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
Kyung Yup Kim v The Prison Manager, Mt Eden Corrections Facility
Case number
SC 80/2012
Summary
Civil Appeal – Habeas corpus – Applicant remanded in custody until his eligibility for surrender under s 24 of the Extradition Act 1999 has been determined – Whether the Court of Appeal erred by failing to take into consideration the right to life and the right not to be subjected to torture under ss 8 and 9 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred by failing to give authorities from New Zealand and the United Nations Human Rights Committee the intensive scrutiny they warranted – Whether the lawfulness of the application to extradite the applicant is a matter capable of summary determination in a habeas corpus application – Whether challenges to the applicant’s status as an “extraditable person” are a matter capable of summary determination in a habeas corpus application.   [2012] NZCA 471  CA 637/2012
Result

Leave to appeal is granted.

The approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.

16 November 2012

_____________________________

The appeal is dismissed. No order for costs.

20 December 2012
Transcript
Hearing date : 10 December 2012
Case name
Daniel Brian Thomas Barrie v The Queen
Case number
SC 88/2012
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990, s 23(1)(b) – Right to consult and instruct a lawyer without delay and to be informed of that right – Whether the Court of Appeal erred in excluding foreign lawyers from those who may be consulted by a detainee under s 23(1)(b) of the New Zealand Bill of Rights Act 1990 in the drink/drive context – Whether the Court of Appeal erred in finding that a failure by Police to explain that there is no right to consult a foreign lawyer will not constitute a failure to facilitate the right to counsel provided the opportunity to consult and instruct a New Zealand lawyer had been afforded.[2012] NZCA 485    CA 849/2011
Leave judgment - leave dismissed
BARRIE v THE POLICE SC 88/2012 [15 March 2013] (PDF, 50 KB)
Dates
Application for leave to appeal dismissed.
15 March 2013.
Case name
M v Minister of Immigration
Case number
SC 89/2012
Summary
Civil Appeal – Immigration – Bill of Rights Act 1990 ss 9, 19 – whether the Court of Appeal erred in striking out the applicant’ s case for being out of time – whether the Court of Appeal erred in finding that there was no stand alone right to family life entitling the applicant, as a person currently applying for refugee status or for recognition as a protected person under the immigration Act 2009 but not holding permanent residence, to visits from his family – whether the Court of Appeal erred in finding that the Immigration Service’s refusal to allow the applicant’ s wife and child (residing in Australia) to visit him in New Zealand was not cruel, degrading or disproportionately severe treatment under s 9 of the Bill of Rights – whether the Court of Appeal erred in finding that the Immigration Service’s decision not to extend its family reunification policy to family members of asylum seekers wanting entry into New Zealand was not in breach of the prohibition of discrimination on the grounds of “ethnic or national origins” under s 19 of the Bill of Rights. [2012] NZCA 489    CA 587/2011
Result
Application for leave to appeal dismissed.
Costs $2,500 plus disbursements to the respondent.
4 March 2013.
Leave judgment - leave dismissed
M v MINISTER OF IMMIGRATION SC 89/2012 [4 March 2013] (PDF, 56 KB)
Case name
New Zealand Post Limited v Postal Workers Union of Aotearoa Incorporated  and Linda Street
Case number
SC 91/2012
Summary
Employment – Holidays Act 2003, s 9(1)(b)(ii) and (3) – Whether Court of Appeal erred in its interpretation of “relevant daily pay” – Whether unrostered overtime for postal delivery workers is to be included in the calculation of relevant daily pay as payments that “would have otherwise been received” – In which circumstances is the application of the “averaging formula” triggered.  [2012] NZCA 481   CA 327/2011
Result
Application for leave to appeal dismissed.
Costs $2,500 plus reasonable disbursement s to the respondent.
13 March 2013.
Leave judgment - leave dismissed
NEW ZEALAND POST LIMITED v POSTAL WORKERS UNION OF AOTEAROA INCORPORATED SC 91/2012 [13 March 2013] (PDF, 59 KB)
Case name
Jamie Ahsin v The Queen
Case number
SC 96/2012
Summary
Criminal appeal – Appeal against conviction – Crimes Act 1961, s 66(1) – Party to murder –Providing assistance to principal offender – Concept of withdrawal – Whether Court of Appeal was correct that appellant’s actions could not amount to a withdrawal of assistance[2011] NZCA 75     CA 133/2010
Result
The application for leave to appeal is granted. The approved question is whether the trial judge should have directed the jury as to withdrawal in relation to s 66(1)(b) of the Crimes Act 1961.
11 March 2013
____________________
Appeal allowed, conviction quashed.
New trial ordered.
30 October 2014
Transcripts
Media Releases
Leave judgment - leave granted
AHSIN v R SC 96/2012 [11 March 2013] (PDF, 7 KB)
Supreme court decision
JAMIE NGAHUIA AHSIN v R AND RAELEEN MATEWAI NOYLE RAMEKA v R [2014] NZSC 153 [30 October 2014] (PDF, 761 KB)
Case name
Greenpeace of New Zealand Incorporated
Case number
SC 97/2012
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a contentious or political purpose could not be a charitable purpose – Whether the Court of Appeal erred in holding that purposes or activities carried on by the charity or its representatives or agents that are illegal or unlawful preclude charitable status even if only minor or ancillary.[2012] NZCA 533      CA 333/2011
Result
Leave to appeal is granted on the following ground:
Were the views expressed by the Court of Appeal in its judgment [2012] NZCA 533 at [55]-[68] and [96]-[97] of its reasons correct?
8 March 2013
____________________
A The appeal against the Court of Appeal’s determination that a political purpose cannot be a charitable purpose is allowed.
B The appeal against the Court of Appeal’ s determination that purposes or activities that are illegal or unlawful preclude charitable status is dismissed.               
C The matter of the charitable status of the objects of Greenpeace of New Zealand Inc is remitted to the chief executive of the Department of Internal Affairs and the Charities Board for reconsideration in light of this decision.
D No order for costs is made.
6 August 2014
Transcripts
Media Releases
Leave judgment - leave granted
RE GREENPEACE OF NEW ZEALAND INC SC 97/2012 [8 March 2013] (PDF, 7 KB)
Supreme court decision
RE GREENPEACE OF NEW ZEALAND INCORPORATED [2014] NZSC 105 [6 August 2014] (PDF, 360 KB)
Case name
The New Zealand Māori Council and Waikato Rivers and Dams Claims Trust v Her Majesty’s Attorney-General, The Minister of Finance and The Minister of State Owned Enterprises
Case number
SC 98/2012
Summary
Civil Appeal – Application for direct appeal – Whether the High Court was right to dismiss the New Zealand  Māori Council’ s application for review. [2012] NZHC 3338 Civ 2012 485 2187
Result
Leave to appeal, and to appeal direct to this Court, is granted. The approved ground of appeal is whether the High Court was right to dismiss the application for review.
_____________________
Appeal dismissed. No order as to costs.
27 February 2013
Media Releases
Substantive judgment
THE NEW ZEALAND MAORI COUNCIL v THE ATTORNEY-GENERAL SC 98/2012 [27 February 2013] (PDF, 353 KB)
Transcript

Hearing date : 1 February 2013

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Sst V The New Zealand Police
Case number
SC 99/2012
Summary
Criminal Appeal – Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38 – whether the Court of Appeal erred in finding that the applicant was in custody at the time that the s 38 reports were ordered – whether the Court of Appeal erred in finding that the Judge sufficiently examined the evidence in determining that the applicant was fit to plead.  [2012] NZCA 544   CA394/2012
Dates
Application for leave to appeal dismissed.
26 February 2013.
Case name
VM  v The Queen
Case number
SC 2/2011
Summary
Criminal – Summary Proceedings Act 1957 – validity and scope of search warrants – whether the Court of Appeal erred in upholding the validity of search warrants issued under s 198 of the Summary Proceedings Act 1957; whether the Court of Appeal erred in concluding that s 198 of the Summary Proceedings Act can be used to authorise surveillance on private land – New Zealand Bill of Rights Act 1990 – unreasonable search and seizure – whether the Court of Appeal erred in holding that the police in this case did not breach s 21 of the New Zealand Bill of Rights Act 1990 – Evidence Act 2006 – admissibility of evidence – whether the Court of Appeal erred in its undertaking of the s 30 balancing exercise and in concluding that the evidence in dispute was admissible at trial[2010] NZCA 528  CA 820/2010  19 November  2010
Result
The appeal is allowed in part.  The video surveillance evidence (other than footage of vehicles on Reid Road) is inadmissible against those appellants.  All the other disputed evidence is admissible against them.
2 September 2011.
Leave judgment - leave granted
HAMED and OTHERS v R SC 125/2010 and Others [24 March 2011] (PDF, 84 KB)
Substantive judgment
HAMED v R SC 125/2010 [2 September 2011] (PDF, 551 KB)
Dates

The application for leave to appeal is granted.

The approved grounds are whether the challenged evidence was lawfully obtained under s 198 of the Summary Proceedings Act 1957 or was, alternatively, properly admissible pursuant to s 30 of the Evidence Act 2006.

25 March 2011
Hearing

3 and 4 May 2011

Elias CJ, Blanchard, Tipping, McGrath, Gault JJ.
Case name
Jane Chapman Siemer v Kate Fardell as executrix of the estate of John  Robert Fortesque Fardell
Case number
SC 7/2011
Summary
Civil – Pre-trial security for costs – Appeal against a Court of Appeal decision refusing to dispense with security for costs in an appeal before that Court – Whether the procedure adopted by the Court lacked procedural fairness – Whether the Court properly exercised discretion – Whether the Court’s ruling wrong on the merits – Section 27 of the New Zealand Bill of Rights Act 1990 – Whether right to justice at trial court level violated.   [2010] NZCA 586  CA 450/2010   3 December  2010
Leave judgment - leave dismissed
SIEMER v FARDELL SC 7/2011 [31 March 2011] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed, with costs of $2,500 to the respondent.

31 March 2011.
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