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.
17 July 2026
Case information summary (as at 17 July 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 July 2026) – Cases where leave to appeal decision not yet made (PDF, 128 KB)
All years
Case name
Michael Brian Ogden v The Queen
Case number
SC 66/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the error made by the District Court Judge in considering a formal written statement which was on the court file but had not been admitted in evidence was not so gross, prejudicial or irremediable as to render the trial unfair. [2016] NZCA 214 CA609/2015
Result
The application for leave to appeal is dismissed.
3 August 2016
3 August 2016
Leave judgment - leave dismissed
MICHAEL BRIAN OGDEN v R [2016] NZSC 97 3 August 2016 (PDF, 81 KB)
Judgment appealed from
Case name
Alexander Pieter van Heeren v Michael David Kidd
Case number
SC 94/2016
Summary
Civil Appeal– Whether the Court of Appeal erred in upholding the decision of the High Court finding that an issue estoppel can arise in New Zealand proceedings based on findings made by a foreign court –Whether the Court of Appeal then erred in upholding the direction of the High Court for a summary account. [2016] NZCA 401 CA 247/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
9 December 2016
B The applicant must pay the respondent costs of $2,500.
9 December 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Me
Case number
SC 135/2016
Summary
Civil Appeal – Securities Act 1978 – Whether the Court of Appeal erred in its interpretation and application of the Securities Act 1978, ss 2, 55 and 56 – Whether the Court of Appeal findings preclude Fair Trading Act 1986 claims. [2016] NZCA 493 CA578/2014
Result
A The appeal in relation to the fourth and fifth respondents is dismissed.
B The appeal in relation to the first, second and third respondents is allowed to the limited extent described below.
C The Court of Appeal’s finding that the forecast of revenue for the financial year ended 30 June 2004 (the untrue statement) was, at the time of allotment of the shares offered for subscription in the Feltex prospectus, an untrue statement for the purposes of s 56 of the Securities Act 1978, is upheld.
D The Court of Appeal’s findings that the untrue statement did not give rise to liability under s 56 of the Securities Act 1978 and was not in breach of s 9 of the Fair Trading Act 1986 are set aside.
E We find that the untrue statement was in breach of s 9 of the Fair Trading Act 1986.
F The questions of whether plaintiffs represented by the appellant: (i) invested on the faith of the prospectus in terms of s 56 of the Securities Act 1978 and, if so; (ii) suffered any loss by reason of the untrue statement in terms of s 56 of the Securities Act 1978 and, if so, the quantum of such loss; and (iii) are entitled to any remedy under the Fair Trading Act 1986 are left for resolution by the High Court at the stage 2 hearing.
G In all other respects, the appeal in relation to the first to third respondents is dismissed.
H Costs in this Court and the Courts below are reserved. Submissions on costs should be filed and served according to the following timetable: (i) Appellant: 20 working days after the date of this judgment. (ii) First to third respondents: 10 working days after the appellant’s submissions are filed. (iii) Fourth and fifth respondents: 10 working days after the first to third respondents’ submissions are filed. (iv) Appellant in reply: 10 working days after the fourth and fifth respondents’ submissions are filed.
15 August 2018
_________________________________
A The first to third respondents must pay the appellant costs of $30,000 plus usual disbursements.
B Costs in the High Court should be reconsidered by that Court in light of this Court’s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment.
C Costs in the Court of Appeal should be determined in light of this Court’ s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment if the agreement between the parties as to costs in that Court expressly or impliedly allows for such a determination to occur.
22 November 2018
B The appeal in relation to the first, second and third respondents is allowed to the limited extent described below.
C The Court of Appeal’s finding that the forecast of revenue for the financial year ended 30 June 2004 (the untrue statement) was, at the time of allotment of the shares offered for subscription in the Feltex prospectus, an untrue statement for the purposes of s 56 of the Securities Act 1978, is upheld.
D The Court of Appeal’s findings that the untrue statement did not give rise to liability under s 56 of the Securities Act 1978 and was not in breach of s 9 of the Fair Trading Act 1986 are set aside.
E We find that the untrue statement was in breach of s 9 of the Fair Trading Act 1986.
F The questions of whether plaintiffs represented by the appellant: (i) invested on the faith of the prospectus in terms of s 56 of the Securities Act 1978 and, if so; (ii) suffered any loss by reason of the untrue statement in terms of s 56 of the Securities Act 1978 and, if so, the quantum of such loss; and (iii) are entitled to any remedy under the Fair Trading Act 1986 are left for resolution by the High Court at the stage 2 hearing.
G In all other respects, the appeal in relation to the first to third respondents is dismissed.
H Costs in this Court and the Courts below are reserved. Submissions on costs should be filed and served according to the following timetable: (i) Appellant: 20 working days after the date of this judgment. (ii) First to third respondents: 10 working days after the appellant’s submissions are filed. (iii) Fourth and fifth respondents: 10 working days after the first to third respondents’ submissions are filed. (iv) Appellant in reply: 10 working days after the fourth and fifth respondents’ submissions are filed.
15 August 2018
_________________________________
A The first to third respondents must pay the appellant costs of $30,000 plus usual disbursements.
B Costs in the High Court should be reconsidered by that Court in light of this Court’s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment.
C Costs in the Court of Appeal should be determined in light of this Court’ s judgment in Houghton v Saunders [2018] NZSC 74 and this judgment if the agreement between the parties as to costs in that Court expressly or impliedly allows for such a determination to occur.
22 November 2018
Transcripts
- Hearing date 5 April 2017 (PDF, 284 KB)
Media Releases
- MR [2018] NZSC 74 (PDF, 68 KB)
Additional document
Transcript hearing date 5 September 2017 (PDF, 1.4 MB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
HOUGHTON v SAUNDERS & ORS [2017] NZSC 55 (PDF, 113 KB)
Substantive judgment
Supreme court decision
Case name
Michael Kristian Olsen v The Queen
Case number
SC 152/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in rejecting the applicant’s claim of trial counsel error – Whether fresh evidence undermines the safety of the applicant’s conviction. [2016] NZCA 256 CA632/2014
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed. 2 March 2017
B The application for leave to appeal is dismissed. 2 March 2017
Leave judgment - leave dismissed
MICHAEL KRISTIAN OLSEN v R [2017] NZSC 18 2 March 2017 (PDF, 132 KB)
Judgment appealed from
Case name
Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Case number
SC 154/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that compensatory damages for breach of copyright could not be awarded to the applicant. CA 304/2016 [2016] NZCA 554
Result
A notice of abandonment having been lodged, the application for leave to appeal is deemed to be dismissed.
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
Judgment appealed from
Judgment (as to costs)
Case name
Mita Michael Ririnui v Landcorp Farming Limited and The Attorney-General
Case number
SC 47/2015
Summary
Civil appeal – whether the Court of Appeal erred in finding that Landcorp’s entry into an agreement to sell Whārere Farm was not tainted by bad faith – whether the Court of Appeal erred in finding that certain actions of the Office of Treaty Settlements were not justiciable – whether the Court of Appeal erred in its conclusions as to shareholding ministers’ powers to direct Landcorp.[2015] NZCA 160 CA 336/2014; CA 337/2014; CA 29/2015
Result
An order is made that the first respondent, Landcorp Farming Ltd, not proceed with the sale of the Wharere Farm until further order of the Court.
14 May 2015
______________________
A The application for leave to appeal is granted (The Attorney-General v Ririnui [2015] NZCA 160).
B The approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on:
(a) the claimed bad faith on the part of Landcorp;
(b) the acknowledged error of law by the Office of Treaty Settlements in its advice to Landcorp;
(c) the failure of the shareholding Ministers of Landcorp to intervene.
C The first respondent is restrained until further order of the Court from settling the agreement for sale and purchase of Whārere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
D The Registrar is directed to serve a copy of this judgment on the purchaser.
27 May 2015
________________________
A The appeal is allowed in part.
B The following declarations are made:
(i) The decision of Landcorp Farming Limited’s shareholding Ministers and the Minister for Treaty of Waitangi Negotiations not to intervene in the tender process on behalf of Ngāti Whakahemo as they did on behalf of Ngāti Mākino was a wrongful exercise of a public power because it was made under a material mistake.
(ii) The decision by Landcorp Farming Limited on 28 February 2014 to sell Whārere farm to Micro Farms Limited was a wrongful exercise of a public power because it was made under a material mistake.
C All other forms of relief claimed by the appellant are declined.
D The restraining order made by this Court in Order C of its judgment granting leave to appeal (Ririnui v Landcorp Farming Ltd [2015] NZSC 72) is discharged.
E Costs are reserved. The parties may file written submissions as to costs in this Court and in the Courts below if they are unable to reach agreement.
9 June 2016
___________
A The orders of the Court of Appeal as to costs are quashed.
B The parties are to bear their own costs in all Courts.
1 May 2017
14 May 2015
______________________
A The application for leave to appeal is granted (The Attorney-General v Ririnui [2015] NZCA 160).
B The approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on:
(a) the claimed bad faith on the part of Landcorp;
(b) the acknowledged error of law by the Office of Treaty Settlements in its advice to Landcorp;
(c) the failure of the shareholding Ministers of Landcorp to intervene.
C The first respondent is restrained until further order of the Court from settling the agreement for sale and purchase of Whārere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
D The Registrar is directed to serve a copy of this judgment on the purchaser.
27 May 2015
________________________
A The appeal is allowed in part.
B The following declarations are made:
(i) The decision of Landcorp Farming Limited’s shareholding Ministers and the Minister for Treaty of Waitangi Negotiations not to intervene in the tender process on behalf of Ngāti Whakahemo as they did on behalf of Ngāti Mākino was a wrongful exercise of a public power because it was made under a material mistake.
(ii) The decision by Landcorp Farming Limited on 28 February 2014 to sell Whārere farm to Micro Farms Limited was a wrongful exercise of a public power because it was made under a material mistake.
C All other forms of relief claimed by the appellant are declined.
D The restraining order made by this Court in Order C of its judgment granting leave to appeal (Ririnui v Landcorp Farming Ltd [2015] NZSC 72) is discharged.
E Costs are reserved. The parties may file written submissions as to costs in this Court and in the Courts below if they are unable to reach agreement.
9 June 2016
___________
A The orders of the Court of Appeal as to costs are quashed.
B The parties are to bear their own costs in all Courts.
1 May 2017
Transcripts
- Hearing date 26 May 2015 (PDF, 308 KB)
Media Releases
- MR [2016] NZSC 62 (PDF, 265 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Additional document
Supreme Court - order made
Additional document
Transcription hearing 17 - 18 August 2015 (PDF, 1.5 MB)
Case name
Michael Shane Henry Lihou v The Queen
Case number
SC 68/2015
Summary
Criminal Appeal – Appeal against conviction – Appeal against sentence – Application to present new evidence – Whether counsel presented proper defence at trial. [2015] NZCA 227 CA 646/2013
Result
A The application for leave to appeal against the Court of Appeal pre-trial decision ([2013] NZCA 195) is dismissed.
B The application for leave to appeal against the Court of Appeal conviction decision ([2015] NZCA 227) is also dismissed.
30 October 2015
B The application for leave to appeal against the Court of Appeal conviction decision ([2015] NZCA 227) is also dismissed.
30 October 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Dean Michael Vincent v The Queen
Case number
SC 101/2015
Summary
Criminal Appeal –– Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.[2015] NZCA 201 CA 870/2013
Result
The application for leave to appeal is dismissed.
23 February 2016
23 February 2016
Leave judgment - leave dismissed
DEAN MICHAEL VINCENT v R [2016] NZSC 15 23 February 2016 (PDF, 138 KB)
Judgment appealed from
Case name
Michael Kinlim Yan v Commissioner of Inland Revenue
Case number
SC 111/2015
Summary
Civil Appeal – Whether the Employment Court failed to adopt the correct test for bias in respect of dismissal from the Public Service.[2015] NZEmpC 36 ARC 11/14
Result
A The application for leave to appeal is dismissed. B The applicant must pay the respondent costs of $2,500. 9 November 2015
Employment Court decision
Leave judgment - leave dismissed
Case name
Michael John Penman v The Queen
Case number
SC 117/2015
Summary
Criminal Appeal – Whether there was a breach of the New Zealand Bill of Rights Act 1990, ss 25 and 27 – Whether defence counsel failed to adequately follow instructions. [2015] NZCA 364 CA 253/2014
Result
The application for leave to appeal is dismissed.
28 July 2016
28 July 2016
Leave judgment - leave dismissed
MICHAEL JOHN PENMAN v R [2016] NZSC 96 28 July 2016 (PDF, 78 KB)
Judgment appealed from
Page 4 of 10