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
Jarod Peter Hester and others v The Commissioner of Inland Revenue
Case number
SC 2/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities. CA 6/04 14 December 2004
Result
Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005
3 May 2005
Transcripts
- Hearing date 21 April 2005 (PDF, 127 KB)
Leave judgment - leave dismissed
Judgment appealed from
Case name
James Alfred Hood, Robert George Hood, Kenneth John Hood v The Attorney-General and The Queenstown Lakes District Council
Case number
SC 11/2005
Summary
Civil appeal - land compulsorily acquired for public works no longer required - whether unreasonable or unfair to offer land back under s 40(2) Public Works Act 1981 - decision made by Minister other than the Minister empowered by statute - whether decision validated by s 25(e) Acts Interpretation Act 1924. CA 257/04 21 October 2004
Result
Leave to appeal declined. Costs to respondents $2,500 together with disbursements as settled by the Registrar.
5 August 2005
5 August 2005
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Peterson Portable Sawing Systems Ltd & Carl James Peterson v Rex Cameron Lucas & G W Lucas & Sons Pty Ltd
Case number
SC 14/2005
Summary
Civil appeal - Patents Act 1953 - whether the Court adopted the correct principles for the construction of the patent specification - whether the Court applied the proper test for assessing obviousness and made the appropriate distinction between novelty and obviousness - proper application of the Windsurfing International Inc v Tabur Marine (Great Britain) Ltd [1985] RPC 59 analysis. CA 64/03 4 March 2005
Result
Leave to appeal granted.
25 July 2005
_________________
The appeal is allowed.
30 March 2006
25 July 2005
_________________
The appeal is allowed.
30 March 2006
Transcripts
- Hearing date 21 July 2005 (PDF, 108 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Peter Neil Campbell v The Superintendent, Wellington Prison
Case number
SC 21/2005
Summary
Habeas Corpus - whether an order made by the Parole Board under s107 Parole Act 2002 that the appellant not be released until 3 months prior to his sentence expiry date was rendered unlawful by a failure to comply with the statutory procedural requirement of s107 Parole Act to review this decision, and other procedural requirements - whether, and to what extent, the New Zealand Bill of Rights Act effects these issues - whether subsection (8) of s107 Parole Act is dominant to subsection (6). CA 3/05 14 February 2005
Result
Leave to appeal dismissed.
5 May 2005
5 May 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Joseph Thompson v The Queen
Case number
SC 25/2005
Summary
Substitution of convictions by an appellate court - whether the elements of s246(1) Crimes Act (before amendment) go beyond those contained in s229A Crimes Act (now repealed). CA 404/04 27 April 2005
Result
Leave to appeal dismissed.
23 August 2005
23 August 2005
Leave judgment - leave dismissed
THOMPSON V R SC SC 25/05 [23 August 2005] (PDF, 19 KB)
Judgment appealed from
Transcript
Case name
Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen
Case number
SC 55/2005
Summary
Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause. CA 266/04 15 August 2005
Result
Leave to appeal refused. 3 November 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
James Bryson v Three Foot Six Limited
Case number
SC CIV 24/2004
Summary
Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label. CA 246/03 12 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 22 February 2005 _____________________ New Zealand Council of Trade Unions granted Intervener status. 14 March 2005 ______________ Business New Zealand granted Intervener status. 16 March 2005 __________________________ The appeal is allowed. The decision of the Employment Court is restored. Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions. 16 June 2005 ___________________________ Judgment of the Court on Costs issued. 10 August 2005
Transcripts
- Hearing date 8 April 2005 CIV 24_2004 (PDF, 233 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Matthew James Tehau Teepa
Case number
SC CRI 9/2004
Summary
Criminal appeal against sentence - whether minimum term of imprisonment of 4 years excessive on basis of failure to recognise again the relevant mitigating factors. CA79/04 24 July 2004
Result
Leave to appeal refused 14 October 2004
Leave judgment - leave dismissed
TEEPA V R SC SC CRI 9/2004 [14 October 2004] (PDF, 16 KB)
Judgment appealed from
Case name
Peter Francis Urbani v Gillions and Sons Limited
Case number
SC 2/2004
Summary
Civil appeal - standard to be applied by Court of Appeal in appeals from findings of fact whether the Court of Appeal should evaluate the relevant evidence and reach and express its own conclusions. CA 56/03 1 April 2004
Result
Leave to appeal refused.
15 July 2004
_________________________
Decision on costs.
17 August 2004
15 July 2004
_________________________
Decision on costs.
17 August 2004
Transcripts
- Hearing date 13 July 2004 (PDF, 111 KB)
Court of Appeal decision
Leave judgment - leave dismissed
Additional document
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