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.
17 August 2026
Case information summary (as at 17 August 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 August 2026) – Cases where leave to appeal decision not yet made (PDF, 128 KB)
All years
Case name
Razdan Rafiq v Attorney-General, Secretary for Department of Internal Affairs, Independent Police Complaints Authority, Chief Executive of the Ministry of Social Development, Commissioner of Police and Auckland Council
Case number
SC 122/2017
Summary
Civil Appeal – Senior Courts Act 2016, s 166 – Whether the Court of Appeal erred in finding it did not have jurisdiction to review the decision of the Deputy Registrar.
Result
The application is dismissed for want of jurisdiction 4 December 2017
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
[2017] NZCA 495 not publicly available
Case name
Auckland Council v Wendco (NZ) Limited and Wiri Licensing Trust
Case number
SC 14/2016
Summary
Civil Appeal – Resource Management Act 1991, s 95E – Whether the Court of Appeal interpreted the phrase “related to” in s 95E too broadly – Whether the first respondent is an affected person in terms of the second respondent’s application for resource consent. [2015] NZCA 617 CA 379/2014
Result
A Leave to appeal is granted (Wendco (NZ) Ltd v Auckland Council [2015] NZCA 617).
B The approved question is whether the Court of Appeal was correct to conclude that the Auckland Council was required to give Wendco (NZ) Ltd notification of the resource consent application made by the Wiri Licensing Trust.
16 June 2016
_____________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of Peters J reinstated.
B Costs in the High Court are to be fixed in that Court.
C Costs in the Court of Appeal are to be fixed by that Court.
D In this Court, the first respondent is to pay the appellant costs of $10,000 and the second respondent costs of $5,000 along with, in both instances, reasonable disbursements.
17 July 2017
B The approved question is whether the Court of Appeal was correct to conclude that the Auckland Council was required to give Wendco (NZ) Ltd notification of the resource consent application made by the Wiri Licensing Trust.
16 June 2016
_____________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of Peters J reinstated.
B Costs in the High Court are to be fixed in that Court.
C Costs in the Court of Appeal are to be fixed by that Court.
D In this Court, the first respondent is to pay the appellant costs of $10,000 and the second respondent costs of $5,000 along with, in both instances, reasonable disbursements.
17 July 2017
Transcripts
- Hearing date 8 November 2016 (PDF, 575 KB)
Media Releases
- MR [2017] NZSC 113 (PDF, 262 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council
Case number
SC 15/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of ss 117–120 of the Local Government Act 2002 – Whether the Court of Appeal erred in its interpretation of the scope of the Kaipara District Council (Validation of Rates and Other Matters) Act 2013 – Whether the Court of Appeal erred in awarding costs against the Association.[2015] NZCA 612 CA 331/2014
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
3 May 2016
B The applicant must pay costs of $2,500 to the respondent.
3 May 2016
High Court decision
High Court decision
Leave judgment - leave dismissed
Case name
New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Case number
SC 48/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131 CA570/2014
Result
A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
Transcripts
- Hearing date 17 October 2016 (PDF, 601 KB)
Media Releases
- MR [2017] NZSC 111 (PDF, 310 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Olivia Waiyee Lee v Whangarei District Council
Case number
SC 68/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of the limitation provisions of the Building Act 2004 and Weathertight Homes Resolution Services Act 2006.[2016] NZCA 258 CA656/2015
Result
A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
Transcripts
- Hearing date 19 October 2016 (PDF, 425 KB)
Media Releases
- MR [2016] NZSC 173 (PDF, 258 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Auckland Council and James Hardie New Zealand v Weathertight Homes Tribunal, and The Chief Executive of the Ministry of Business, Innovation and Employment, and Body Corporate 19500, and Gefei Liang and Others
Case number
SC 72/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the Weathertight Homes Resolution Services Act 2006 is that the multi-unit complex claim does not need to independently meet the s 16(a) eligibility criterion for resolution – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the 2006 Act is that all of the claimants represented in the multi-unit complex claim receive the benefit of the date the withdrawn claim was brought under the Weathertight Homes Resolution Services Act 2002 for the purposes of s 37 of the 2006 Act.[2016] NZCA 256 CA552/2015, CA564/2015
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
NR v MR and Jackson Russell and District Court at Auckland
Case number
SC 116/2016
Summary
Civil Appeal – Whether the process followed by the Court of Appeal in determining the applicant’s appeal was consistent with the principles of natural justice. [2016] NZCA 429 CA461/2014
Result
A The applications for recusal and leave to appeal are dismissed.
B Costs of $5,000 are awarded to the first respondent.
6 December 2016
B Costs of $5,000 are awarded to the first respondent.
6 December 2016
Court of Appeal decision
Leave judgment - leave dismissed
NR v MR [2016] NZSC 160 [6 December 2016] (PDF, 89 KB)
Case name
Affco New Zealand Limited v New Zealand Meat Workers and related Trades Union Incorporated and Ors
Case number
SC 131/2016
Summary
Civil Appeal – Employment Relations Act 2000 – Whether Court of Appeal erred in finding concession by counsel – Whether Court of Appeal erred in finding applicant’s conduct defeated existing rights of employees – Whether Court of Appeal erred in its interpretation of s 82 of the Employment Relations Act. [2016] NZCA 482 CA700/2015
Result
A Leave to appeal is granted (AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc and Ors [2016] NZCA 482).
B The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.
9 March 2017
____________________
A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus reasonable disbursements. We certify for two counsel.
7 September 2017
B The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.
9 March 2017
____________________
A The appeal is dismissed.
B The appellant must pay the first respondent costs of $35,000 plus reasonable disbursements. We certify for two counsel.
7 September 2017
Transcripts
- Hearing date 20 and 21 June 2017 (PDF, 857 KB)
Media Releases
- MR [2017] NZSC 135 (PDF, 251 KB)
Court of Appeal decision
Employment Court decision
Leave judgment - leave granted
Substantive judgment
Case name
New Health New Zealand Inc v South Taranaki District Council and Attorney-General (for and on behalf of the Minister of Health)
Case number
SC 141/2016
Summary
Civil Appeal
Result
A Leave to appeal is granted (New Health New Zealand Inc v South Taranaki District Council [2016] NZCA 462, [2017] 2 NZLR 13).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.
20 February 2017
___________________________________________________
The application for leave to admit the TDB report annexed to the affidavit of Philip Barry is dismissed.
30 October 2017
_________________________________________________
A The appeals from the decision of the Court of Appeal in relation to CA529/2015 and CA615/2014, referred to respectively as the Regulations and Medicines Act appeals, are dismissed.
B Costs are reserved. Any memoranda on costs may be filed by 31 July 2018. 27 June 2018 A The appeal is dismissed. B The appellant must pay the first respondent costs of $20,000 plus usual disbursements.
C We make no award of costs in favour of the second respondent.
27 June 2018
B The approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.
20 February 2017
___________________________________________________
The application for leave to admit the TDB report annexed to the affidavit of Philip Barry is dismissed.
30 October 2017
_________________________________________________
A The appeals from the decision of the Court of Appeal in relation to CA529/2015 and CA615/2014, referred to respectively as the Regulations and Medicines Act appeals, are dismissed.
B Costs are reserved. Any memoranda on costs may be filed by 31 July 2018. 27 June 2018 A The appeal is dismissed. B The appellant must pay the first respondent costs of $20,000 plus usual disbursements.
C We make no award of costs in favour of the second respondent.
27 June 2018
Date of hearing
16 November 2017
- 17 November 2017
Transcripts
- Hearing date 16 and 17 November 2017 (PDF, 1.1 MB)
Media Releases
- MR [2018] NZSC 59 and MR [2018] NZSC 60 (PDF, 259 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme court decision
Substantive judgment
Supreme court decision
Supreme court decision
Case name
David Brown and Glen Sycamore v New Zealand Basing Limited
Case number
SC 145/2016
Summary
Civil appeal – Employment Relations Act 2000 – Whether the Court of Appeal was correct to conclude that by selecting a different legal jurisdiction to govern their relationship, the parties could contract out of the right in the Employment Relations Act to be free from dismissal and discrimination based on age.[2016] NZCA 525 CA12/2015
Result
A Leave to appeal is granted (New Zealand Basing Ltd v Brown [2016] NZCA 525, [2017] 2 NZLR 93).
B The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
_________________
A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements. We certify for two counsel.
13 September 2017
B The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
_________________
A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements. We certify for two counsel.
13 September 2017
Transcripts
- Hearing date 13 June 2017 (PDF, 611 KB)
Media Releases
- MR [2017] NZSC 139 (PDF, 260 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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