Supreme Court case information

Criminal Appeal - Application for leave to bring an appeal

A notice of abandonment having been filed, the application for leave to appeal is abandoned.
10 March 2026

Criminal Appeal - Application for leave to bring an appeal

The applications for leave to appeal are dismissed.
4 June 2026

Criminal Appeal - Application for leave to bring an appeal

The application for leave to appeal is dismissed.
6 May 2026

Criminal Appeal

A The application for leave to appeal by H is granted ([H] v R [2023] NZCA 633).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals in both CA169/2023 and CA170/2023.
C We make an interim order continuing suppression of the applicant’s name, address, occupation and identifying particulars pending further order of this Court.
15 April 2024
_____________________________________________________________

A The appeal against conviction is allowed and a discharge without conviction is substituted.
B We make an order prohibiting publication of the name, address, occupation and identifying particulars of the appellant.                                                  
10 June 2025

Civil Appeal

A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
__________________________________________________

A The appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.    

B The further evidence described below at [156] is admitted.  

C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.

E Costs are reserved.                                                                                                                        

15 August 2025

Civil Appeal

A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
_______________________________________

A The appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.    

B The further evidence described below at [156] is admitted.  

C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.

E Costs are reserved.                                                                                                                         15 August 2025

Civil Appeal

A Leave to appeal is granted (Attorney-General v Putua [2024] NZCA 67).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
1 August 2024

Civil Appeal

A The application for leave to appeal by Ms Fleming is granted in part to the extent described below (Attorney-General v Fleming [2024] NZCA 92).
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
_________________________________________________

A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025

Civil Appeal

A The application for leave to appeal by Ms Fleming is granted in part to the extent described below (Attorney-General v Fleming [2024] NZCA 92).
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024
_______________________________________________________________
A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025

Criminal Appeal

A Leave to appeal is granted (Tamati v R [2024] NZCA 113).
B The approved questions are as follows:
(a) whether errors by trial counsel may have occasioned a miscarriage of justice; and
(b) whether in the circumstances a reliability warning was required.
2 August 2024
________________________________________________
The appeal is dismissed.                                                                                                                                          
03 July 2025