Supreme Court case information

Civil appeal - Application for leave to bring civil appeal

A Leave to appeal is granted (T (SC 95/2024) v Te Whatu Ora Health New Zealand [2024] NZCA 390).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
C Costs are reserved.
25 September 2024
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A The appeal is dismissed.
B We make an prohibiting publication of the name, address, occupation and identifying particulars of the appellant.
16 September 2025

Civil Appeal

A Leave to appeal is granted (Rasier Operations BV v E Tū Inc [2024] NZCA 403).
B The approved question is whether the four Uber drivers are employees in terms of s 6 of the Employment Relations Act 2000.
19 December 2024
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A The appeal is dismissed.
B The appellants must pay the respondents one set of costs of $50,000 plus usual disbursements. We allow for second counsel.
17 November 2025

Civil Appeal

A Leave to appeal is granted (Fitzgerald v Attorney-General of New Zealand [2024] NZCA 419).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
18 December 2024

Criminal Appeal — Application for leave to refer a question of law

A We grant leave to the Solicitor-General to refer the following questions of law (arising from Nikoloff v R [2024] NZCA 318) to this Court under s 317 of the Criminal Procedure Act 2011:
Was the defect in the leave given on behalf of the Attorney-General able to be remedied or rectified by the instrument of ratification?
Was the trial at which Mr Nikoloff was convicted a nullity?
B We appoint Mr S J Shamy as counsel to assist the Court on the appeal under s 318(3)(a) of the Criminal Procedure Act.
27 November 2024
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We answer the questions of law as follows:
(a) Was the defect in the leave given on behalf of the Attorney-General able to be remedied or rectified by the instrument of ratification?
No.
(b) Was the trial at which Mr Nikoloff was convicted a nullity?
Yes.
18 September 2025

Criminal Appeal

A  Leave to appeal is granted (R v Bailey [2024] NZCA 552).
B  The approved question is whether the Court of Appeal was correct to allow the appeal.
5 March 2025 
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A The appeal is allowed.

B The application under s 147 of the Criminal Procedure Act 2011 is remitted to the District Court for rehearing.   
30 March 2026

Civil Appeal 

A    Kea Investments Ltd’s application for leave to appeal is granted (Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901).
B    The approved question is whether the Court of Appeal was correct to discharge the permanent anti-suit and anti-enforcement injunctions awarded to Kea Investments Ltd in the High Court.
C    Counsel to assist the Court will be appointed by the Registrar.
D    The applications to adduce further evidence are dismissed.
E    The application to extend the stay in Wikeley v Kea Investments Ltd [2024] NZCA 686, (2024) 26 PRNZ 667 is granted pending determination of the appeal. 
 4 July 2025
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A The application for adjournment is dismissed.
B Costs are reserved.                                                                                
30 September 2025
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A The appeal from the decision of the Court of Appeal in Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901 is allowed.
B The orders made by the High Court in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3260 at [156(a)(i) - (iv)], and in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3532 at [7], are reinstated.
C Costs are reserved. 
10 November 2025
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A The application by the appellant to adduce updating evidence is granted.
B The appeal is allowed.
C The orders made by the High Court in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3260 at [156(a)(i)]–[156(a)(iv)], and in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3532 at [7], are reinstated.
D The first, second, fourth and fifth respondents must pay the appellant costs of $250,000 plus usual disbursements. We allow for second counsel.
E The first respondent must pay the liquidators of the second respondent costs of $30,000 plus usual disbursements. We allow for second counsel.
F The confidential version of the affidavit of Martin Craig Smith filed in support of the appellant’s costs application shall not be disclosed to the Respondents or persons searching the Court file.
G The application for stay of enforcement is dismissed.   
31 July 2026

Criminal Appeal

A Leave to appeal is granted ([2024] NZCA 626).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
04 April 2025
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A The appeal is allowed.
B The proceeding is remitted to the District Court for resentencing.
C The applications to adduce further evidence and for name suppression are dismissed.
D Bail is granted on the terms currently applicable, as amended by this Court’s minute of 10 March 2026. Any application for variation to bail shall be addressed by the District Court.

Civil Appeal

A Subject to C, the applications for leave to appeal are granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2022] NZCA 598).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals.
C The application for leave to appeal on costs is dismissed (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2022] NZCA 598).
D An extension of time to apply for leave to appeal is granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2020] NZHC 3388).
E The application for leave to appeal is granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2020] NZHC 3388).
F The approved question is whether the High Court erred in upholding the Environment Court’s decision in relation to the negative tikanga effects.
17 April 2023
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A Sustainable Otakiri Inc’s appeal is dismissed.
B Te Rūnanga o Ngāti Awa’s appeal is dismissed.
C Costs are reserved.
12 November 2025