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
Roger John Payne v Jeanette Rosslyn Payne
Case number
SC 8/2005
Summary
Matrimonial property division - order for sale of property to enforce earlier High Court orders for payments by the appellant to the respondent - appeal from decision of the Court of Appeal dismissing an application for a stay of orders for the sale of the appellant's house - whether payment by the appellant in the amount of the value of a half share in the marital home entitles the appellant to the immediate transfer to him of that interest - whether the Court should exercise its residual power to reopen the appellant's litigation. CA 257/04 21 October 2004
Result
Leave to appeal refused.
The stay order made by this Court on 11 March 2005 is set aside.
18 March 2005
The stay order made by this Court on 11 March 2005 is set aside.
18 March 2005
Leave judgment - leave dismissed
Case name
James Alfred Hood, Robert George Hood, Kenneth John Hood v The Attorney-General and The Queenstown Lakes District Council
Case number
SC 11/2005
Summary
Civil appeal - land compulsorily acquired for public works no longer required - whether unreasonable or unfair to offer land back under s 40(2) Public Works Act 1981 - decision made by Minister other than the Minister empowered by statute - whether decision validated by s 25(e) Acts Interpretation Act 1924. CA 257/04 21 October 2004
Result
Leave to appeal declined. Costs to respondents $2,500 together with disbursements as settled by the Registrar.
5 August 2005
5 August 2005
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
David John Young v Land Transport Safety Authority
Case number
SC 33/2005
Summary
Criminal appeal - appeal against the decision of the High Court - leave to appeal refused by the Court of Appeal - whether defence of self-defence correctly applied to facts. CRI 2004 409 000196, 29 November 2004
Result
Leave to appeal dismissed. 27 July 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Body Corporate No 164980 v Paul John Velich
Case number
SC 37/2005
Summary
Unit Titles Act 1972 - Whether a body corporate rule which replaces a default rule under the Act is ultra vires when it appreciably expands the existing powers and duties of the Body Corporate - What the proper test is for determining whether or not any particular rule is "incidental to existing powers or duties" - Whether the replacement rule in fact "appreciably" expanded the powers given to the Body Corporate under the existing default rule. CA 116/04 19 May 2005
Result
Notice of abandonment of application being lodged, the application is deemed to be dismissed. 15 July 2005
Judgment appealed from
Case name
Roger John Payne v Jeanette Rosslyn Payne
Case number
SC 46/2005
Summary
Application for injunction to prevent sale of house - whether abuse of process . CA 239/04 CA 63/05 25 May 2005
Result
Application for leave to appeal dismissed 28 July 2005
Leave judgment - leave dismissed
PAYNE V PAYNE SC 46/2005 [28 July 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Klaus Löwer v Gary Traveller and John Anthony Waller
Case number
SC 51/2005
Summary
Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .
CA 36/04 26 July 2005
Result
Leave to appeal granted.
2 December 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
John Patrick Round v The Queen
Case number
SC 59/2005
Summary
Criminal - whether counsel's alleged failures in cross-examination of the complainant, and not forcefully advising the applicant to give evidence led to a real risk of an unsafe verdict. CA 125/05 29 August 2005
Result
Leave to appeal dismissed. 24 November 2005
Leave judgment - leave dismissed
ROUND v R SC 59/2005 [24 November 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Robert John Condon v The Queen
Case number
SC 66/2005
Summary
Criminal appeal - trial judge's refusal to grant adjournment following withdrawal of counsel leading to accused representing himself at trial - accused convicted and sentenced to imprisonment - whether breach of Sentencing Act 2002, s 30(1) or New Zealand Bill of Rights Act 1990, s 24 - applicant seeking leave to appeal out of timeCA 373/03 21 July 2004
Result
Leave to appeal granted.
27 March 2006
Leave judgment - leave granted
Transcription
Judgment appealed from
Case name
Jason John Cumming v The Queen
Case number
SC 72/2005
Summary
Criminal appeal - whether the Court of Appeal erred in holding an accused should be allowed to invoke right of self-representation where their decision was "fully informed and deliberate" whether the trial judges summing up and other interventions during the course of the trial led to a miscarriage of justice.CA 43/03 2 November 2005.
Result
Leave to appeal granted.
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
Date of hearing
19 October 2006
Judges
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ: substantive hearing: 28 February 2008
Media Releases
- mediarelease sc722005cummingvr 000 (PDF, 87 KB)
Court of Appeal decision
Leave judgment - leave granted
CUMMING V R SC 72/2005 [27 March 2006] (PDF, 12 KB)
Substantive judgment
CUMMING v R SC 72/2005 [15 May 2008] (PDF, 51 KB)
Case name
Otago Station Estates Limited v John Robert Parker; and David John Parker and Lorraine Maree Parker.
Case number
SC CIV 6/2004
Summary
Civil appeal - method of payment of a deposit in a conveyancing transaction where notice of intention to cancel for non-payment of deposit has been given - whether payment in law requires legal tender or whether tendering a personal cheque is sufficient. CA 158/03 10 June 2004
Result
Leave to appeal granted.
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
Transcripts
- Hearing date 12 October 2004 (PDF, 63 KB)
- Hearing date 15 March 2005 (PDF, 257 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Judgment appealed from
Page 49 of 50