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.
31 July 2026
Case information summary (as at 31 July 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 31 July 2026) – Cases where leave to appeal decision not yet made (PDF, 131 KB)
All years
Case name
Worthy Redeemed (aka Lee Errol James Silvester) v The Queen
Case number
SC 32/2013
Summary
Evidence – Whether the Court of Appeal erred in declining to admit new evidence from Professor John Raine as it is alleged that the admission of this evidence might reasonably have resulted in different verdicts – Whether the Court of Appeal erred in holding that the propensity evidence of Ryan Moore was admissible and that the trial Judge’s directions in relation to it were adequate. [2013] NZCA 61 CA 408/2011
Dates
Application for leave to appeal dismissed.
12 June 2013.
Case name
John Colman v The Attorney-General
Case number
SC 34/2013
Summary
Civil Appeal – Breaches of fair trial rights – New Zealand Bill of Rights Act 1990, ss 24–26 – Whether High Court correctly dismissed appeal against District Court decision striking out civil claims – Whether High Court correctly decided some claims constituted a collateral attack on criminal proceedings or were an abuse of process – Whether High Court correctly decided that some claims had no reasonable prospect of success. [2012 NZHC 1343 Civ 2011 488 723 , 724, 726,727
Result
The application for leave to appeal is dismissed.
17 May 2013
17 May 2013
Leave judgment - leave dismissed
COLMAN v ATTORNEY-GENERAL SC 34/2013 [17 May 2013] (PDF, 95 KB)
Dates
Applications for recall are dismissed.
11 June 2013.
Further application for recall dismissed.
13 June 2013.
Case name
Barry John Hart and others v ANZ Bank New Zealand Limited
Case number
SC 35/2013
Summary
Civil Appeal – Powers of the Official Assignee – Whether the Court of Appeal erred in failing to adjourn the appeal pending an appeal that was filed earlier in the High Court challenging the legal entitlement of the Official Assignee to liquidate the second, third and fourth applicants – Whether the Court of Appeal erred in accepting the Official Assignee’ s argument that it had the function and powers to determine whether the appeal would be prosecuted by the bankrupt applicant[2013] NZCA 94 CA 729/2012
Additional document
Dates
Case name
Andrew John Caplen Beavis v Elizabeth Joy De Vere and Commissioner of Inland Revenue
Case number
SC 43/2013
Summary
Child Support Act 1991 – Whether the Court of Appeal judgment indicates bias against the applicant – Whether the Court of Appeal judgment contain irrelevant statements or statements not supported by the evidence – Whether the Court of Appeal had proper regard to the decision of the Family Court judge – Whether the Court of Appeal erred in departing from analysis provided by accountants – Whether the Court of Appeal erred in its assessment of the applicant’s business arrangements – Whether the Court of Appeal erred in finding there were special circumstance justifying a departure order – Whether the Court of Appeal erred in finding that retrospective orders may be made under the Child Support Act 1991, and in making such an order – Whether the Court of Appeal otherwise erred in its interpretation of the Child Support Act 1991 – Whether the Court of Appeal failed to have regard to certain relevant considerations and had regard to irrelevant considerations – Whether the Court of Appeal accepted that s 182 of the Family Proceedings Act 1980 was available, and erred in doing so – Whether the Court of Appeal erred in its understanding of the jurisdiction of the Family Court.[2013] NZCA 124 CA 190/2013
Dates
Application for leave to appeal dismissed with costs of $2,500 together with reasonable disbursement payable to the first respondent.
19 August 2013.
Application for recall dismissed.
20 September 2013
Case name
Aaron Patrick John Ellis v The Queen
Case number
SC 57/2013
Summary
Criminal – Crimes Act 1961, s 306 – Criminal Procedure Act 2011, s 338 – whether the Court of Appeal erred in dismissing the applicant’ s appeal against conviction under s 338 of the Criminal Procedure Act 2011 – whether the Court of Appeal erred in not finding that the High Court trial was in breach of the principles of natural justice. [2012] NZCA 185 CA 720/2011
Dates
A The application for leave to appeal is dismissed.
B Leave is reserved to renew the application.
B Leave is reserved to renew the application.
8 October 2013
Case name
Stephen John Lawler v The Queen
Case number
SC 77/2013
Summary
Criminal – appeal against sentence – appeal against conviction - whether the Court of Appeal erred in not calling for further reports regarding the applicant’s fitness to stand trial – whether the Court of Appeal erred in upholding the applicant’s convictions and the sentence of preventive detention – whether the Court of Appeal rightly refused a recusal application.[2012] NZCA 308 CA 777/2010; CA 655/2012; CA 656/2012
Leave judgment - leave dismissed
LAWLER v R [2013] NZSC 92 [3 October 2013] (PDF, 70 KB)
Dates
Application for leave to appeal declined.
3 October 2013
Case name
Philip John Gash v The Queen
Case number
SC 78/2013
Summary
Criminal Appeal – Whether or not the trial Judge erred in amending the indictment.[2012] NZCA 309 CA 808/2012
Result
Application for leave to appeal is dismissed.
4 November 2013
4 November 2013
Leave judgment - leave dismissed
GASH v R [2013] NZSC 106 [4 November 2013] (PDF, 45 KB)
Case name
Environmental Defence Society Inc v The New Zealand King Salmon Company Limited and others
Case number
SC 82/2013
Summary
Civil – whether the High Court misinterpreted or misapplied policies 8, 13 and 15 of the New Zealand Coastal Policy Statement 2010 – whether the High Court erred in is assessment of the Board of Inquiries application of Brown v Dunedin City Council to a private plan for aquaculture, involving the exclusory use of public domain costal marine area. [2013] NZHC 1992 CIV 2013 406 056
Result
1. The application under s 149V of the Resource Management Act 1991 by the Environmental Defence Society for leave to appeal the decision of the High Court dated 8 August 2013 is granted. The questions of law for determination on the appeal are:
(a) Was the Board of Inquiry’s approval of the Papatua plan change one made contrary to ss 66 and 67 of the Act through misinterpretation and misapplication of Policies 8, 13, and 15 of the New Zealand Coastal Policy Statement? This turns on:
(i) Whether, on its proper interpretation, the New Zealand Coastal Policy Statement has standards which must be complied with in relation to outstanding coastal landscape and natural character areas and, if so, whether the Papatua Plan Change complied with s 67(3)(b) of the Act because it did not give effect to Policies 13 and 15 of the New Zealand Coastal Policy Statement.
(ii) Whether the Board properly applied the provisions of the Act and the need to give effect to the New Zealand Coastal Policy Statement under s 67(3)(b) of the Act in coming to a “balanced judgment” or assessment “ in the round” in considering conflicting policies.
(b) Was the Board obliged to consider alternative sites or methods when determining a private plan change that is located in, or results in significant adverse effects on, an outstanding natural landscape or feature or outstanding natural character area within the coastal environment? This question raises the correctness of the approach taken by the High Court in Brown v Dunedin City Council [2003] NZRMA 420 and whether, if sound, the present case should properly have been treated as an exception to the general approach. Whether any error in approach was material to the decision made will need to be addressed if necessary.
18 October 2013
_______________________
The appeal is allowed.
The plan change in relation to Papatua at Port Gore did not comply with s 67(3)(b) of the Resource Management Act 1991 as it did not give effect to policies 13(1)(a) and 15(a) of the New Zealand Coastal Policy Statement.
Costs are reserved.
(a) By consent, the Minister of Conservation and the Director General of Primary Industries must each pay the Environmental Defence Society Inc $5,625 by way of costs.
(b) The New Zealand King Salmon Company Ltd must pay the Environmental Defence Society Inc $23,650 by way of costs, together with disbursements of $4,764.
19 November 2014
(a) Was the Board of Inquiry’s approval of the Papatua plan change one made contrary to ss 66 and 67 of the Act through misinterpretation and misapplication of Policies 8, 13, and 15 of the New Zealand Coastal Policy Statement? This turns on:
(i) Whether, on its proper interpretation, the New Zealand Coastal Policy Statement has standards which must be complied with in relation to outstanding coastal landscape and natural character areas and, if so, whether the Papatua Plan Change complied with s 67(3)(b) of the Act because it did not give effect to Policies 13 and 15 of the New Zealand Coastal Policy Statement.
(ii) Whether the Board properly applied the provisions of the Act and the need to give effect to the New Zealand Coastal Policy Statement under s 67(3)(b) of the Act in coming to a “balanced judgment” or assessment “ in the round” in considering conflicting policies.
(b) Was the Board obliged to consider alternative sites or methods when determining a private plan change that is located in, or results in significant adverse effects on, an outstanding natural landscape or feature or outstanding natural character area within the coastal environment? This question raises the correctness of the approach taken by the High Court in Brown v Dunedin City Council [2003] NZRMA 420 and whether, if sound, the present case should properly have been treated as an exception to the general approach. Whether any error in approach was material to the decision made will need to be addressed if necessary.
18 October 2013
_______________________
The appeal is allowed.
The plan change in relation to Papatua at Port Gore did not comply with s 67(3)(b) of the Resource Management Act 1991 as it did not give effect to policies 13(1)(a) and 15(a) of the New Zealand Coastal Policy Statement.
Costs are reserved.
(a) By consent, the Minister of Conservation and the Director General of Primary Industries must each pay the Environmental Defence Society Inc $5,625 by way of costs.
(b) The New Zealand King Salmon Company Ltd must pay the Environmental Defence Society Inc $23,650 by way of costs, together with disbursements of $4,764.
19 November 2014
Transcripts
- Hearing date 16 October 2013 (PDF, 284 KB)
Media Releases
- MR [2014] NZSC 38 (PDF, 98 KB)
Leave judgment - leave granted
Supreme court decision
Substantive judgment
Supreme court decision
Case name
Sustain our Sounds v The New Zealand King Salmon Company Limited and others
Case number
SC 84/2013
Summary
Civil – whether the High Court misinterpreted or misapplied policies 8, 13 and 15 of the New Zealand Coastal Policy Statement 2010 – whether the High Court erred in is assessment of the Board of Inquiries application of Brown v Dunedin City Council to a private plan for aquaculture, involving the exclusory use of public domain costal marine area.[2013] NZHC 1992 CIV 2013 406 056
Result
The application under s 149V of the Resource Management Act 1991 by Sustain Our Sounds Incorporated for leave to appeal the decision of the High Court dated is granted. The question of law for determination on the appeal is:Was the conclusion of the Board of Inquiry that the key environmental effects of the plan change in issue would be adequately managed by the maximum feed discharge levels set in the plan and the consent conditions it proposed to impose in granting the resource consent to King Salmon one made in accordance with the Act and open to it?
18 October 2013
______________________________________________________
The appeal with regard to the Waitata, Richmond and Ngamahau sites is dismissed.
Costs are reserved.
17 April 2014
_______________________________________________
There is no order for costs.
Costs will lie where they fall.
19 November 2014.
18 October 2013
______________________________________________________
The appeal with regard to the Waitata, Richmond and Ngamahau sites is dismissed.
Costs are reserved.
17 April 2014
_______________________________________________
There is no order for costs.
Costs will lie where they fall.
19 November 2014.
Transcripts
- Hearing date 16 October 2013 (PDF, 284 KB)
Media Releases
- MR [2014] NZSC 40 (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Hearing
19 – 21 November 2013.
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
John Douglas McKenzie v The Queen
Case number
SC 87/2013
Summary
Criminal appeal – Evidence Act ss 8, 12A and 27(1) – whether the Court of Appeal erred in its interpretation of “statement” in s 27(1) of the Evidence Act – whether the Court of Appeal was correct to apply the “co-conspirator’s rule” under s 12A of the Evidence Act – whether the Court of Appeal was correct to find that the prejudicial effect of the evidence in question did not outweigh its probative value pursuant to s 8 of the Evidence Act – whether the Court of Appeal was correct that the jury’s verdict was not unreasonable.[2013] NZHCA 378 CA 795/2012
Leave judgment - leave dismissed
Dates
Application for leave to appeal is declined.
11 November 2013
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