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
Trent Grant Holmes v The Queen
Case number
SC 24/2010
Summary
Criminal Appeal – Appeal against sentence for aggravated robbery and injuring with intent to cause grievous bodily harm - Whether the Court of Appeal failed to take into account certain mitigating factors.[2010] NZCA 47  CA 723/2009  2 March 2010
Leave judgment - leave dismissed
HOLMES v R SC 24/2010 [9 June 2010] (PDF, 13 KB)
Dates

Application for leave to appeal dismissed.

9 June 2010.
Case name
TRD v The Queen
Case number
SC 74/2010
Summary
Criminal Appeal – Implied licence to enter private property – whether a police officer acts within the terms of the implied licence at common law to enter private property when he enters with the purpose of investigating suspected criminal activity as well as the intention to communicate with the occupier of the property[2010]  NZCA 297  14 July  2010
Dates

Application for leave to appeal is dismissed.

8 September 2010
Case name
Sialofi Nee Ah Kee Patea v The Queen
Case number
SC 76/2010
Summary
Criminal Appeal – Crimes Act 1961 - Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction for assault with intent to injure.[2010]  NZCA 338  30 July  2010
Leave judgment - leave dismissed
SIALOFI NEE AH KEE PATEA v R SC 76/2010 [3 November 2010] (PDF, 47 KB)
Dates

Application for leave to appeal dismissed.

3 November 2010.
Case name
Te Ingoa Turaki v The Queen
Case number
SC 12/2009
Summary
Criminal - Whether trial judge erred in summing up to jury by not properly putting the appellant’s principal defence “lack of murderous intent” adequately before the jury –  Whether failure to sum up amounted to a miscarriage of justice.{2008] NZCA 543  CA 669/2007  10 December 2008
Result
Application for leave to appeal dismissed.
9 March 2009
Leave judgment - leave dismissed
TURAKI v R SC 12/2009 [9 March 2009]  (PDF, 15 KB)
Judgment appealed from

The Queen v Turaki [2008] NZCA 543 (9 December 2008)
Case name
Ivan Vladimir Joseph Erceg v Balenia Limited
Case number
SC 27/2009
Summary
Civil appeal – alleged contractual breach by the appellant – clause A4(a) of the contract stipulates that the appellant’s former solicitors are to be satisfied that the respondent has clear title to the super-yachts which form the subject of the contract – the appellant’s former solicitors have not certified the respondent’s title to the super-yachts – whether the respondent is required to give notice to the appellant of its intention to rely on his alleged breach – whether the respondent is entitled to sue before making time of the essence for performance of the contract – whether the respondent bears the onus of proving that it would have been able to show clear title to the super-– whether the respondent can treat clause A4(a) as being fulfilled for the purposes of obtaining relief – whether the Court of Appeal was correct to order specific performance of the contract.[2009] NZCA 48  CA 553/2008
Result
Application for leave to appeal is dismissed, with costs of $2,500 to the respondent.
27 May 2009
Leave judgment - leave dismissed
ERCEG V BALENIA LIMITED SC 27/2009 27 May 2009 (PDF, 11 KB)
Case name
Aaron Mark Wi v The Queen
Case number
SC 28/2009
Summary
Criminal – Appeal against convictions for wounding with intent to cause grievous bodily harm and assault with intent to injure – Substantial miscarriage of justice – Whether appellant unfairly prejudiced by trial Judge’s ruling precluding appellant from adducing evidence of lack of convictions for violent offending.[2009] NZCA 81  CA 586/2008
Result
Application for leave to appeal granted.
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
Media Releases
Leave judgment - leave granted
AARON MARK WI v R SC 28/2009 [7 May 2009] (PDF, 12 KB)
Substantive judgment
WI v R SC 28/2009 [27 November 2009] (PDF, 147 KB)
 Transcript

Hearing date : 18 August 2009

Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Darin Joseph Gardner v The Queen
Case number
SC 31/2009
Summary
Criminal appeal – Applicant convicted of murder, injuring with intent to cause grievous bodily harm and injuring with intent to injure – Appeal against conviction and sentence – Whether the Court of Appeal erred in finding that the applicant’s trial was fair – Whether the Court of Appeal erred in finding that the discharge of only one juror in certain circumstances, rather than two, was fair – Whether the Court of Appeal erred in finding that provocation was not available as a defence – Whether the Court of Appeal erred in finding that provocation and defence of another were not material in the applicant’s sentencing.[2009] NZCA 113   CA 665/07
Result
Application for leave to appeal dismissed. 16 June 2009
Leave judgment - leave dismissed
GARDNER V R SC 31/2009 16 June 2009 (PDF, 13 KB)
Case name
Bhikubhai Patel  v The Queen
Case number
SC 45/2009
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal were wrong to find that tape recordings, which were not the originals, were nevertheless admissible – whether the Court of Appeal erred in finding that it was not necessary to expressly warn the jury about the dangers of inferring intent from the literal meaning of words spoken in a foreign language – whether police practices and procedures were proper in this case[2009] NZCA 159   CA 190/2007    30 April 2009
Result
Application for leave to appeal dismissed. 5 February 2009
Leave judgment - leave dismissed
PATEL V R SC 45/2009 5 February 2010 (PDF, 38 KB)
Case name
Cashmere Capital Limited v Patrick Kevin Carroll and others
Case number
SC 46/2009
Summary
Civil – Retirement Villages Act 2003 – retrospective operation of the Act – the Court of Appeal held that when there has been an Order in Council under s 103, the Registrar-General must note on the certificate of title to the land comprising the village that it is subject to s 22 of the Act, and that the expressed intention of Parliament was that the Act should operate retrospectively to 31 December 2002 – whether the Court of Appeal erred in its interpretation of ss 103 and 21 of the Act - whether the Court of Appeal erred in finding that if the Registrar-General has registered Crossdale Village under s 21 of the Act then s 22 applied to the appellant and if the Registrar-General has not done so it should be performed forthwith.[2009] NZCA  185   CA 190/2007    15 May 2009
Result
Application for leave to appeal granted.
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
Transcripts
Media Releases
Leave judgment - leave granted
CASHMERE CAPITAL LIMITED v CROSSDALE PROPERTIES LIMITED AND ORS SC 46/2009 [24 July 2009] (PDF, 10 KB)
Substantive judgment
CASHMERE CAPITAL LTD v PATRICK KEVIN CARROLL AND ORS SC 46/2009 [4 December 2009] (PDF, 189 KB)
Case name
RB v The Queen
Case number
SC 50/2009
Summary
Criminal – Wounding with intent to injure – Whether a defence of consent available - Whether the Court of Appeal erred in ordering a retrial after quashing the appellant’s convictions, given the factual findings made by the District Court Judge – Whether a retrial would result in a substantial miscarriage of justice, having regard to events which have occurred after the Court of Appeal judgment[2009] NZCA  186  CA 733/2008   15 May 2008
Result
Notice of Abandonment of Appeal being lodged, the application is deemed to be dismissed. 7 July 2009
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