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
Maia Rongonui v The Queen
Case number
SC 66/2009
Summary
Criminal – Evidence Act 2006 – Mr Rongonui was convicted of one count of sexual violation by unlawful connection and one of assault with intent to commit rape – whether the Court of Appeal erred in holding that the complainant’s evidence that she had told her friend what occurred after the incident did not fall within s 35 of the Evidence Act dealing with previous consistent statements because evidence was not given of anything actually said by the complainant – whether the Court of Appeal erred in holding that the District Court Judge was correct to allow the prosecutor to use a witness statement to refresh the memory of a witness and to allow cross-examination of the witness on the grounds of hostility[2009] NZCA 279 CA 736/2008  2 July 2009
Result
Application for leave to appeal granted.
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
Transcripts
Media Releases
Leave judgment - leave granted
Rongonui v R SC 66/2009 [21 September 2009] (PDF, 9 KB)
Substantive judgment
RONGONUI v R SC 66/2009 [27 November 2009] (PDF, 170 KB)
Case name
Moncello David Shirley  v The Queen
Case number
SC 101/2009
Summary
Criminal appeal – convictions for wounding with intent, aggravated burglary and possession of a knife – whether the Court of Appeal erred in rejecting the possibility of self-defence and provocation – whether the Court of Appeal gave insufficient weight to supplementary reports which indicated that certain of the appellant’s characteristics should have been seen as mitigating factors in sentencing – whether the Court of Appeal erred in failing to consider the possible application of section 9 of the New Zealand Bill of Rights Act 1990, given the applicant’s history and experiences in prison.[2009] NZCA 509   CA  57/2009 23 October  2009
Result
Application for leave to appeal dismissed. 5 March 2010
Leave judgment - leave dismissed
SHIRLEY v R SC 101/2009 [5 March 2010]  (PDF, 29 KB)
Judgment appealed from

The Queen v Shirley [2009] NZCA 509 (23 October 2009)
Case name
Kevin Anthony Lenaghan v The Queen
Case number
SC 24/2008
Summary
Criminal – appeal against conviction – possessing a substance with the intention of using it to produce or manufacture a controlled drug - whether the Court of Appeal erred in concluding that there was adequate evidence to support the jury’s conclusion of possession of a substance – whether the Court of Appeal erred in finding that the trial Judge gave adequate jury directions.
Leave judgment - leave dismissed
LENAGHAN v R SC 24/2008 [21 July 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
21 July 2008
Case name
Vai Feterika v The Queen
Case number
SC 31/2008
Summary
Criminal Appeal – sentence appeal – wounding with intent to cause grievous bodily harm – whether the sentencing judge gave appropriate consideration to the applicant’s youth and the need for rehabilitation – applicant sentenced to 10 years imprisonment while the principle offender was sentenced to only five and a half years – whether disparity between the offenders is a miscarriage of justice. [2008] NZCA 127 CA 422/07 20 May 2008
Leave judgment - leave dismissed
FETERIKA v R SC 31/2008 [27 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
27 August 2008.
Case name
Matthew BROWN V The Queen
Case number
SC 41/2008
Summary
Criminal Appeal – appeal against conviction for injuring with intent – whether applicant had adequate counsel in the Court of Appeal – whether Court of Appeal counsel provided correct advice in relation to waiver of solicitor-client privilege – whether Court of Appeal counsel should have called medical evidence – whether Court of Appeal counsel followed applicant’s instructions in relation to witness subpoenas and cross-examination – whether evidence provided in the Court of Appeal was accurate – whether applicant had adequate counsel at District Court – whether District Court counsel should have called other witnesses – whether District Court counsel should have objected to complainant’s testimony – whether Judge’s summing up was effected by defence provided[2008] NZCA 156  CA 392/07   9 June 2008
Leave judgment - leave dismissed
BROWN v R SC 41/2008 [10 October 2008] (PDF, 15 KB)
Dates

 Application for leave to appeal dismissed.
  10 October 2008.
Case name
Stephen William Garret v The Queen
Case number
SC 57/2008
Summary
Criminal - Appeal against sentence – Grievous bodily harm with intent to injure – Whether 3½ years imprisonment manifestly excessive for vigilante attack given early offer of guilty plea to lesser charge of which ultimately convicted and $20,000 reparation payment as requested by victim – Whether sentencing Judge erred in law in finding appellant had leadership role in operation.[2008] NZCA 294   CA 176/2008    12 August 2008
Dates
Application for leave to appeal dismissed.
20 October 2008.
Case name
Geoffrey Martin Smith  v The Queen
Case number
SC 73/2008
Summary
Criminal – application for leave to appeal against conviction – applicant convicted of offences against the Tax Administration Act 1994 – nature of intent required by s 143B(1)(f) of the Act – whether s 109 of the Act applies to evidence in a criminal trial – whether the trial Judge misdirected the jury in relation to PAYE, GST, and the impact of certain assessments before them. [2008] NZCA 371   CA 275/2008   17 September  2008
Leave judgment - leave dismissed
SMITH v R SC 73/2008 [12 December 2008] (PDF, 23 KB)
Dates

Application for leave to appeal dismissed.

12 December 2008.
Case name
Symphony Group Limited v Vero Liability Insurance Ltd
Case number
SC 89/2008
Summary
Civil – whether an insured defendant may join its insurer to a proceeding as a third party pursuant to Rule 75 of the High Court Rules and resist an application for strike out - whether the Court of Appeal was correct to hold that Rule 75 does not apply where the plaintiff’s claim against the insured does not include a claim for which the insured is indemnified, but the plaintiff has notified the Court of its intention to add such a claim – whether the principle in Couch v Attorney General [2008] NZSC 45, that if a saving amendment can be made to a claim it should not be struck out, should apply by analogy where a saving amendment is to be made to a plaintiff’ s claim, that will give the defendant a right to indemnity from its insurers.[2008] NZCA 419   CA 132/08     23 October 2008
Result
Notice of Abandonment of Appeal lodged. Appeal deemed to be dismissed.
9 July 2009
Leave judgment - leave granted
SYMPHONY GROUP LIMITED v VERO LIABILITY INSURANCE LIMITED SC 89/2008 [1 April 2009 (PDF, 12 KB)
Additional document
SYMPHONY GROUP LTD AND ORS v VERO LIABILITY INSURANCE LTD SC 89/2008 [12 August 2009] (PDF, 10 KB)
Dates

Application for leave to appeal granted.

1 April 2009
Case name
Laxman Rajamani v the Queen
Case number
SC 8/2007
Summary
Criminal appeal – murder – husband killed wife – defence of lack of murderous intent and provocation – husband and wife both Indian - alleged provocative act by wife was in threatening to leave her husband for a Pakistani colleague – whether trial judge erred in proceeding with the trial to verdict with only ten jurors after two jurors had been discharged – whether trial judge erred in summing up on provocation – whether defence counsel’s cross-examination of a key Crown witness was inadequate; and whether trial judge’s summing up with respect to that witness was unbalanced – whether hearsay evidence from deceased a few days before her death concerning threats to her life from the defendant should have been admitted under R v Manase [2001] 2 NZLR 197; and whether trial judge’ s instructions as to the use to which that evidence could be put were incorrect. CA 140/06 20 December 2006
Result
Leave to appeal granted.
19 April 2007
____________________________
Appeal allowed, conviction quashed, new trial ordered.
23 August 2007
Transcripts
Court of Appeal decision
The Queen v Rajamani [2006] NZCA 367 (20 December 2006)
Leave judgment - leave granted
RAJAMANI v R SC 8/2007 [19 April 2007] (PDF, 12 KB)
Substantive judgment
RAJAMANI v R SC 8/2007 [23 August 2007] (PDF, 38 KB)
Case name
Nicola Brownwyn Hayes v The Queen
Case number
SC 16/2007
Summary
Criminal appeal – Crimes Act 1961 – s 229(A)(b) (taking or dealing with certain documents with intent to defraud) – s 228 (dishonestly taking or using document) – whether, and to what extent, the Crown must prove the probability or possibility of “pecuniary advantage” where the accused uses a document to avoid the risk of losing ACC compensation payments to which she, in any event, would have been entitled – alternatively, whether, in that same scenario, the Crown must prove that the accused was no longer entitled to such payments because the relevant incapacity had ceased.CA 343/06 24 February 2007
Result
Application for leave to appeal granted.
8 May 2007
_________________
Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008
Transcripts
Media Releases
Court of Appeal decision
The Queen v Hayes [2007] NZCA 6 (14 February 2007)
Leave judgment - leave granted
NICOLA BRONWYN HAYES V R SC 16/2007 [8 May 2007]
Substantive judgment
HAYES V R SC 16/2007 [15 February 2008] (PDF, 95 KB)
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