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
Civil Appeal - Application for leave to appeal
A notice of abandonment having been filed, the application for leave to appeal is abandoned 26 September 2025
Criminal Appeal - Application for leave to bring an appeal
The application for leave to appeal is dismissed.
11 November 2025
Civil Appeal - Application for leave to bring an appeal
A The application for leave to adduce further evidence is
dismissed.
B The application for leave to file submissions in reply on the
above application is dismissed.
C Costs are reserved.
15 October 2025
_________________________________________________
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent one set of costs of $2,500.
21 November 2025
Criminal Appeal - Application for leave to bring an appeal
A notice of abandonment having been filed, the application for leave to appeal is abandoned
21 July 2026.
19 March 2024
B The applicant must pay the second, third and fifth respondents one set of costs of $1,250 and the fourth respondent costs of $1,250.
30 April 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
- Hearing date 29 30 April 2025 Appellant submissions (PDF, 2.6 MB)
- Hearing date 29 30 April 2025 First respondent submissions (PDF, 561 KB)
- Hearing date 29 30 April 2025 Second respondent submissions (PDF, 965 KB)
- Hearing date 29 30 April 2025 Intervener submissions (HRC) (PDF, 301 KB)
- Hearing date 29 30 April 2025 Intervener submissions (ADL) (PDF, 450 KB)
- Hearing date 29 30 April 2025 Transcript (PDF, 1.1 MB)
- Hearing date 29 30 April 2025 Case Synopsis (PDF, 487 KB)
- MR [2025] NZSC 188 (PDF, 357 KB)
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
- Hearing date 29 30 April 2025 Appellant submissions (PDF, 5.7 MB)
- Hearing date 29 30 April 2025 First respondent submissions (PDF, 1010 KB)
- Hearing date 29 30 April 2025 Second respondent submissions (PDF, 965 KB)
- Hearing date 29 30 April 2025 Intervener submissions (HRC) (PDF, 301 KB)
- Hearing date 29 30 April 2025 Intervener submissions (ADL) (PDF, 450 KB)
- Hearing date 29 30 April 2025 Transcript (PDF, 1.1 MB)
- Hearing date 29 30 April 2025 Case Synopsis (PDF, 487 KB)
- MR [2025] NZSC 188 (PDF, 357 KB)
B The application for leave to appeal is dismissed.
C The applicant must pay the second, third and fifth respondents one set of costs of $1,250 and the fourth respondent costs of $1,250.
30 August 2024
13 August 2024