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
Peter David Buddle v The Queen
Case number
SC 43/2009
Summary
Criminal – Appeal against conviction – Crimes Act 1961 – Sexual offending – Criminal procedure – Exercise of s 374 discretion to discharge jury without their giving of a verdict – Whether trial Judge had authority to discharge jury at first trial on “a hung jury aspect” – Whether second trial a nullity in respect of all charges – Whether miscarriage of justice established.[2009] NZCA 184 CA 416/2008  14 May 2009
Result
Application for leave to appeal granted.
22 June 2009
Leave judgment - leave granted
Substantive judgment
 Result

Appeal allowed, Convictions set aside. New Trial ordered on three counts.

26 November 2009
 Hearing
13 August 2009
Case name
Alex Kwong Wong v The Queen
Case number
SC 44/2009
Summary
Criminal appeal – appeal against refusal to grant bail pending appeal – whether the Court of Appeal erred in law by applying the wrong test – whether the Court of Appeal erred in law by applying too rigid or too high a standard – whether the Court of Appeal failed properly to apply the correct statutory factors set out in ss 8 and 14 of the Bail Act 2000 – whether the Court of Appeal failed to take into account or accord due weight to the substantial miscarriage of justice allegedly suffered by the appellant[2009] NZCA 202 CA 190/2009    21 May 2009
Result
Application for leave to appeal dismissed.
16 June 2009
Leave judgment - leave dismissed
Case name
Cashmere Capital Limited v Patrick Kevin Carroll and others
Case number
SC 46/2009
Summary
Civil – Retirement Villages Act 2003 – retrospective operation of the Act – the Court of Appeal held that when there has been an Order in Council under s 103, the Registrar-General must note on the certificate of title to the land comprising the village that it is subject to s 22 of the Act, and that the expressed intention of Parliament was that the Act should operate retrospectively to 31 December 2002 – whether the Court of Appeal erred in its interpretation of ss 103 and 21 of the Act - whether the Court of Appeal erred in finding that if the Registrar-General has registered Crossdale Village under s 21 of the Act then s 22 applied to the appellant and if the Registrar-General has not done so it should be performed forthwith.[2009] NZCA  185   CA 190/2007    15 May 2009
Result
Application for leave to appeal granted.
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
Case name
Vincent Ross Siemer v Solicitor-General
Case number
SC 48/2009
Summary
Civil/Criminal Appeal – Offences – Contempt of Court – New Zealand Bill of Rights Act 1990 – Appeal against decision committing appellant to prison for contempt – Whether Court of Appeal erred in holding contempt proceedings civil in nature – Whether appellant wrongly denied opportunity to elect trial by jury.[2009] NZCA  62   CA 447/2008    9 March 2009
Result
Application for leave to appeal granted.
7 August 2009
______________________
The appeal is allowed and the order made by the Court of Appeal is quashed.  It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force.  Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
____________________________
Application for recall of judgment dismissed.
11 June 2010
_____________________________
Further application for recall of judgment dismissed.
15 June 2010
Leave judgment - leave granted
Substantive judgment
Transcript

Hearing date : recusal 26 February 2017

Hearing date : 2 March 2010

Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ


Case Number
SC 48/2009
Case name
Wyeth (NZ) Limited v Ancare New Zealand Limited and The Environmental Risk Management Authority
Case number
SC 57/2009
Summary
Civil Appeal - Statutory Interpretation - whether the Court of Appeal erred in interpreting the Hazardous Substances and New Organisms Act 1996; whether the Act requires or entitles the Environmental Risk Management Authority to refuse to disclose the identity of a hazardous substance and/or its chemical composition; whether the Act allows the Environmental Risk Management Authority to require that the identity of a hazardous substance and/or its chemical composition be provided on the basis of confidentiality undertakings. [2009] NZCA 211  CA  424/2007    27 May 2009
Result
Application for leave to appeal granted.
25 September 2009
______________________
The appeal is dismissed with no order for costs.
23 April 2010
Case name
Ngati Rangi Trust and others v Genesis Power Limited and Manawatu-Wanganui Regional Council
Case number
SC 60/2009
Summary
Civil – Grant of resource consents – Whether the Court of Appeal was wrong to determine that the Environment Court had incorrectly directed itself as to the statutory purpose of the Resource Management Act 1991 – Whether the Court of Appeal erred in declining to address who was burdened by an evidential onus to demonstrate appropriate measures to mitigate the adverse effects of a proposal.[2009] NZCA 222  CA  518/2007    2 June  2009
Result
Notice of Abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 21 December 2010
Case name
Slawomir Ryszard Bujak v The District Court at Christchurch and The Republic of Poland
Case number
SC 64/2009
Summary
Civil – extradition - whether Court of Appeal erred in refusing to admit new evidence – whether Court of Appeal erred in determining that by joining an extradition Treaty New Zealand has accepted that the court system in the partner state is robust enough to grant a fair trial – whether the Court of Appeal erred in determining that comity interest must be balanced against, and could somehow trump, an individual’s liberty rights – whether the Court of Appeal erred in deciding that the ‘ copies’ provided by the second respondent sufficed for extradition from New Zealand purposes – whether the Court of Appeal erred in determining that the requisite authentication procedures were followed and that the evidence against the Appellant was not hearsay – whether the Court of Appeal failed to consider relevant case law provided by counsel. [2009] NZCA 257  CA 678/2008     19 June 2009.
Result
Application for leave to appeal dismissed.  Any application for costs to be made within 10 working days.
15 September 2009
________________
Order for costs to the 2nd respondent in the sum of $2,000.
15 October 2009
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and others
Case number
SC 65/2009
Summary
Civil – Whether the Court of Appeal erred in its exercise of discretion declining the application for grant of an extension under r 43 of the Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal was entitled to make that decision in the absence of the applicant or his counsel.[2009] NZCA 255  CA 634/2008    19 June 2009.
Result
Application for leave to appeal dismissed. Costs of $7,500 and disbursements to the respondents. 29 October 2009
Case name
Maia Rongonui v The Queen
Case number
SC 66/2009
Summary
Criminal – Evidence Act 2006 – Mr Rongonui was convicted of one count of sexual violation by unlawful connection and one of assault with intent to commit rape – whether the Court of Appeal erred in holding that the complainant’s evidence that she had told her friend what occurred after the incident did not fall within s 35 of the Evidence Act dealing with previous consistent statements because evidence was not given of anything actually said by the complainant – whether the Court of Appeal erred in holding that the District Court Judge was correct to allow the prosecutor to use a witness statement to refresh the memory of a witness and to allow cross-examination of the witness on the grounds of hostility[2009] NZCA 279 CA 736/2008  2 July 2009
Result
Application for leave to appeal granted.
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
Transcripts
Media Releases
Leave judgment - leave granted
Substantive judgment
Case name
Red Eagle Corporation Limited v Richard John Otley Ellis
Case number
SC 72/2009
Summary
Civil appeal – whether the respondent is liable under s 9 of the Fair Trading Act 1986 for passing on information about a third party which induced the appellant to enter into a contact with that third party[2009]  NZCA  320  CA 713/2008   24 July 2009
Result
Application for leave to appeal granted.
7 October 2009
____________________
Appeal allowed and the judgment of the High Court is restored. Costs $15,000 plus reasonable disbursements in this Court. Order for costs in the Court of Appeal is reversed. HighCourt  to fix costs that that has not already been done.
12 March 2010
Media Releases
 Transcript

Hearing date : 10 February 2010

Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ.