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 William Mawhinney v Nags Head Horse Hotel Limited
Case number
SC 105/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that knowledge of a priority agreement between mortgagees was binding on all parties with that knowledge notwithstanding that the priorities had not been registered – Whether the Court of Appeal erred in determining that knowledge by an attorney amounts to knowledge on the part of a principal – Whether the Court of Appeal erred in upholding the High Court decision that the proceedings could be determined summarily – Whether the Court of Appeal failed to have proper regard to Westpac New Zealand Ltd v Clark [2008] NZCA 346 – Whether the Court of Appeal judgment is based on incorrect facts.[2013] NZCA 401  CA 28/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.
Case name
University of Canterbury v The Insurance Council of New Zealand, Christchurch City Council, Body Corporate 423446 (Oxford Body Corporate)
Case number
SC 120/2013
Summary
Civil Appeal – Building – Building Act 2004 – Local Government – Whether the Court of Appeal erred in upholding the High Court’ s declaration that the Christchurch City Council could not require earthquake-strengthening of existing buildings to a capacity of up to 67 per cent of the current building code requirements – Whether the Court of Appeal erred in holding that the Christchurch City Council was not given the power to require remediation work beyond 34 per cent of the new building standard. [2013}NZCA 471  CA 127/2013
Result
The application for leave to appeal is granted on the following question: Where a building is an earthquake-prone building in terms of s 122(1) of the Building Act 2004, is a council entitled under s 124(1)(c)(i) of the Act to require the building to be strengthened to an extent greater than is necessary to ensure that the building will not have its ultimate capacity exceeded in a moderate earthquake (as defined in reg 7 of the Building (Specified Systems, Change the Use and Earthquake-prone Buildings) Regulations 2005)? 26 February 2014
Media Releases
Transcript

Hearing date : 11 November 2014

McGrath, Glazebrook, Arnold, O’Regan,  Blanchard  JJ.

Case name
John F Jackson v IAG New Zealand Limited
Case number
SC 122/2013
Summary
Civil appeal – r 12.2 High Court Rules – s 11 of the Insurance Law Reform Act 1977 – summary judgement – whether the Court of Appeal erred in concluding that it was appropriate to make findings of dishonesty in the context of an application for summary judgment – whether the Court of Appeal erred in finding that the applicant was dishonest, and in reaching this conclusion, failed to consider relevant contextual and personal factors – whether the Court of Appeal erred in finding that the liability for which indemnity was sought had arisen in connection with the applicant’ s dishonest acts – whether the Court of Appeal erred in its view of the applicability of s 11 of the Insurance Law Reform Act.[2013] NZCA 302  CA 274/2012
Dates

The application for leave to appeal is dismissed.

The applicant  is to pay to the respondent costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.

25 February 2014.
Case name
Anthony David Banbrook v The Queen
Case number
SC 123/2013
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the decision of the High Court refusing to stay the prosecution on the grounds of breach of s 25 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in refusing to allow an application to set aside the guilty plea on the basis that the plea was induced by a ruling that embodied a wrong decision on a question of law.[2013] NZCA 525   CA 147/2013
Result
Application for leave to appeal dismissed.
18 December 2013.
Leave judgment - leave dismissed
Case name
Wan Lee Chow v The Queen
Case number
SC 126/2013
Summary
Criminal Appeal – Crimes Act 1961, s 385; New Zealand Bill of Rights Act 1990, ss 9, 24(g) and 25(a); Sentencing Act 2002, s 104 – Whether the trial was unfair because disclosed documents were not translated and no special measures were taken during the trial to accommodate the appellant’ s intellectual difficulties – Whether the appellant’s sentence should have been discounted on the basis of intellectual impairment, age and hardship due to isolation resulting from communication difficulties – Whether intellectual impairment, age and hardship due to isolation resulting from communication difficulties should have led to a finding that the application of s 104 of the Sentencing Act was manifestly unjust – Whether the length of the sentence imposed amounted to disproportionately severe punishment in breach of s 9 of the New Zealand Bill of Rights Act.[2013] NZCA 360   CA 695/2011
Leave judgment - leave dismissed
Dates

Application for leave to appeal dismissed.

28 March 2014.

Case name
Patrick Dean Norris  v The Queen
Case number
SC 127/2013
Summary
Criminal Appeal – Crimes Act 1961, s 220 – whether the Court of Appeal erred in finding that the requirements of s 220 were met – whether the Court of Appeal erred in refusing to allow the applicant to adduce new evidence[2013] NZCA 526  CA 59/2013
Leave judgment - leave dismissed
Dates

 Application for leave to appeal dismissed.

4 December 2013.

Case name
John Alfred Vogel v The Attorney-General and others
Case number
SC 135/2013
Summary
Civil Appeal – Prisoners’ and Victims’ Claims Act 2005, s 13 - Whether the Court of Appeal erred in declining to make an award of damages in favour of the applicant following a breach of his rights under s 23(5) of the New Zealand Bill of Rights Act 1990 and s 33(3)(g) of the Penal Institutions Act 1954.[2013] NZCA 545  CA 171/2012
Leave judgment - leave dismissed
Dates

Application for leave to appeal dismissed.
19 February 2014.

Case name
Vincent Ross Siemer v Attorney-General
Case number
SC 137/2013
Summary
Civil appeal – whether the Court of Appeal erred in upholding the decision of the Registrar of that Court not to dispense with security for costs.  [2013] NZCA 540  CA 309/2013
Dates

Application for leave to appeal dismissed.
Costs $2,5000 to the respondent plus reasonable disbursements.
19 February 2014.

Case name
Firm PI 1 Limited v Zurich Australian Insurance Limited and Body Corporate 398983
Case number
SC 141/2013
Summary
Civil Appeal – Insurance – Earthquake Commission Act 1993 – Whether the Court of Appeal erred in finding that the clause in the insurance policy providing that the respondent’s liability would be limited to the amount of loss in excess of the cover under the Earthquake Commission Act limited the respondent’s liability for natural disaster damage from a single event to the difference between the maximum cover under the Act and the sum insured.[2013] NZCA 560  CA 3933/2013
Result
The application for leave to appeal is granted.

The question is whether the sum insured for buildings under the material damage section of the contract of insurance is inclusive or exclusive of sums payable to the insured by the Earthquake Commission under the Earthquake Commission Act 1993 for natural disaster damage to the insured’s buildings from the 22 February 2011 earthquake.

17 March 2014
__________________________
The appeal is dismissed.
The appellant must pay the first respondent costs of $25,000 plus reasonable disbursements.  We certify for two counsel.

15 October 2014
Media Releases
Transcript

Hearing date : 3 July 2014

Elias CJ, McGrath, William Young, Glazebrook,  Arnold   JJ.

Case name
LM v The Queen
Case number
SC 143/2013
Summary
Criminal Appeal – Crimes Act 1961, ss 132 and 144A – Whether the offences in s 132 of the Crimes Act 1961 require physical contact with a child and a desire for sexual gratification – Whether New Zealand has the power to legislate against conduct beyond its own territory, in particular where the conduct is lawful in the place where it occurs – Whether or not the evidence justified the applicant’s convictions – Whether the Court of Appeal erred in upholding the applicant’s guilty plea -  [2013] NZCA 145    CA 217/2012
Result
Leave to appeal against conviction on the charge under s 144A of the Crimes Act 1961 is granted.  

The approved ground of appeal is whether s 144A criminalises offending as a party under s 66 of the Crimes Act.

The application to appeal against conviction on the charge under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993 is dismissed.
20 February 2014
______________________
Appeal dismissed.
13 August 2014
Media Releases
Leave judgment - leave granted
Supreme court decision
Substantive judgment
Transcript

Hearing date : 17 June 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.