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
Whetu Sonny James Waiwai v The Queen
Case number
SC 54/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. [2016] NZCA 167 CA603/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Case number
SC 65/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement. [2016] NZCA 241 CA750/2014
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
30 August 2016
B The applicants are to pay the respondents costs of $2,500
30 August 2016
Leave judgment - leave dismissed
HC judgments
Case name
Auckland Council and James Hardie New Zealand v Weathertight Homes Tribunal, and The Chief Executive of the Ministry of Business, Innovation and Employment, and Body Corporate 19500, and Gefei Liang and Others
Case number
SC 72/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the Weathertight Homes Resolution Services Act 2006 is that the multi-unit complex claim does not need to independently meet the s 16(a) eligibility criterion for resolution – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the 2006 Act is that all of the claimants represented in the multi-unit complex claim receive the benefit of the date the withdrawn claim was brought under the Weathertight Homes Resolution Services Act 2002 for the purposes of s 37 of the 2006 Act.[2016] NZCA 256 CA552/2015, CA564/2015
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.
16 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Janferie Maeve Almond v Bruce James Read and Others, Ethne Glays Read, and Christopher John Read
Case number
SC 98/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in failing to grant the applicant an extension of time to bring her appeal. [2016] NZCA 147 CA730/2015
Result
A The amended application for leave to appeal is granted (Almond v Read [2016] NZCA 147).
B The approved question is whether the Court of Appeal was right to refuse the appellant’s application for an extension of time to appeal.
2 November 2016
_________________________
A The appeal is allowed.
B The application for an extension of time to appeal to the Court of Appeal is granted.
C The stay will remain in effect until the determination of the appellant’s appeal in the Court of Appeal.
D The respondents are jointly and severally liable to pay costs of $13,000 to the appellant, plus reasonable disbursements.
30 May 2017
B The approved question is whether the Court of Appeal was right to refuse the appellant’s application for an extension of time to appeal.
2 November 2016
_________________________
A The appeal is allowed.
B The application for an extension of time to appeal to the Court of Appeal is granted.
C The stay will remain in effect until the determination of the appellant’s appeal in the Court of Appeal.
D The respondents are jointly and severally liable to pay costs of $13,000 to the appellant, plus reasonable disbursements.
30 May 2017
Transcripts
- Hearing date 5 December 2016 (PDF, 335 KB)
Media Releases
- MR [2017] NZSC 80 (PDF, 262 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Dean James Charlton v The Queen
Case number
SC 102/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that there was sufficient evidence to support the applicant’s conviction for rape. [2016] NZCA 212 CA452/2015
Result
The application for leave to appeal is dismissed.
9 February 2017
9 February 2017
Leave judgment - leave dismissed
DEAN JAMES CHARLTON v R [2017] NZSC 5 9 February 2017 (PDF, 120 KB)
Judgment appealed from
Case name
Ian Edward Hitchcock v The Queen
Case number
SC 126/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge’s summing up on consent in relation to a charge of sexual violation was sufficient – Whether the Court of Appeal erred in finding that no miscarriage of justice arose as a result of the trial Judge’ s failure to direct the jury that they should consider whether the applicant knew that he was supplying cannabis. [2016] NZCA 465 CA265/2015
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
Leave judgment - leave dismissed
IAN EDWARD HITCHCOCK v R [2017] NZSC 29 8 March 2017 (PDF, 82 KB)
Recall judgment
IAN EDWARD HITCHCOCK v R [2017] NZSC 71 17 May 2017 (PDF, 67 KB)
Judgment appealed from
Case name
James Gerard Mercer v Commonwealth of Australia
Case number
SC 143/2016
Summary
[2016] NZCA 503 CA134/2016
Result
A The application for leave to appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceedings (except for the parties’ names and result) in news media or on the internet or other publicly available database until final disposition of proceedings either by the Minister of Justice or in the Queensland courts. Publication in law report or law digest permitted.
16 March 2017
B We make an order prohibiting publication of the judgment and any part of the proceedings (except for the parties’ names and result) in news media or on the internet or other publicly available database until final disposition of proceedings either by the Minister of Justice or in the Queensland courts. Publication in law report or law digest permitted.
16 March 2017
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
Case name
Malcolm Edward Rabson v Attorney-General
Case number
SC 147/2016
Summary
Civil Appeal – Judicial Review – Whether the High Court Judge erred in striking out the judicial review claim.[2016] NZHC 2876 CIV 2016-485-000149
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
3 March 2017
B Costs of $2,500 are awarded to the respondent.
3 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 12/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of decisions of the Deputy Registrar – Whether the decision to dismiss the application was affected by apparent bias or a breach of the principles of natural justice.[2015] NZCA 5 CA 550/2014
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 12 May 2015.
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Colin James Dallas v Wellington City Council
Case number
SC 14/2015
Summary
Civil Appeal – Fair Trading Act 1986, s 9 – Whether the Court of Appeal erred in finding a breach of s 9 of the Fair Trading Act.[2014] NZCA 631 CA 148/2014
Result
A The application for leave to appeal is granted (Wellington City Council v Dallas [2014] NZCA 631). B The approved questions are: (a) Was the Court of Appeal correct to have found the applicant liable under the Fair Trading Act 1986? (b) If so, should the applicant have been held liable for 50 per cent of the respondent’s loss? 26 June 2015 ________________________ Notice of abandonment being lodged, the appeal is deemed to be dismissed. 11 November 2015
Leave judgment - leave granted
Judgment appealed from
Page 12 of 22