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.

22 September 2026

Case information summary (as at 18 September 2026) –  Cases where leave granted (PDF, 112 KB)
Case information summary (as at 18 September 2026)  – Currently unavailable

All years

Case name
John Anthony Osborne and Helen Osborne v The Auckland Council and the Weathertight Homes Tribunal
Case number
SC 9/2013
Summary
Civil appeal – Weathertight Homes Resolution Services Act 2006, s 14(a) – Interpretation of “built” – Whether Court of Appeal was correct to hold that a dwellinghouse is “built” at the time it passes its final building inspection.   [2012] NZCA 609  CA 650/2011
Result
A Leave to appeal is granted.
B The approved questions are:
(a) Is the Court of Appeal’s interpretation of s 14(a) of the Weathertight Homes Resolution Services Act 2006 correct?
(b)  Given the dismissal by the High Court of the appeal against the removal order, does s 95(2) of that Act preclude the granting of any remedy to the applicants?
1 May 2013
______________________
A The appeal is allowed with the result that the eligibility decision of the Tribunal chair is set aside and there is a declaration that the appellants’ claim is eligible.
B Leave is reserved to apply for further relief should that be necessary.
C In relation to this appeal, the appellants are awarded costs of $25,000 and reasonable disbursements against the first respondent.  They are also awarded costs on the judicial review proceedings in the High Court and on the appeal to the Court of Appeal, in sums to be fixed by those courts.
10 June 2014
___________________

Application for further relief declined.
No order for costs.

29 September 2014
Transcripts
Media Releases
Leave judgment - leave granted
OSBORNE v AUCKLAND COUNCIL SC 9/2013 [1 May 2013] (PDF, 33 KB)
Substantive judgment
JOHN ANTHONY OSBORNE AND HELEN OSBORNE v AUCKLAND COUNCIL [2014] NZSC 67 [10 June 2014] (PDF, 220 KB)
Supreme court decision
JOHN ANTHONY OSBORNE AND HELEN OSBORNE v AUCKLAND COUNCIL [2014] NZSC 134 [29 September 2014] (PDF, 14 KB)
Case name
Max John Beckham v The Queen
Case number
SC 18/2013
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal wrongly stated and wrongly applied the test for sentence reduction as a remedy for police misconduct amounting to a breach of the New Zealand Bill of Rights Act 1990.[2012] NZCA 603  CA 608/2011
Result
Leave to appeal is granted. The approved ground of appeal is:
Should the appellant have received a reduction in his sentence for the breach of his rights under the New Zealand Bill of Rights Act 1990?  
1 April 2014
_____________
A The application for leave to appeal against conviction is dismissed.
B The appeal against sentence is dismissed.
7 July 2015
Media Releases
Leave judgment - leave granted
BECKHAM v R [2013] NZSC 70 [16 July 2013] (PDF, 11 KB)
Supreme court decision
MAX JOHN BECKHAM v R [2015] NZSC 98 [7 July 2015 (PDF, 373 KB)
Transcript

Hearing date : 1 April 2014

Hearing date : 3 and 4 March 2015

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ
Case name
Barry John Hart v ANZ Bank Limited
Case number
SC 26/2013
Summary
Civil Appeal – striking out of appeal against order adjudicating bankrupt.[2013] NZCA 9   CA 858/2012 [2013] NZCA 10  CA 858/2012
Result
The application for leave to appeal is dismissed. The applicant must pay the respondent costs of $2500 together with all reasonable disbursements to be fixed if necessary by the Registrar.

11 April 2013
Leave judgment - leave dismissed
HART V ANZ BANK NEW ZEALAND LIMITED SC 26/2013 [11 April 2013] (PDF, 56 KB)
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
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
HART v ANZ BANK NEW ZEALAND LTD SC 35/2013 [1 May 2013] (PDF, 77 KB)
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.

 

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
Leave judgment - leave dismissed
GASH v R [2013] NZSC 106 [4 November 2013] (PDF, 45 KB)
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