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
Mark Edward Lundy v The Queen
Case number
SC 95/2018
Summary
Criminal Appeal – Crimes Act 1961, s 385 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction under the proviso to s 385(1) despite finding that certain evidence presented at trial was inadmissible.
Result
A Leave to appeal is granted (Lundy v R [2018] NZCA 410) in relation to the approved question below.
B The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
6 May 2019
B The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
6 May 2019
Transcripts
- Hearing date 27 - 28 August 2019 (PDF, 537 KB)
Case Synopses
- Hearing August 2019 (PDF, 319 KB)
Media Releases
- MR [2019] NZSC 152 (PDF, 194 KB)
Court of Appeal decision
Additional document
Transcription leave hearing 2 May 2019 (PDF, 148 KB)
Leave judgment - leave granted
MARK EDWARD LUNDY v R [2019] NZSC 45 [6 May 2019] (PDF, 227 KB)
Substantive judgment
MARK EDWARD LUNDY v R [2019] NZSC 152 [20 December 2019] (PDF, 420 KB)
Case name
Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust v Ian Bruce Shepherd and Christine Margaret Dunphy
Case number
SC 1/2017
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal erred in declining the application for an extension of time. [2016] NZCA 446 CA51/2016
Result
The application for leave to appeal is dismissed.
23 June 2017
23 June 2017
High Court decision
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Linda Gallagher, Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust and Wayne Seymour Chapman as Trustee of the Gallagher-Rabson Family Trust
Case number
SC 3/2017
Summary
Civil Appeal – Whether the Court of Appeal was correct to decline the application for clarification of the orders in Rabson v Gallagher [2011] NZCA 669.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to each of the first and third respondents. 5 April 2017 ________________ The application for recall is dismissed. 4 May 2017
B The applicant must pay costs of $2,500 to each of the first and third respondents. 5 April 2017 ________________ The application for recall is dismissed. 4 May 2017
Recall judgment
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner
Case number
SC 4/2017
Summary
Civil Appeal – Whether the High Court erred in striking out the applicant’s application for judicial review of the Judicial Conduct Commissioner’ s decision that it did not have jurisdiction to consider the applicant’ s complaint.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
27 March 2017
________________________
The application for recall is dismissed.
9 May 2017
B The applicant must pay the respondent costs of $2,500.
27 March 2017
________________________
The application for recall is dismissed.
9 May 2017
Leave judgment - leave dismissed
Recall judgment
HC judgment appealed from
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner
Case number
SC 19/2017
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
5 April 2017
B The applicant must pay the respondent costs of $2,500.
5 April 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Judicial Conduct Commissioner and Justices Elias, Young, Glazebrook, Arnold and O'Regan
Case number
SC 21/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time for consideration of an application to dispense with security for costs.
Result
The application for leave to appeal is dismissed.
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.
7 July 2017
16 May 2017
_______________________________
The application for recall is dismissed.
23 June 2017
____________________
A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.
7 July 2017
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Additional document
Case name
Malcolm Edward Rabson v Attorney-General
Case number
SC 92/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time to apply for an allocation of hearing date and filing the case on appeal.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
5 October 2017
____________________
The application for leave to appeal is dismissed.
6 November 2017
B Costs of $2,500 are awarded to the respondent.
5 October 2017
____________________
The application for leave to appeal is dismissed.
6 November 2017
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Malcolm Edward Rabson v Justices William Young, Arnold, Glazebrook, O'Regan and Ellen France
Case number
SC 93/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the Registrar’s decision not to dispense with security for costs.
Result
The application for leave to appeal is dismissed as an abuse of process.
28 September 2017
______________________
The application for recall is dismissed.
1 November 2017
28 September 2017
______________________
The application for recall is dismissed.
1 November 2017
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
Edward Thomas Booth v The Queen
Case number
SC 10/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. [2015] NZCA 603 CA 101/2015
Result
A The application for leave to appeal is granted (Booth v R [2015] NZCA 603).B The approved question is whether the sentencing Judge was correct to structure the appellant’ s sentence in the way that he did, particularly as that sentence structure means that the time that the appellant spent on remand does not count towards his total period of imprisonment served or for parole eligibility purposes.
27 April 2016
__________________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’s appeal is dismissed.
22 September 2016
27 April 2016
__________________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’s appeal is dismissed.
22 September 2016
Transcripts
- Hearing date 5 July 2016 (PDF, 294 KB)
Media Releases
- MR [2016] NZSC 127 (PDF, 255 KB)
Leave judgment - leave granted
BOOTH v R [2016] NZSC 43 [27 April 2016] (PDF, 56 KB)
Substantive judgment
Case name
Ivan Vladimir Joseph Erceg v Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Acorn Foundation Trust and Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Independent Group Trust
Case number
SC 17/2016
Summary
Civil Appeal – Whether the Court of Appeal applied the correct test for requests by beneficiaries for access to trust documents – Whether the Court of Appeal applied the correct test for review of a trustee’ s decision – Whether the Court of Appeal erred in upholding the High Court decision not to order disclosure of trust documents. [2016] NZCA 7 CA217/2015
Result
A Leave to appeal is granted (Erceg v Erceg [2016] NZCA 7, [2016] 2 NZLR 622).
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?
17 June 2016
____________
A The appeal is dismissed.
B The appellant must pay to the respondents costs of $25,000 plus reasonable disbursements (to be fixed by the Registrar in the absence of agreement between the parties). We certify for two counsel.
8 March 2017
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?
17 June 2016
____________
A The appeal is dismissed.
B The appellant must pay to the respondents costs of $25,000 plus reasonable disbursements (to be fixed by the Registrar in the absence of agreement between the parties). We certify for two counsel.
8 March 2017
Transcripts
- Hearing date 1 September 2016 (PDF, 709 KB)
Media Releases
- MR [2017] NZSC 28 (PDF, 266 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme court decision
Substantive judgment
ERCEG v ERCEG [2017] NZSC 28 [8 March 2017] (PDF, 368 KB)
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