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
Terrence Austin McFarland v The Queen
Case number
SC 79/2007
Summary
Criminal – appeal against conviction for maiming with intent to cause grievous bodily harm – applicant was unrepresented at trial – amicus curiae appointed without prior notice to the applicant, in his absence, and without his consent – whether the amicus made a substantial error in failing to advise the applicant against calling evidence from the former co-accused – whether the trial Judge erred by misdirecting the jury on the standard of proof and failing to provide directions on the cross-examination and the submissions made to the jury by crown counsel.[2007] NZCA 449 CA 385/06 18 October 2007
Result
Application for leave to appeal dismissed. 5 March 2008
Leave judgment - leave dismissed
MCFARLAND v R SC 79/2007 [5 March 2008] (PDF, 19 KB)
Judgment appealed from
Case name
Bronwyn Estate Limited, Barry’s Car Sales, Patrick Antony Darby v Gareth Russel Hoole and Kevin David Pitfield as receivers of Hillcrest Services Limited (in receivership) and Hillcrest Services Limited
Case number
SC 81/2007
Summary
Civil appeal – costs awarded against applicants for Anton Pillar application – applicants appealed against cost award – whether the Court of Appeal was correct to refuse to dispense with security for costs – whether this decision denies the applicants access to justice by preventing them from continuing with their appeal. CA 133/07 1 November 2007
Result
Application for leave to appeal dismissed . Costs $1,500 to the respondents. 8 February 2008
Leave judgment - leave dismissed
Case name
Kevin Joseph Charles Little v R
Case number
SC 88/2007
Summary
Summary Criminal – appeal against conviction and sentence – murder of baby daughter – whether verdict supportable having regard to the evidence (s 385(1)(a) Crimes Act 1961) – whether admission of expert evidence of geophysicist (animation of applicant’s pre-trial explanation of incident) resulted in a miscarriage of justice – whether minimum non-parole period of 17 years manifestly unjust.[2007] NZCA 491 CA 557/07 9 November 2007
Result
Application for leave to appeal is dismissed.
22 February 2008
22 February 2008
Leave judgment - leave dismissed
LITTLE V R SC 88/2007 [22 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Taunoa and Others v Attorney-General and Another
Case number
SC 6/2006
Summary
Civil - prisoners claims for compensation for mistreatment by the Department of Corrections - whether Department breached the First, Second and Fourth appellants' rights not to be subjected to cruel, degrading, or disproportionately severe treatment or punishment under New Zealand Bill of Rights Act 1990 (" NZBORA"), s 9 - whether Department breached the appellants' right to natural justice under NZBORA, s 27(1) - whether the Department breached the appellants' equivalent rights under the International Covenant on Civil and Political Rights ("ICCPR") and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT") - whether Attorney-General's failure to hold a prompt and impartial investigation of the complaints breached NZBORA, s 9 or CAT or ICCPR - whether Standard Minimum Rules for the Treatment of Prisoners 1955 form part of customary international law - whether Prisoners' and Victims' Claims Act 2005 is inconsistent with NZBORA ss 9, 23(5), 27(1); CAT arts 2, 14, 16; ICCPR arts 10(1), 14, 26 - whether Victims' Special Claims Tribunal is independent and impartial or breaches the principles of separation of powers and equality before the law. CA 82/04 8 December 2005
Result
Leave to Appeal granted.
12 April 2006
_________________________
The appeals are dismissed.
The cross-appeals are allowed to the following extent:
1. The damages awarded to Mr Taunoa are reduced to $35,000.
2. The damages awarded to Mr Robinson are reduced to $20,000.
3. The damages awarded to Mr Kidman are reduced to $4,000.
The cross-appeal in relation to Mr Gunbie is dismissed.
Costs are reserved.
31 August 2007
Leave judgment - leave granted
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Martin Charles Cox v The Queen
Case number
SC 7/2006
Summary
Criminal law - appeal against conviction for assault with intent to commit sexual violation and sexual violation - whether the conduct of the Crown at trial justified the ordering of a new trial - whether the direction to the jury would have left the jury in doubt as to the burden of proof - misdirection on the core issue - approach to questioning in cross-examination that tends to breach solicitor/client privilege - prior consistent statement evidence. CA 240/05 7 December 2005
Result
Leave to Appeal dismissed.
31 March 2006
31 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
COX V R SC 7/2006 [31 March 2006] (PDF, 18 KB)
Case name
Kevin Jack Ngan v The Queen
Case number
SC 24/2006
Summary
Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21. CRI 2005 054 001296.
3 March 2006
3 March 2006
Result
Leave to Appeal directly to this Court dismissed.
12 June 2006
12 June 2006
High Court decision
Leave judgment - leave dismissed
NGAN v R SC 24/2006 [12 June 2006] (PDF, 22 KB)
Case name
Michael David Kidd v Alexander Pieter Van Heeren
Case number
SC 32/2006
Summary
Civil – partial stay of proceedings – principles to be applied in lifting a discretionary stay – whether Court of Appeal erred in stating the test – issue estoppel, forum conveniens, and conflict of laws issues. CA 191/05 23 March 2006
Result
Application for leave to appeal dismissed. Costs $2000 plus disbursements to the respondent.
26 June 2006
26 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
KIDD V VAN HEEREN SC 32/2006 [26 June 2006] (PDF, 94 KB)
Case name
Anthony Kevin Peters v The Queen
Case number
SC 52/2006
Summary
Criminal –application to appeal directly from High Court – applicant tried jointly with co-accused after Court of Appeal allowed appeal by Solicitor-General against severance of trials – legal test to be applied by Court of Appeal in determining appeals against exercise of discretion by trial Court – whether joint trial denied applicant a fair hearing. CRI 2005 –009 – 5245 High Court Christchurch
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Case name
Michael John Jones v The Queen
Case number
SC 65/2006
Summary
Criminal – defendant pleaded guilty on arraignment to counts of assault with a weapon and threatening to kill – whether Court of Appeal erred in dismissing appeal against conviction on the ground of undue delay. CA 27/06 25 July 2006
Result
10 October 2006
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Judgment appealed from
Case name
Kahala Holdings Limited (formerly Nalder & Biddle (Nelson) Limited v C & F Fishing Ltd
Case number
SC 67/2006
Summary
Civil – contract – incorporation of exclusion clauses – whether Court of Appeal erred in finding clauses had not been sufficiently brought to the attention of the respondent – whether Court of Appeal erred in effectively applying a two-stage test to the incorporation of the conditions in question – whether conditions were unusual or onerous in the circumstances. CA 145/05 31 July 2006
Result
Applications for leave to appeal and cross appeal dismissed.
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Leave judgment - leave dismissed
Judgment appealed from
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