil and Political Rights in this regard – alleged power of the Court to strike down or disregard legislation. CA 144/06 13 September 2006
Result
Application for leave to appeal dismissed.
28 November 2006
28 November 2006
Court of Appeal decision
Leave judgment - leave dismissed
MENZIES v R SC 80/2006 [28 November 2006] (PDF, 62 KB)
Case name
Ross Ferguson Burns v The Queen
Case number
SC 81/2006
Summary
Criminal appeal – appeal against conviction – appellant convicted of indecent assault but acquitted of sexual violation by unlawful sexual connection – whether there is an inconsistency between the verdicts such as to give rise to a substantial miscarriage of justice – whether admission of a child complainant’s evidence that altered in the course of successive evidential interviews gives rise to a substantial miscarriage of justice. CA 55/06 12 June 2006
Result
Application for leave to appeal is dismissed.
18 December 2006
18 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Wi Te Tau Huata v The Queen
Case number
SC 84/2006
Summary
Summary Criminal – appeal against conviction – whether Court of Appeal erred in dismissing appeal – applicant convicted of four counts of fraud and one count of perverting the course of justice. CA 411/05 20 October 2006
Result
Application for leave to appeal dismissed.
15 February 2007
15 February 2007
Court of Appeal decision
Leave judgment - leave dismissed
HUATA V R SC 84/2006 [15 February 2007] (PDF, 15 KB)
Case name
Prime Commercial Limited v Wool Board Disestablishment Company Limited
Case number
SC 85/2006
Summary
Summary Civil appeal – applicant unsuccessful participant in “ informal” tender process conducted by respondent – whether summary judgment should have been granted for respondent – whether Courts below erred in rejecting existence of process contract and thereby all other causes of action – whether duty of care or statutory duty owed by respondent to applicant in conducting sale process – whether Courts below erred in finding that representations by respondent were neither negligent nor (in terms of s 9 Fair Trading Act 1986) misleading or deceptive. CA 110/05 18 October 2006
Result
Application for leave to appeal dismissed.
7 March 2007
7 March 2007
Leave judgment - leave dismissed
Case name
Patricia Linda Owens v The Chief Executive of the Ministry of Social Development
Case number
SC 89/2006
Summary
Summary Civil – applicant in receipt of benefits paid by Work and Income – failure to declare interest in a flat which was rented out – applicant did not deliberately mislead WINZ – whether inequitable for WINZ to seek repayment of accommodation supplement – whether relative fault can be taken into account for the purposes of s 86(9A) Social Security Act 1964 – whether principles from common law change of position defence apply to s 86(9A).CA 131/05, CA 132/05 30 October 2006
Result
Application for leave to appeal dismissed. Costs $1500 to respondent.
20 February 2007
20 February 2007
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Christopher John Manawatu v The Queen
Case number
SC 92/2006
Summary
Criminal – applicant convicted of aggravated robbery and driving while disqualified – applicant convicted in separate proceeding of three counts of manslaughter, and one charge each of reckless driving and excess blood alcohol – no appeal against conviction or sentence – whether s 398 Crimes Act infringes ss 14, 25(a) and 25(h) New Zealand Bill of Rights Act 1990 or Articles 14(1), 19(2) and 26 of ICCPR – whether s 398 discriminates against criminal appellants, there being no equivalent provision applying to civil cases – whether Court of Appeal should have disclosed to counsel prior to the hearing that s 398(1) is in the process of being repealed - whether Court of Appeal should have made Declaration of Inconsistency of s 398 with BORA - whether undue appellate delay – whether there should be a reduction in sentence by reason of appellate delay. CA 111/05 CA 112/05 10 November 2006
Result
Application for leave to appeal dismissed.
8 March 2007
8 March 2007
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Graham Thomas Rowe v The Queen
Case number
SC 22/2005
Summary
Appeal against conviction for offensive behaviour under s 4(1)(a) of the Summary Offences Act 1981 - whether the appellant's behaviour was sufficiently observable to amount to offensive behaviour - whether the court's finding was possible only with recourse to inadmissible prior conduct evidence - whether the absence of a legitimate purpose may be taken into account in determining whether behaviour is offensive - whether a police officer is a competent complainant in a prosecution for offensive behaviour. CA 374/04 18 April 2005
Result
Leave to appeal dismissed. 23 June 2005
Leave judgment - leave dismissed
ROWE V R SC SC 22/2005 [23 June 2005] (PDF, 15 KB)
Case name
Dr C v Complaints Assessment Committee
Case number
SC 27/2005
Summary
Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege. CA 198/04 19 April 2005
Result
Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
Transcripts
- Hearing date 17 August 2005 SC 27/2005 (PDF, 86 KB)
- Hearing date 15 December 2005 SC 27/2005 (PDF, 216 KB)
Media Releases
- MR [2006] NZSC 48 (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Scott Simeon Thompson v The Queen
Case number
SC 42/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct. CA 445/04 16 June 2005
Result
Leave to appeal granted. 22 September 2005
Media Releases
- mrt (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
THOMPSON V R SC 42/2005 [15 February 2006] (PDF, 92 KB)
Transcript
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