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
Edgar Alan Moray Burns and Yvonne Joy Burns v ANZ National Bank of New Zealand
Case number
SC 97/2006
Summary
Summary Civil – applicants sought to cancel settlement agreement made with respondent bank – proceedings arose out of claim against bank alleging breach of trust or fiduciary obligation by bank in failing to pay to applicants proceeds of sales of trees made by an agent of the applicants (knowing receipt) – failure on the part of respondent to discover documents which were discovered in a similar subsequent case involving another party – ss 7(3) and (4) Contractual Remedies Act – Court of Appeal found that there was a representation that discovery was adequate or complete when it was inadequate and incomplete – Court of Appeal found that applicants failed in their assertion of existence of agency relationship, having argued vendor/purchaser relationship in previous proceedings – whether Court of Appeal erred in holding that materiality is a necessary element of inducement – whether Court of Appeal erred in speculating how representors would have acted had position not been misrepresented to them to determine substantiality. CA 269/05 27 November 2006
Result
Application for leave to appeal refused.
17 April 2007
17 April 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Jarod Peter Hester and others v The Commissioner of Inland Revenue
Case number
SC 2/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities. CA 6/04 14 December 2004
Result
Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005
3 May 2005
Transcripts
- Hearing date 21 April 2005 (PDF, 127 KB)
Leave judgment - leave dismissed
Judgment appealed from
Case name
Allan Kendrick Dean v The Queen
Case number
SC 6/2005
Summary
Criminal Appeal - whether sentence of preventive detention should have been imposed - whether there has been unlawful appellate delay or breach of the New Zealand Bill of Rights Act 1990 - whether a substantial miscarriage of justice has resulted. CA 172/03 17 December 2004
Result
Leave to appeal dismissed.
11 April 2005
11 April 2005
Leave judgment - leave dismissed
R V DEAN SC 6/2005 [11 April 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Lesley Jane Martin
Case number
SC 9/2005
Summary
Appeal against conviction for attempted murder - whether the Court of Appeal's application of the proviso in s385(1) Crimes Act 1961 was erroneous in law or in fact - whether breach of the right to fair trial, as guaranteed by the New Zealand Bill of Rights Act 1990, is so fundamental a breach that it will ipso facto give rise to a substantial miscarriage of justice. CA 257/04 21 October 2004
Result
Leave to appeal refused.
15 June 2005
15 June 2005
Leave judgment - leave dismissed
MARTIN V R SC SC 9/2005 [15 June 2005] (PDF, 23 KB)
Transcript
Judgment appealed from
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing. CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
Leave judgment - leave granted
MIST V R SC 12/2005 [31 May 2005] (PDF, 15 KB)
Substantive judgment
MIST V R SC 12/2005 [1 December 2005] (PDF, 182 KB)
Transcription
Case name
Edwin Christopher Brown v The Attorney-General
Case number
SC 17/2005
Summary
Bill of Rights - compensation for breach of rights under the New Zealand Bill of Rights Act 1990 - whether decision of the Auckland District Legal Services Subcommittee refusing to grant legal aid approval for the purposes of instructing forensic experts in Australia was unlawful or unreasonable - if so, whether the appellant's trial was unfair as a result - whether compensation appropriate - quantum of compensation. CA 39/03 3 March 2005
Result
Leave to appeal is dismissed. Any question of costs is reserved.
29 August 2005
29 August 2005
Transcripts
- Hearing date 17 August 2005 (PDF, 77 KB)
Leave judgment - leave dismissed
BROWN V ATTORNEY-GENERAL SC 17/05 [29 August 2005] (PDF, 21 KB)
Judgment appealed from
Case name
Motorcorp Holdings Ltd and Others v CIR
Case number
SC 18/2005
Summary
Civil appeal - whether reimbursement payments by overseas car manufacturers to New Zealand distributors were payments under contracts of insurance for the purposes of the Goods and Services Tax Act 1985 - whether there was a supply for GST purposes - whether the decision in Suzuki NZ Ltd v CIR (2001) 20 NZTC 17, 096 should be revisited. CA 17/04 7 March 2005
Result
Leave to appeal refused.
1 June 2005
1 June 2005
Leave judgment - leave dismissed
Judgment appealed from
re grant to appeal to the Privy Council - dismissed
Case name
Peter Neil Campbell v The Superintendent, Wellington Prison
Case number
SC 21/2005
Summary
Habeas Corpus - whether an order made by the Parole Board under s107 Parole Act 2002 that the appellant not be released until 3 months prior to his sentence expiry date was rendered unlawful by a failure to comply with the statutory procedural requirement of s107 Parole Act to review this decision, and other procedural requirements - whether, and to what extent, the New Zealand Bill of Rights Act effects these issues - whether subsection (8) of s107 Parole Act is dominant to subsection (6). CA 3/05 14 February 2005
Result
Leave to appeal dismissed.
5 May 2005
5 May 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Pimthong Udompun v Minister of Immigration and New Zealand Police
Case number
SC 38/2005
Summary
Bill of Rights - Whether a failure to make a properly qualified interpreter available is a breach of s27(1) NZBORA - Whether the handing to a detainee a form in the detainee's native language setting out her NZBORA rights satisfied her rights under s23(1) - Whether a Baigent's award of $4000 for breach of s23(5) NZBORA is distinctly inadequate in the circumstances - Whether, having established a breach of the NZBORA, the authority concerned should fully meet reasonable indemnity costs and disbursements - Whether award should be with interest from the date of the breach. CA 244/03 26 May 2005
Result
Application for leave to appeal is dismissed. 9 February 2006
Leave judgment - leave dismissed
Transcript
Judgment appealed from
Case name
ANZO Foods Waitara Limited, Itoham New Zealand Limited & Riverlands Limited v Affco New Zealand Limited
Case number
SC 41/2005
Summary
Encumbrance - interpretation - whether certain meat processing activity within terms of encumbrance - competition law - whether encumbrance prohibited by Commerce Act 1986, sections 27 and 28. CA 181/04 23 June 2005
Result
For hearing 26 July 2005 Notice of abandonment being lodged the appeal is deemed to be dismissed.1 August 2005.
Judgment appealed from
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