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
Myles James de Montalk v The Queen
Case number
SC 71/2006
Summary
Criminal – application for leave to appeal out of time – whether Court of Appeal’s alleged refusal to disclose evidence was tainted by racial, religious, or ethnical bias – whether Court of Appeal thereby in breach of New Zealand Bill of Rights Act 1990, s 25(a).CA 11/04 27 June 2006
Result
Application for leave to appeal dismissed.
18 October 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kimberley Birkenfeld v Yachting New Zealand Inc
Case number
SC 72/2006
Summary
Civil – application by respondent for decree limiting its liability – whether Court of Appeal was correct in holding that a rigid inflatable boat (under 24m in length) is a ‘ship’ for the purposes of the application of s 85 of the Maritime Transport Act 1994 – whether purpose of Limitation Convention to facilitate commercial shipping – application of the International Convention on Tonnage Measurement of Ships.CA 171/05 9 August 2006
Result
Application for leave to appeal dismissed. Costs $1,500 to respondent. 10 November 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Royal New Zealand Foundation of the Blind v Auckland City Council
Case number
SC 76/2006
Summary
Civil – local government – levying of rates – Local Government Act 2002, Schedule 1, Part 1, cl 5(e), Part 1 – whether relevant rating exemption does not apply to land owned by applicant for its purposes and not acquired or held as a gift but which is nevertheless let to commercial tenants – whether exemption should be construed to indicate and/or be applied in light of inferred legislative purpose that land not directly used to provide services of charitable nature should be rateable – whether the meaning of “except as an endowment” is relevant to the application of the rating exemption and informs the policy underpinning the exemption – whether anomalies arising from natural and ordinary interpretation of exemption should be left to Parliament to address (if at all).CA 171/05 29 August 2006
Result
Application for leave to appeal granted. 27 November 2006 _____________________ Appeal dismissed.
Costs to respondent $15,000 plus disbursements. 2 August 2007
Costs to respondent $15,000 plus disbursements. 2 August 2007
Leave judgment - leave granted
Substantive judgment / Media release
Transcription
Judgment appealed from
Case name
Anthony Arbuthnot v Chief Executive of the Department of Work and Income
Case number
SC 82/2006
Summary
Civil – applicant was overpaid benefits – whether Court of Appeal erred in confusing review and appeal provisions under statute with administrative power of review – whether the decision of the Benefit Review Committee on the status of the beneficiary could only be reviewed by the Chief Executive on the basis of new information or some change in circumstance – whether Court of Appeal erred in finding that it would not be an abuse of process for the Chief Executive to be able to put an issue decided in the beneficiary’s favour before the Authority at the time the beneficiary appealed other issues – whether a decision of the BRC varying a decision of the Chief Executive creates an estoppel against the Chief Executive – whether the Court of Appeal erred in not distinguishing between the decision of the Chief Executive, and the decision as modified by the Authority. CA 256/05 3 October 2006
Result
Application for leave to appeal granted. 8 March 2007 _______________________ Appeal dismissed. Cost reserved.
19 July 2007
19 July 2007
Leave judgment - leave granted
Judgment appealed from
Substantive judgment / Media release
Transcript
Leave judgment - leave granted
Case name
Lindsday Allan Clark v Libra Developments Limited and Russell Ernest Hyslop
Case number
SC 87/2006
Summary
Civil – partnership – First Respondent removed from companies register and subsequently reinstated – whether Court of Appeal erred in finding that parties’ partnership continued on removal from the register of the First Respondent – whether Court of Appeal erred in finding the partnership included new ventures entered into during the period the First Respondent was removed from the register – whether s 158 Companies Act validates actions of sole director after bankruptcy results in his or her being disqualified from holding office – whether company removed from the register capable of continuing to be a partner in a partnership – effect on partnership of company’s property vesting in the Crown (s 324 Companies Act) if partnership not automatically dissolved.CA 26/05 31 October 2006
Result
Application for leave to appeal dismissed. Costs $2,500 and disbursements to the respondent. 15 March 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kay Halton Skelton v Christopher Dean Jones
Case number
SC 90/2006
Summary
Civil appeal – abduction of parties’ child – applicant currently imprisoned for contempt for non-compliance with orders made by High Court under Habeas Corpus Act 2001 –appeal to Court of Appeal abandoned following decision now subject of application for leave to appeal in SC 88/2006 – applicant also facing criminal proceedings in relation to abduction – whether habeas corpus proceedings in High Court should be stayed or struck out as abuse of process – whether breach of natural justice prior to orders being made – whether sufficient evidential basis for orders – whether orders interim or final – whether High Court, having ordered release of child in discharge of its function under the Habeas Corpus Act, lacked jurisdiction to make further orders relating to swearing of affidavit by, and cross-examination of, applicant – whether orders, with or without accompanying safeguards, breached applicant’s right to silence as a person charged with a criminal offence (s 25 New Zealand Bill of Rights Act 1990).CIV 2006 419 1489 18 October 2006
Result
6 December 2006
________________________
Appeal dismissed. Costs reserved. Reasons to be given later.
________________________
Appeal dismissed. Costs reserved. Reasons to be given later.
Leave judgment - leave granted
Additional document
SKELTON v JONES SC 90/2006 [20 August 2009] (PDF, 10 KB)
Substantive judgment
Reasons for judgmnet
Transcript
Case name
The New Zealand Airline Pilots’ Association Industrial Union of Workers Incorporated v Air New Zealand Limited
Case number
SC 91/2006
Summary
Civil appeal – whether s44(2) of the Holidays Act 2003 permits an employee’s entitlement to the observance of designated public holidays to be transferred by agreement to another day or days so as to remove, in respect of the specified public holidays, entitlement under the Act to payment on a time and a half basis – whether leave to appeal should be granted notwithstanding that the applicant succeeded in the Court of Appeal.. CA 474/06 6 December 2006
Result
Application for leave to appeal granted.
7 March 2007
____________________________
Appeal and Cross Appeal dismissed.
Order of Court of Appeal remitting the proceeding to the Employment Court stands.
Costs to appellant $25,000 plus disbursements.
Order for Costs in Court of Appeal stands.
14 November 2007
7 March 2007
____________________________
Appeal and Cross Appeal dismissed.
Order of Court of Appeal remitting the proceeding to the Employment Court stands.
Costs to appellant $25,000 plus disbursements.
Order for Costs in Court of Appeal stands.
14 November 2007
Transcripts
- Hearing date 13 and 14 June 2007 SC 91/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 89 (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Christopher John Manawatu v The Queen
Case number
SC 92/2006
Summary
Criminal – applicant convicted of aggravated robbery and driving while disqualified – applicant convicted in separate proceeding of three counts of manslaughter, and one charge each of reckless driving and excess blood alcohol – no appeal against conviction or sentence – whether s 398 Crimes Act infringes ss 14, 25(a) and 25(h) New Zealand Bill of Rights Act 1990 or Articles 14(1), 19(2) and 26 of ICCPR – whether s 398 discriminates against criminal appellants, there being no equivalent provision applying to civil cases – whether Court of Appeal should have disclosed to counsel prior to the hearing that s 398(1) is in the process of being repealed - whether Court of Appeal should have made Declaration of Inconsistency of s 398 with BORA - whether undue appellate delay – whether there should be a reduction in sentence by reason of appellate delay. CA 111/05 CA 112/05 10 November 2006
Result
Application for leave to appeal dismissed.
8 March 2007
8 March 2007
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Colyn David Stoves v The Queen
Case number
SC 93/2006
Summary
Criminal – appeal against sentence – recidivist drink driving offending – whether Court of Appeal erred in confirming sentencing judge’ s assessment of aggravating and mitigating factors – whether sentence partially reflected offending outside scope of present charges, in breach of s 25 New Zealand Bill of Rights Act 1990 – whether Court of Appeal erred in confirming that applicant’s ‘poor responses’ to community work and bail obligations properly contributed to refusal of leave to apply for home detention CA 264/06 7 November 2006
Result
Application for leave to appeal dismissed. 15 February 2007
Leave judgment - leave dismissed
STOVES v R SC 93/2006 [15 February 2007] (PDF, 13 KB)
Additional document
Judgment appealed from
Case name
Josko Sestan v The Director of Area Mental Health Services, Waitemata District Health Board
Case number
SC 94/2006
Summary
Civil– application to appeal from decision of the Court of Appeal declining to issue writ of habeas corpus – whether a person detained under the Mental Health (Compulsory Assessment and Treatment Act) 1992 has all the rights of a person detained contained in the New Zealand Bill of Rights Act 1990 – whether Court of Appeal erred in wrongly or inadequately analysing whether the applicant was mentally disordered – whether Court of Appeal erred in failing to place burden properly on respondent to show mental disorder – whether reasons for dangerousness finding sufficient – whether Family Court and Court of Appeal erred in finding applicant was mentally disordered – whether inadequate reasons given for finding of mental disorder – whether applicant wrongly deprived of due process rights.CA 254/06 12 December 2006
Result
Application for leave to appeal dismissed.
15 February 2007
_________________________
Application for costs dismissed.
7 March 2007
15 February 2007
_________________________
Application for costs dismissed.
7 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Additional document
JUDGMENT OF THE COURT (COSTS) (PDF, 14 KB)
Judgment appealed from
Transcription
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