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
Trustee Executors Limited v Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 15/2006
Summary
Civil - allotment of participatory securities - 'payment' of minimum amount within 4 months of registered prospectus - whether the tender and acceptance of a cheque on terms that it be held and its value offset against the amount payable to its drawer on settlement can "be deemed to have been paid" within the meaning of Securities Act 1978, s 37(2)(a) - whether statutory supervisor owes common law duty of care in addition to duty to exercise reasonable diligence imposed by statutory implication and Deed of Participation - whether a duty as trustee of funds received pursuant to an offer of securities can be imposed in addition to an express duty as statutory supervisor - whether exclusion clause in Deed of Participation can exclude liability except for breach of the statutory implied duty to exercise reasonable diligence - whether negligent or inadvertent breach of trust can amount to (equitable) fraud for the purposes of Limitation Act 1950, s 28. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 17/2006
Summary
Civil - allotment of participatory securities - numerous causes of actions brought against respondents alleging, among other things, an allotment in breach of Securities Act 1978, s 37(2), and issuing a prospectus containing untrue statements in breach of Securities Act 1978, s 56 - causes of action struck out as an abuse of process, being time barred pursuant to the Limitation Act 1950 - whether the doctrine of “reasonable discoverability” should apply to all causes of action. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Substantive judgment
Leave judgment - leave granted
Judgment appealed from
Case name
Anthony Keith Peters v The Queen
Case number
SC 23/2006
Summary
Criminal law - appeal against order by Court of Appeal that there be a joint trial of applicant and another - whether trials of two accused on one count of murder should be severed - right to a fair trial - whether discretion of trial judge should have been interfered with - duty of Court of Appeal to give reasons - whether this Court has jurisdiction to hear an appeal against a pre-trial determination by the Court of Appeal. CA 430/05 22 March 2005CA
Result
Leave to Appeal dismissed.
7 June 2006
7 June 2006
Leave judgment - leave dismissed
Peters V R SC 23/2006 [7 June 2006] (PDF, 16 KB)
Case name
Peter Mana McNamara v The Queen
Case number
SC 33/2006
Summary
Criminal – appeal against conviction – sexual offending – complainant protected by Evidence Act 1908, s 23A – complainant’ s credibility in issue – Crown Prosecutor addressed complainant’s sexual experience and reputation in submissions – defence unable to respond to those submissions without leave – whether the submissions breached the spirit and intent of s 23A – whether the trial Judge failed to adequately direct jury not to accept or to ignore the submissions CA 310/05 11 April 2006
Result
Application for leave to appeal dismissed.
29 June 2006
29 June 2006
Leave judgment - leave dismissed
MCNAMARA V R SC 33/2006 [29 June 2006] (PDF, 15 KB)
Case name
Alistair James Haskett v The Queen
Case number
SC 34/2006
Summary
Criminal – appeal against conviction for driving at a speed exceeding 100 kilometres per hour – use of speed camera image as evidence of offence – whether production of image purporting to be taken by approved vehicle surveillance equipment is sufficient evidence to prove offence – requirements for testing and accuracy of approved vehicle surveillance equipment – Land Transport Act 1998, ss 145, 146 CA 261/05 30 March 2006
Result
Application for leave to appeal dismissed.
3 July 2006
3 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
HASKETT v R SC 34/2006 [3 July 2006] (PDF, 20 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
James Charles Morris Parlane v Waipa District Council
Case number
SC 53/2006
Summary
Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05 6 July 2006
Result
Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Myles James de Montalk v The Queen
Case number
SC 71/2006
Summary
Criminal – application for leave to appeal out of time – whether Court of Appeal’s alleged refusal to disclose evidence was tainted by racial, religious, or ethnical bias – whether Court of Appeal thereby in breach of New Zealand Bill of Rights Act 1990, s 25(a).CA 11/04 27 June 2006
Result
Application for leave to appeal dismissed.
18 October 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
David James Thomas Watt v The Queen
Case number
SC 86/2006
Summary
Summary Criminal – appeal against conviction – criminal breach of trust – applicant was trustee and executor of an estate – applicant billed estate and paid himself out of estate funds – finding that applicant knew he was not entitled to be paid – sentenced to 15 months’ imprisonment – whether Court of Appeal erred in upholding conviction. CA 131/06 17 October 2006
Result
Application for leave to appeal dismissed.
30 July 2007
Judgment appealed from
Leave judgment - leave dismissed
Case name
Wayne Peter Hitchings v The Queen
Case number
SC 98/2006
Summary
Criminal – appeal against conviction – whether material acquired by the Crown was evidence “going to rebut notified alibi defences and therefore not disclosable” or whether it was material that would assist the defence and therefore disclosable as of right – whether failure to disclose the evidence prejudiced the defence preparation for trial – whether Court of Appeal erred in finding that applicant would have had difficulty presenting two alibi defences, when the underlying argument was that the applicant was at home at the relevant time – whether evidence was inconsistent with this defence – whether trial was unfair. CA 519/05 27 November 2006
Result
Application for leave to appeal dismissed. 9 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Judgment appealed from
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