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
Tulsi Ram Naresh v Gordon Edward McCluskie
Case number
SC 89/2009
Summary
Civil – whether the Court of Appeal erred in law and fact in finding that the appellant should be removed as a trustee of a family trust pursuant to s 51 of the Trustee Act 1956 – whether the Court of Appeal erred in making an award of indemnity costs against the appellant – whether the Court of Appeal erred in finding that, for limitation purposes, time ran from October 1993.[2009] NZCA 328 CA 766/2008 28 July 2009
Result
Application for leave to appeal dismissed. Indemnity costs to the respondent. 26 November 2009
Leave judgment - leave dismissed
Supreme court decision
NARESH v McCLUSKIE SC 89/2009 [18 December 2009] (PDF, 8 KB)
Judgment appealed from
Case name
The Queen v George Evans Gwaze
Case number
SC 93/2009
Summary
Criminal – Appeal against case stated decision – Whether Court of Appeal majority erred in concluding that the trial Judge’s decision to allow inadmissible hearsay “evidence” was an error of fact rather than an error of law and that therefore the case stated provisions of the Crimes Act 1961 were not engaged – Whether the Court of Appeal President erred in concluding that the Crown could succeed on an appeal under ss 380 and 380 of the Crimes Act 1961 in this case only if “To set aside the acquittal and direct a new trial would not be an unacceptable derogation from the spirit of the rule against double jeopardy”.[2009] NZCA 430 CA 90/2009 24 September 2009
Result
Application for leave to appeal granted.
23 November 2009
______________________
A The appeal is allowed and the acquittals are quashed. B A new trial is directed under s 382(2)(b) of the Crimes Act 1961. C A certified direction for new trial will issue to the Registrar of the High Court at Christchurch with the consequences provided for by ss 380(4) and 382(4) of the Crimes Act.
17 May 2010
23 November 2009
______________________
A The appeal is allowed and the acquittals are quashed. B A new trial is directed under s 382(2)(b) of the Crimes Act 1961. C A certified direction for new trial will issue to the Registrar of the High Court at Christchurch with the consequences provided for by ss 380(4) and 382(4) of the Crimes Act.
17 May 2010
Transcripts
- sc 93 2009 the queen v george evans gwaze (PDF, 539 KB)
Media Releases
Leave judgment - leave granted
R v GWAZE SC 93/2009 [23 November 2009] (PDF, 7 KB)
Substantive judgment
R v GWAZE SC 93/2009 [17 May 2010] (PDF, 167 KB)
Transcript
Hearing date : 25 February 2010
Elias CJ, Blanchard, McGrath, Wilson J.
Judgment appealed from
Case name
Frances Mountier v New Zealand Police
Case number
SC 97/2009
Summary
Criminal Appeal - Whether a local authority can invoke the Trespass Act 1980 in relation to a peaceful protest on an area designated as a road; whether local authority exclusive occupier of land; whether conviction justified under the Act without any findings of fact as to nuisance or obstruction.[2009] NZCA 451 CA 110/2009 1 October 2009
Result
Application for leave to appeal dismissed. 16 December 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Dean Noble v The Queen
Case number
SC 108/2009
Summary
Criminal – Appeal against conviction – Assault – Sexual Violation – Whether Court of Appeal erred in law in its findings regarding admissibility and credibility – Whether Court of Appeal erred in concluding trial Judge’s irregular jury directions on previous inconsistent statements could not have, either on their own or in conjunction with any of the other alleged errors, have affected the trial result and led to a miscarriage of justice on a R v Matenga [2009] 3 NZLR 145 analysis.[2009] NZCA 507 CA 633/2008 23 October 2009
Result
Application for leave to appeal dismissed.
16 July 2010
16 July 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tere Moana Purea V Alan Stanley Perkins and Adrienne Rosemary Perkins
Case number
SC 119/2009
Summary
Civil appeal - Land Transfer Act 1952 – cross-appeal - the respondents sued for specific performance after the appellant failed to settle a house purchase due to a dispute with his daughter (Mrs Tangi-Tuake) over ownership which resulted in her lodging a caveat against the title of the property – whether the Court of Appeal determination that the finding of Asher J on the facts that it was supported by evidence that there was an agreement that in return for Mr Purea’s daughter taking responsibility for the mortgage and any outgoings and maintenance of the property, ownership would be transferred to her on repayment of then mortgage, was erroneous – whether the Court of Appeal erred in failing to consider that Asher J treated his finding of a constructive trust as if it was an express trust and gave no recognition of the Tangi-Tuakes’ interest in the property – whether the Court of Appeal decision is supported by the Tangi-Tuakes’ pleadings and in particular the way in which their pleadings have changed.[2009] NZCA 541 CA 365/2008 18 November 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the 2nd Respondent.
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Bevan-Smith v Raupo Publishing (NZ) Limited
Case number
SC 2/2008
Summary
Civil Appeal – breach of contract – book publication - whether Court of Appeal should have granted extension of time to file case on appeal – whether agreement between applicant and defendant void because of deceptive conduct – whether the defendant breached due diligence obligations in contract - whether the Court received misleading evidence regarding the motive’ s of the defendant – whether High Court made correct findings of fact especially regarding timing of events – whether the Court of Appeal should have reconsidered findings of fact made by the High Court – whether High Court correctly interpreted relevant clauses in contract –whether quantum of lost book sales correctly calculated – whether case should be remitted to the Court of Appeal to be reheard or to the High Court for a new trial.[2007] NZCA 579 CA 57/07 14 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $1,500 to the respondent.
9 April 2008
Case name
Neville James Gibson v Minter Ellison Rudd Watts
Case number
SC 8/2008
Summary
Civil Appeal – proceedings against former legal counsel - whether the Court of Appeal made accurate findings of fact – whether the Court of Appeal was correct to conclude that the respondent had complied with discovery obligations – whether the Court of Appeal had regard to all relevant evidence – whether the Court of Appeal was correct to find that the applicant would not have been entitled to legal aid in earlier proceedings against a third party – whether the respondent had a conflict of interest in earlier proceedings - whether the Court should have considered the applicant’ s financial position when awarding costs against him[2007] NZCA 595 CA 202/065, CA 33/06 21 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2.500 to respondent. 1 May 2008
Case name
Robert Charles De Bruin v The Queen
Case number
SC 9/2008
Summary
Appeal against order under the Proceeds of Crime Act 1991 - Court of Appeal held that the High Court had correctly calculated a pecuniary penalty order under s 25 of $1 million – whether first appellant more than a mere courier for the purposes of calculating the benefit received under s 27(2) – whether Court of Appeal wrong to follow R v Penderson [1995] 2 NZLR given position of couriers has not been resolved – whether Court of Appeal in error in upholding the High Court decision that the increase in value of the property was a benefit from the offending under s 28 – whether Court of Appeal was correct in finding that the appellants’ agreement under s 21 of the Property (Relationships) Act 2004 was intended to defeat the interests of the Crown as a creditor of the appellant – whether, given the second appellant’s appeal was successful in part, the Court of Appeal erred in ordering that the legal costs should be paid from the second appellant’s interest in the property.[2007] NZCA 600 CA 317/06 21 December 2007
Dates
Notice of Abandonment being lodged , the appeal is deemed to be dismissed.
4 April 2008
Case name
Astrid Eleanor Delany v The Queen
Case number
SC 10/2008
Summary
Appeal against order under the Proceeds of Crime Act 1991 - Court of Appeal held that the High Court had correctly calculated a pecuniary penalty order under s 25 of $1 million – whether first appellant more than a mere courier for the purposes of calculating the benefit received under s 27(2) – whether Court of Appeal wrong to follow R v Penderson [1995] 2 NZLR given position of couriers has not been resolved – whether Court of Appeal in error in upholding the High Court decision that the increase in value of the property was a benefit from the offending under s 28 – whether Court of Appeal was correct in finding that the appellants’ agreement under s 21 of the Property (Relationships) Act 2004 was intended to defeat the interests of the Crown as a creditor of the appellant – whether, given the second appellant’s appeal was successful in part, the Court of Appeal erred in ordering that the legal costs should be paid from the second appellant’s interest in the property.[2007] NZCA 600 CA 332/06 21 December 2007
Dates
Application for leave to appeal dismissed. 1 May 2008
Case name
Ahmad Zanzoul v The Queen
Case number
SC 17/2008
Summary
Criminal appeal – applicant convicted after pleading guilty pursuant to s 153A of the Summary Proceedings Act 1957 on an information laid under s 31(1)(f)(ii) of the Passports Act 1992 – sentenced to 15 months imprisonment with leave to apply for home detention – whether the conviction and sentence is a nullity for want of legal certainty or vagueness of the provisions dealing with the indictable and summary jurisdiction for penalty purposes – alternatively, whether the Court of Appeal erred in law by constructing the legislation to the applicant’s detriment in failing to apply the lesser penalty where the legislation was “complex and confusing” – additionally, whether admissions were obtained without informing the applicant of his rights not to incriminate himself, to silence, and to obtain a lawyer in breach of the New Zealand Bill of Rights Act 1990 – whether, under art 36 of the Vienna Convention on Consular Relations read in conjunction with the Refugee Convention, the applicant should, as a refugee claimant, have been provided on detainment with advice by a consular or appropriate international official – whether a Hansen declaration should be made with regard to this issue – whether the applicant’s hearing before the Refugee Status Appeals Authority was unlawful for lack of independence and impartiality on the principles of Charanjit Singh v Secretary of State for the Home Department [2003] ScotCS 342 – whether the Court of Appeal erred in fact and law in finding and taking into account that there is nothing linking the appellant’s possession of a false Australian passport with his claim for refugee status – whether the Court of Appeal erred in law in taking into account that the applicant was not in the situation of many refugee claimants – application for name suppression.CA 297/06 6 December 2006
Leave judgment - leave dismissed
ZANZOUL v R SC 17/2008 [10 June 2008] (PDF, 25 KB)
Additional document
ZANZOUL v R SC 17/2008 [9 May 2008] (PDF, 14 KB)
Dates
Application for leave to appeal is dismissed.
10 June 2008
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