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.
14 May 2024
Case information summary 2024 (as at 14 May 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024) – Cases where leave to appeal decision not yet made (PDF, 92 KB)
All years
Case name
Jesse Shane Kempson v The Queen
Case number
SC 11/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
29 June 2021
B The application for leave to appeal is dismissed.
29 June 2021
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
JESSE SHANE KEMPSON v R [2021] NZSC 74 [29 June 2021] (PDF, 208 KB)
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 12/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
Transcripts
- Hearing date 22 June 2021 (PDF, 229 KB)
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Recall judgment
Case name
Trevor James Murray v West Coast Holdings Limited
Case number
SC 13/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is dismissed.
B There is no order as to costs.
3 June 2021
__________________________________________________________
A The application for recall of this Court’s judgment of 3 June 2021 (Murray v West Coast Holdings Ltd [2021] NZSC 55) is dismissed.
B There is no order as to costs.
9 September 2021
B There is no order as to costs.
3 June 2021
__________________________________________________________
A The application for recall of this Court’s judgment of 3 June 2021 (Murray v West Coast Holdings Ltd [2021] NZSC 55) is dismissed.
B There is no order as to costs.
9 September 2021
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
W (SC 14/2021) v The Queen
Case number
SC 14/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
25 May 2022
B The application for leave to appeal is dismissed.
25 May 2022
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
W (SC 14/2021) v R [2022] NZSC 66 [25 May 2022] (PDF, 50 KB)
Case name
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment
Case number
SC 15/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Ltd [2021] NZCA 1).
B The approved question is whether the Court of Appeal correctly answered the questions of law submitted for determination by it.
6 May 2021
___________________________________________________________
A We amend the answer given by the Court of Appeal to the first of the questions submitted for determination by that Court so that it reads:
Payments are “a regular part of the employee’s pay” if they are of a kind made regularly when assessed against the standard of a four-week period.
That apart, the appeal is dismissed.
B The appellant must pay the respondent costs of $15,000 plus usual disbursements.
15 November 2021
B The approved question is whether the Court of Appeal correctly answered the questions of law submitted for determination by it.
6 May 2021
___________________________________________________________
A We amend the answer given by the Court of Appeal to the first of the questions submitted for determination by that Court so that it reads:
Payments are “a regular part of the employee’s pay” if they are of a kind made regularly when assessed against the standard of a four-week period.
That apart, the appeal is dismissed.
B The appellant must pay the respondent costs of $15,000 plus usual disbursements.
15 November 2021
Date of hearing
01 July 2021
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 1 July 2021 (PDF, 391 KB)
Media Releases
- MR 2021 NZSC 157 (PDF, 250 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
P v New Zealand Police
Case number
SC 16/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial. Publication in law report or law digest permitted.
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 17/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Recall judgment
Case name
Chesterfield Preschools Limited (In Liquidation) and Therese Anne Sisson v Commissioner of Inland Revenue
Case number
SC 18/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for leave to appeal are dismissed.
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
B The application for leave to adduce further evidence is dismissed.
C The applicant must pay costs of $3,000 to the Commissioner and $1,500 to Chesterfields Preschools Ltd (in liq) plus usual disbursements.
12 July 2021
_________________________________________________________________
A The application for recall of this Court’s judgment of 12 July 2021 (Chesterfields Preschools Ltd (in liq) v
Commissioner of Inland Revenue [2021] NZSC 83) is dismissed.
B The applicant must pay costs of $500 to the Commissioner of Inland Revenue.
8 October 2021
Recall judgment
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Solicitor-General's Reference (No 1 of 2021)
Case number
SC 19/2021
Summary
Criminal appeal — Application for leave to refer a question of law
Result
A Notice of Abandonment having been filed, the application for leave to refer a question of law is deemed to be dismissed.
24 March 2021
24 March 2021
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Phillip Barnes v New Zealand Police
Case number
SC 20/2021
Summary
Criminal Appeal — Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B We make an order continuing suppression of the applicant’s name, address, occupation and any identifying particulars until 2 pm on Tuesday 25 May 2021. Suppression will lapse at that time.
24 May 2021
B We make an order continuing suppression of the applicant’s name, address, occupation and any identifying particulars until 2 pm on Tuesday 25 May 2021. Suppression will lapse at that time.
24 May 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
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