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.
17 August 2026
Case information summary (as at 17 August 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 August 2026) – Cases where leave to appeal decision not yet made (PDF, 128 KB)
All years
Case name
The Secretary for Justice As the New Zealand Central Authority v HJ
Case number
SC 36/2006
Summary
Summary Civil appeal * Care of Children Act 2004 * children wrongfully removed to New Zealand by one parent * other parent made application for an order for children to be returned to Australia * statutory defence to an order available under s 106(1)(a) - whether the Court of Appeal erred in its construction of s 106(1)(a) * whether the Court of Appeal erred in its exercise of discretion under s 106(1)(a).
CA 149/04 11 April 2006
Result
Leave to appeal granted.
27 June 2006
___________________________
The appeal is dismissed. Costs are reserved
16 November 2006
Leave judgment - leave granted
Judgment appealed from
Transcript
Case name
Qiu Jian v The Queen
Case number
SC 41/2006
Summary
Criminal Appeal – appeal against conviction for blackmail – whether standard of proof required for Crown to satisfy co-conspirators rule of evidence is on balance of probabilities or reasonable evidence of common intention – whether failure to advise defendant to testify in her own defence amounted to a miscarriage of justice – whether trial judge failed to give sufficient direction to jury on use which could be made of threats made by alleged co-conspirators. CA 495/05 3 May 2006
Result
29 September 2006 – Application for leave to appeal granted.
_____________________
Appeal allowed, conviction is quashed. New Trial ordered.
5 July 2007
Substantive judgment
Judgment appealed from
Leave judgment - leave granted
Case name
Khyentse Rinpoche Lama v Ross Hope and others
Case number
SC 48/2006
Summary
Civil – religious purpose trust – lay trustees to be supervised by Karmapa (head of Karma Kagyu School of Buddhism) – appellant, not a trustee, appointed by Karmapa as spiritual director – longstanding, international dispute within School over identity of Karmapa’s new incarnation – Court of Appeal recognised non-justiciability of religious and spiritual issues – correct approach to interpreting and enforcing purpose trusts – whether Court of Appeal erred in interpreting trust deed – whether trust deed gave appellant power to remove trustees – whether alternative application by appellant to remove trustees limited to Trustee Act 1956, s 51 or invoked the Court’s inherent jurisdiction to remove – the scope of that inherent jurisdiction – whether Court of Appeal wrong to conclude that appellant had not alleged improper conduct or breaches of trust deed by trustees – whether reinstatement of trustees by Court of Appeal gave rise to an ‘impossible situation’ inimical to attainment of the trust’s objects. CA 51/05 CA 119/05 7 June 2006
Result
Applications for leave to appeal by both the appellant and respondent are dismissed, with cost to the respondent $1,000.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Ronald Gerald Clark v The Queen
Case number
SC 50/2006
Summary
Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test. CA 479/05 12 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
CLARK V R SC 50/2006 [26 September 2006] (PDF, 16 KB)
Case name
James Charles Morris Parlane v Waipa District Council
Case number
SC 53/2006
Summary
Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05 6 July 2006
Result
Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Patricia Lenine Mabel Walsh v The Queen
Case number
SC 54/2006
Summary
Criminal – appeal against convictions for forgery – appellant used fax machine to transmit, from overseas, copies of false documents to persons in New Zealand – whether a facsimile copy of a false document is itself a false document – Crimes Act 1961, former ss 263, 264 (ss 255, 256 as amended 2003) CA 208/05 26 June 2006
Result
Leave to appeal granted.
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
Media Releases
- patriciawalsh mediarelease (PDF, 86 KB)
Leave judgment - leave granted
WALSH v R SC 54/2006 [1 September 2006] (PDF, 12 KB)
Substantive judgment
WALSH v R SC 54/2006 [19 December 2006] (PDF, 202 KB)
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Deo Dhatt Sharma v The Queen
Case number
SC 60/2006
Summary
Criminal – appeal against assault convictions – whether acknowledged failure of natural justice and inadequate answer to jury question on one assault count tainted verdicts on other counts – whether Court of Appeal erred in applying proviso in s 385(1) Crimes Act 1961 to dismiss appeals relating to other counts – whether Court of Appeal entitled to apply the proviso in breach of right to fair trial affirmed in s 25(a) New Zealand Bill of Rights Act 1990 – obligations of trial Judge in ensuring fair trial for unrepresented accused.
Result
Application for leave to appeal dismissed.
2 October 2006
2 October 2006
Leave judgment - leave dismissed
SHARMA v R SC 60/2006 [2 October 2006] (PDF, 16 KB)
Case name
Keith Hugh Nicholas Berryman and Margaret Berryman v The New Zealand Defence Force
Case number
SC 62/2006
Summary
Civil – costs award – whether Court of Appeal erred in finding an allegation of misconduct against a non-party was irrelevant to a costs order – allegation against armed forces of negligence in the construction of the applicants’ bridge – allegation that armed forces have abused the process of the Court – applicants held not to be entitled to documents sought in application for non-party discovery – costs principles. CA 95/05 13 July 2006
Result
Application for leave to appeal dismissed.
31 October 2006
31 October 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Darryl Shane Wilson v The Queen
Case number
SC 66/2006
Summary
Criminal appeal – appeal against sentence – whether application of sentencing guidelines in R v Taueki [2005] 3 NZLR 372 to offending which took place before the issue of that decision is contrary to the prohibition on retrospective increases in penalty in s 25(g) of the New Zealand Bill of Rights Act, s 6(1) of the Sentencing Act 2002, various international covenants, and/or good sentencing practice/fairness.CA 334/05 31 July 2006
Result
Application for leave to appeal dismissed.
18 October 2006
18 October 2006
Leave judgment - leave dismissed
WILSON V R SC 66/2006 [18 October 2006] (PDF, 19 KB)
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