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.
22 September 2026
Case information summary (as at 18 September 2026) – Cases where leave granted (PDF, 112 KB)
Case information summary (as at 18 September 2026) – Currently unavailable
All years
Case name
Stephen Michael Shone v The Queen
Case number
SC 49/2009
Summary
Criminal appeal – sentencing – whether the decision of the Court of Appeal is consistent with decisions made in comparable cases – whether the Court of Appeal failed to take into account the alleged facilitation of offending by a victim’s mother – whether the sentences imposed were manifestly excessive[2009] NZCA 183 CA 720/2008 14 May 2008
Result
Application to leave to appeal dismissed. 29 July 2009
Leave judgment - leave dismissed
SHONE V R SC 49/2009 29 July 2009 (PDF, 12 KB)
Case name
Victor Stojanovich v The Queen
Case number
SC 62/2009
Summary
Criminal appeal – convictions for sexual violations by rape and unlawful sexual connection – appeal based on conduct of defence counsel and alleged deficiencies in the trial process – whether the appellant was denied the right to a fair trial – whether the Court of Appeal erred in finding that the failure of trial counsel to cross-examine the complainant on inconsistencies between her evidence at trial, her statement to the Police and evidence at first trial did not amount to a miscarriage of justice – whether the Court of Appeal erred in finding that the trial judge’s direction on consent did not amount to a miscarriage of justice.[2009] NZCA 210 CA 427/2008 27 May 2009
Result
Application for leave to appeal dismissed.
27 August 2009
27 August 2009
Leave judgment - leave dismissed
STOJANOVICH V R SC 62/2009 27 August 2009 (PDF, 12 KB)
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and others
Case number
SC 65/2009
Summary
Civil – Whether the Court of Appeal erred in its exercise of discretion declining the application for grant of an extension under r 43 of the Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal was entitled to make that decision in the absence of the applicant or his counsel.[2009] NZCA 255 CA 634/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Costs of $7,500 and disbursements to the respondents. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
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
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
- Hearing date 19 November 2009 (PDF, 504 KB)
Media Releases
- media release rongonui 23 july new release (PDF, 83 KB)
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
Vincent Ross Siemer v Michael Peter Stiassney and Korda Mentha
Case number
SC 69/2009
Summary
Civil Appeal – natural justice – orders were made in the High Court against the applicant, the publisher of several websites, in respect of a defamation claim – whether the High Court judge was correct to allow an amended statement of claim to be filed and proceed to an ex parte hearing on 8 October 2008 – whether the High Court judge erred in awarding the respondent $940,000 in damages plus costs and issuing a permanent injunction against the applicant prohibiting several defamatory publications – whether the High Court judge misrepresented evidence in finding against the applicant.Civ 2005 404 001808 23 December 2009
Result
Notice of abandonment being lodged, the application is deemed to be dismissed
Case name
Kevin Stanton Burdett v The Queen
Case number
SC 73/2009
Summary
Criminal – Appeal against sentence – Sexual offending against girl aged between 12 and 16 years – Whether Court of Appeal erred in fixing starting point of 3.5 years’ imprisonment for a first offender charged with a single act of sexual connection when no tariff decision established for relevant type of sexual offending – Whether Court of Appeal failed to take into account availability of home detention as a sentencing option?[2009] NZCA 366 CA 115/2009 19 August 2009
Result
Application for leave to appeal dismissed. 4 November 2009
Leave judgment - leave dismissed
BURDETT V R SC 73/2009 4 November 2009 (PDF, 34 KB)
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and Ors
Case number
SC 84/2009
Summary
Stay of proceedings.[2009] NZCA 417 CA 634/2008 18 September 2009
Result
Application dismissed. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Michael Wauchop Porter v The Queen
Case number
SC 85/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 255/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Phillip Michael McMaster v The Queen
Case number
SC 91/2009
Summary
Criminal appeal – appeal against convictions for aggravated robbery and unlawfully taking a motor vehicle – whether the Court of Appeal erred in concluding that the evidence of two co-accused was insufficiently cogent to give rise to a miscarriage of justice when the Crown case identifying the applicant as a participant in the offending was reliant on a third co-accused who was motivated to give false evidence to minimise his role in the offending.[2009] NZCA 393 CA 608/2008 9 September 2009
Result
Application for leave to appeal dismissed. 10 February 2010
Leave judgment - leave dismissed
MCMASTER V R SC 91/2009 11 February 2010 (PDF, 9 KB)
Transcript
Judgment appealed from
Case name
Tere Moana Purea V Alan Stanley Perkins and Adrienne Rosemary Perkins
Case number
SC 119/2009
Summary
Civil appeal - Land Transfer Act 1952 – cross-appeal - the respondents sued for specific performance after the appellant failed to settle a house purchase due to a dispute with his daughter (Mrs Tangi-Tuake) over ownership which resulted in her lodging a caveat against the title of the property – whether the Court of Appeal determination that the finding of Asher J on the facts that it was supported by evidence that there was an agreement that in return for Mr Purea’s daughter taking responsibility for the mortgage and any outgoings and maintenance of the property, ownership would be transferred to her on repayment of then mortgage, was erroneous – whether the Court of Appeal erred in failing to consider that Asher J treated his finding of a constructive trust as if it was an express trust and gave no recognition of the Tangi-Tuakes’ interest in the property – whether the Court of Appeal decision is supported by the Tangi-Tuakes’ pleadings and in particular the way in which their pleadings have changed.[2009] NZCA 541 CA 365/2008 18 November 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the 2nd Respondent.
Leave judgment - leave dismissed
Judgment appealed from
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