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 Morgan Mackenzie v Legal Services Commissioner
Case number
SC 142/2013
Summary
Civil Appeal – Legal Aid application – Whether Court of Appeal correctly dismissed the application for special leave to appeal to it from the High Court – Whether application satisfies s 14 of the Supreme Court Act 2003 to justify a direct appeal from the High Court. [2012] NZHC 3089  CIV 2012 485 1299
Leave judgment - leave dismissed
JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 23 [20 March 2014] (PDF, 46 KB)
Recall judgment
JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 49 [2 May 2014] (PDF, 13 KB)
Dates

Application for leave to appeal dismissed.
20 March 2013.
Case name
Allan John Todd v The Queen
Case number
SC 10/2012
Summary
Criminal Appeal – Conviction and sentence – Threatening to kill and sexual violation - Whether Court of Appeal correct to dismiss appeal against conviction and sentence – Fair Trial – Police misconduct pre-trial – Right to Counsel – Counsel misconduct at trial – Fresh evidence.CA 265/2004
Dates
Application for leave to appeal dismissed.
16 April 2012.
Case name
Gareth John Needham v The Queen
Case number
SC 24/2012
Summary
Criminal Appeal – Evidence – Expert evidence – Whether the Court of Appeal erred in failing to hold that the trial Judge should have ordered severance of count one into two alternative counts – Whether there was a breach of s 92 of the Evidence Act 2006 as trial counsel did not cross-examine four Crown witnesses on an issue of veracity – Whether the Court of Appeal erred in fact and law in relation to an issue that a Crown witness was allegedly improperly asked in evidence-in-chief – Whether evidence should have been led as to the lack of previous convictions of the appellant – Whether the Court of Appeal should have determined the admissibility of fresh good character evidence – Whether the Court of Appeal erred in holding that the fresh evidence of an astronomer would not have been substantially helpful – Whether the Court of Appeal erred in holding that the fresh evidence of a consultant forensic pathologist would not have been substantially helpful.CA 443/2011  [2012] NZCA 95
Dates
Application for leave to appeal dismissed.
14 June 2012.
Case name
Loktronic Industries Limited v Stephen John Diver and others
Case number
SC 32/2012
Summary
Civil Appeal – Tort – Evidence – Whether the Court of Appeal erred in its statement of the test for the element of knowledge in the tort of inducing breach of contract – Whether the Court of Appeal erred in overturning findings of fact that were open to the trial judge and not plainly wrong – Whether the Court of Appeal imposed a more onerous duty on the appellant in its cross-examination of its witnesses at trial than is consistent with s 92(1) of the Evidence Act 2006. CA  258/2011  [2012] NZCA131
Dates

The application for leave to appeal is dismissed with costs of $1,000 payable to each set of respondents making submissions.

24 July 2012.
Case name
John George Russell v Commissioner of Inland  Revenue
Case number
SC 33/2012
Summary
Civil Appeal – Tax avoidance – Whether the applicant received a fair and impartial hearing – Whether the Court of Appeal was correct in its analysis of the evidence – Whether the Court of Appeal erred in finding that the overall arrangement established and operated by the applicant had the purpose or effect of tax avoidance – Whether the Court of Appeal erred in finding that the applicant was a person affected by the arrangement and that he obtained a tax advantage – Whether the Court of Appeal was correct to find that the assessment made by the Commissioner would not be void even if it included income deemed by virtue of s 99(4) of the Income Tax Act 1976 to be the income of someone else.CA  654/2010  [2012] NZCA128
Dates
The application for leave to appeal is dismissed.
The applicant is to pay costs of $5,000 to the respondent Commissioner plus all reasonable disbursements to be fixed if necessary by the Registrar.
13 August 2012.
Case name
Alyxe John Wood-Luxford v Mark John Wood
Case number
SC 62/2012
Summary
Civil Appeal – Family Protection Act, ss 2(1) and 3 – Definition of “stepchild” – Whether the Court of Appeal erred in finding that the applicant was not eligible to bring a claim under the Act – Whether word “living”, as used in the Act, can include a child in utero at the date of the qualifying event.[2012]NZCA 377  CA  739/2011
Result
Leave to appeal is granted.The question to be addressed on the appeal is whether the applicant is a person entitled to claim under the Family Protection Act 1955 against the estate of John Luxford, either as a child of the deceased or a step-child of the deceased within the meaning of the Family Protection Act 1955.
5 December 2012
________________________
A The appeal is dismissed.
B The reasonable solicitor and client costs for all parties are to be met by the estate of the late John Williamson Luxford.
19 December 2013
Transcripts
Media Releases
Court of Appeal decision
WOOD-LUXFORD v MARK JOHN WOOD COA CA739/2011 [21 August 2012]
Leave judgment - leave granted
WOOD-LUXFORD v WOOD SC 62/2012 [5 December 2012] (PDF, 8 KB)
Additional document
Transcript hearing date 7 March 2013 (PDF, 219 KB)
Substantive judgment
ALYXE JOHN WOOD-LUXFORD v MARK JOHN WOOD [2013] NZSC 153 [19 December 2013] (PDF, 236 KB)
Case name
Godfrey Waterhouse and Robert John Waterhouse v Contractors Bonding Limited
Case number
SC 66/2012
Summary
Civil appeal – Litigation funding agreement – Law of Maintenance and Champerty ¬– Extent of Court oversight over litigation involving such agreements –Whether Court of Appeal was correct to order disclosure to the defendant of particular details of the plaintiff’s agreement to prevent potential abuse of process ¬– Whether degree of disclosure was appropriate.  [2012]NZCA 399  CA  200/2011
Result
Leave to appeal is granted. The approved questions are:
(i) whether the appellants should be ordered to disclose the litigation agreement to the respondent; and
(ii) if so, on what terms.
14 November 2012
_____________________
tc
Media Releases
Substantive judgment
WATERHOUSE v CONTRACTORS BONDING LTD [2013] NZSC 89 [20 September 2013] (PDF, 255 KB)
Transcript
Hearing date : 19 March 2013
Case name
Ashley Dwayne Guy v The Queen
Case number
SC 67/2012
Summary
Criminal Appeal – evidence – Evidence Act 2006 – whether the transcript of an interview of the complainant (“the complainant transcript” ) was inadmissible as potentially prejudicial material – whether the complainant transcript was inadmissible as a prior inconsistent statement – whether the transcript of an interview with the accused (“the accused interview transcript”) was inadmissible – whether the trial Judge’s direction to the jury on evidence relating to the complainant was appropriate – whether the Court of Appeal erred in admitting the complainant and accused interview transcripts given the fact neither counsel nor the trial Judge had had the opportunity to address the jury on these materials.[2012]NZCA 416  CA  69/2012.
Result
Application for leave to appeal granted.
The approved ground of appeal is whether the Court of Appeal was correct in holding no substantial miscarriage of justice had occurred, notwithstanding the error in the jury being given and reading the two interview transcripts which had not been put into evidence.
20 December 2012.

10 April 2013
Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.Decision reserved.
Rehearing directed.
14 November 2013.

7 October 2014.
Elias CJ, McGrath, William Young, Glazebrook, O’Regan  JJ.
Decision reserved.

Appeal allowed, conviction quashed,
New trial ordered.
19 November 2014
Media Releases
Substantive judgment
ASHLEY DWAYNE GUY v R [2014] NZSC 165 [19 November 2014] (PDF, 254 KB)
Case name
Cameron John Leef v The Queen
Case number
SC 81/2012
Summary
Criminal appeal – Appeal against conviction – Crimes Act 1961, s 134(1) – Having sexual connection with a young person – Evidence Act 2006, s 44 – Whether Court of Appeal was correct to conclude that evidence of complainant’s prior sexual experience was inadmissible – Whether Court of Appeal erred that there was no miscarriage of justice as a result of the admission of inadmissible evidence.[2012] NZCA 567   CA 248/2011
Result
Application for leave to appeal dismissed.
14 March 2013.
Leave judgment - leave dismissed
LEEF v R SC 81/2012 [14 March 2013] (PDF, 57 KB)
Case name
Steven John Baird  v The Queen
Case number
SC 84/2012
Summary
Criminal Appeal – Crimes Act 1961, s 61(1) and (2) and the proviso to s 385(1) – whether the Court of Appeal erred in finding that, despite a failure on the part of the trial Judge to adequately direct the jury regarding the different position of the applicant from his co-accused, the applicant’ s convictions were inevitable and that no substantial miscarriage of justice had therefore occurred.[2012] NZCA 430   CA 722/2011
Result
Application for leave to appeal dismissed,
5 February 2013
Leave judgment - leave dismissed
BAIRD v R SC 84/2012 [5 February 2013 (PDF, 48 KB)
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