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.
19 June 2026
Case information summary (as at 19 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 19 June 2026) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
Wellington International Airport Limited v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Director of Civil Aviation
Case number
SC 26/2017
Summary
Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Result
A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.16 May 2017
________________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.16 May 2017
________________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
Transcripts
- Hearing date 24 - 25 August 2017 (PDF, 506 KB)
Media Releases
- MR [2017] NZSC 199 (PDF, 316 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Director of Civil Aviation v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Wellington International Airport Limited
Case number
SC 30/2017
Summary
Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Result
A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
16 May 2017
_________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
16 May 2017
_________________
A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
Transcripts
- Hearing date 24 - 25 August 2017 (PDF, 506 KB)
Media Releases
- MR [2017] NZSC 199 (PDF, 316 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council
Case number
SC 37/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles
Result
A Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
Transcripts
- Hearing date 10 - 11 August 2017 (PDF, 853 KB)
Media Releases
- MR [2017] NZSC 190 (PDF, 280 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Tony Douglas Robertson v The Queen
Case number
SC 43/2017
Summary
Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.
Result
The application for an extension of time to file the application for leave is granted.
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
The application for leave to appeal is dismissed.
4 July 2017 ___________________________________________________________________
The application for recall of this Court’s judgment in Robertson v R [2017] NZSC 101 is dismissed.
10 October 2019
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation)
Case number
SC 57/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993. [2016] NZCA 189 CA291/2015
Result
A The application for leave to appeal by Mr Browne is dismissed.
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
Transcripts
- Hearing date 10 November 2016 (PDF, 512 KB)
Media Releases
- MR [2017] NZSC 116 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia
Case number
SC 57/2017
Summary
Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.
Result
A Leave to appeal is granted (Radhi v District Court at Manukau [2017] NZCA 157).
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
________________________
A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.
21 December 2017
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
________________________
A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.
21 December 2017
Transcripts
- Hearing date 17 August 2017 (PDF, 207 KB)
Media Releases
- MR [2017] NZSC 198 (PDF, 331 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcription hearing date 11 October 2017 (PDF, 269 KB)
Additional document
Transcription hearing date 22 November 2017 (PDF, 162 KB)
Substantive judgment
Case name
Rudi Hartono and Others v Ministry for Primary Industries and Sajo Oyang Corporation
Case number
SC 61/2017
Summary
Civil Appeal – Fisheries Act 1996, s 256 – Whether the Court of Appeal erred in its interpretation and application of the Fisheries Act to the claim for unpaid wages against a forfeited vessel.
Result
Leave to appeal is granted (Sajo Oyang Corp v Ministry for Primary Industries [2017] NZCA 182).
The approved question is whether the applicants have an interest in the Oyang 75 for the purposes of s 256 of the Fisheries Act 1996.
9 August 2017
________________________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside (save as to the direction that the proceedings be transferred to the High Court) and the judgment of the High Court is reinstated.
B The respondents are jointly and severally liable to pay the appellants costs of $25,000 together with reasonable disbursements to be fixed by the Registrar if necessary. We allow for second counsel.
C The appellants are entitled to costs in the Court of Appeal to be fixed by that Court.
D All issues as to costs in respect of the District Court and High Court are to be determined in the High Court.
2 March 2018
The approved question is whether the applicants have an interest in the Oyang 75 for the purposes of s 256 of the Fisheries Act 1996.
9 August 2017
________________________________
A The appeal is allowed, the judgment of the Court of Appeal is set aside (save as to the direction that the proceedings be transferred to the High Court) and the judgment of the High Court is reinstated.
B The respondents are jointly and severally liable to pay the appellants costs of $25,000 together with reasonable disbursements to be fixed by the Registrar if necessary. We allow for second counsel.
C The appellants are entitled to costs in the Court of Appeal to be fixed by that Court.
D All issues as to costs in respect of the District Court and High Court are to be determined in the High Court.
2 March 2018
Transcripts
- Hearing date 14 November 2017 (PDF, 505 KB)
Media Releases
- MR [2018] NZSC 17 (PDF, 291 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
The Attorney-General v Arthur William Taylor and Hinemanu Ngaronoa, Sandra Wilde, Kirsty Olivia Fensom and Claire Thrupp
Case number
SC 65/2017
Summary
Civil Appeal – Whether the Senior Courts have jurisdiction to make declarations that Acts of Parliament are inconsistent with the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s declaration that s 80(1)(d) of the Electoral Act 1993 is inconsistent with the right to vote affirmed and guaranteed in s 12(a) of the New Zealand Bill of Rights Act 1990 and cannot be justified under s 5 of that Act – (cross-appeal) Whether the Court of Appeal erred in holding that Mr Taylor did not have standing to seek a declaration of inconsistency.
Result
A The applications for leave to appeal by the Attorney General and Mr Taylor are granted.
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of inconsistency; and
(ii) Mr Taylor has standing.
30 August 2017
_____________________________
A The appeal is dismissed.
B The cross-appeal is allowed. Mr Taylor accordingly has standing.
C Costs are reserved.
9 November 2018
____________________________
A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
C Any issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
27 February 2019
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of inconsistency; and
(ii) Mr Taylor has standing.
30 August 2017
_____________________________
A The appeal is dismissed.
B The cross-appeal is allowed. Mr Taylor accordingly has standing.
C Costs are reserved.
9 November 2018
____________________________
A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
C Any issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
27 February 2019
Transcripts
- Hearing date 6 - 7 March 2018 (PDF, 1.1 MB)
Media Releases
- MR [2018] 104 (PDF, 290 KB)
High Court decision
Leave judgment - leave granted
Substantive judgment
Additional document
Case name
W v The Queen
Case number
SC 71/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge’s directions as to belief in consent were adequate – Whether the Court of Appeal erred in holding that the youth discount applied to the applicant’s sentencing was sufficient
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
6 October 2017
B The application for leave to appeal is dismissed.
6 October 2017
Leave judgment - leave dismissed
W (SC 71/2017) v R [2017] NZSC 154 [6 October 2017] (PDF, 45 KB)
Judgment appealed from
Case name
Musab Hamdi v The Queen
Case number
SC 72/2017
Summary
Criminal Appeal – Evidence Act 2006, s 32 – Whether the Court of Appeal erred in holding that the trial Judge’s references in summing-up remedied the prosecutor’s breach of s 32 – Whether the Court of Appeal erred in holding there was no trial counsel error creating a miscarriage of justice at the applicant’s trial
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
B The application for leave to appeal is dismissed.
District Court decision
Not publicly available
Leave judgment - leave dismissed
MUSAB HAMDI v R [2017] NZSC 134 [5 September 2017] (PDF, 89 KB)
Judgment appealed from
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