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.

19 June 2026

Case information summary (as at 19 June 2026) –  Cases where leave granted (PDF, 89 KB)
Case information summary (as at 19 June 2026)  – Cases where leave to appeal decision not yet made (PDF, 126 KB) 

All years

Case name
Stephen Ross Tebbs v The Queen
Case number
SC 133/2013
Summary
Criminal Appeal – Land Transport Act 1998 – Whether or not the blood sample relied on by the police was taken in accordance with “ normal medical procedure”
Leave judgment - leave dismissed
TEBBS v R [2014] NZSC 16 [5 March 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

5 March 2014

[2013] NZCA 523  CA 160/2013
Case name
CA v The Queen
Case number
SC 148/2013
Summary
Criminal Appeal – Search and Surveillance Act 2012, s 14 – Whether or not the Court of Appeal erred in finding that s 14 of the Search and Surveillance Act 2012 authorises forcible entry by police – Whether or not the Court of Appeal erred in finding the evidence to be admissible.                                                         [2013] NZCA 631  CA 455/2013
Dates

 Application for leave to appeal dismissed.

5 March 2014
Case name
Allan John Todd v The Queen
Case number
SC 10/2012
Summary
Criminal Appeal – Conviction and sentence – Threatening to kill and sexual violation - Whether Court of Appeal correct to dismiss appeal against conviction and sentence – Fair Trial – Police misconduct pre-trial – Right to Counsel – Counsel misconduct at trial – Fresh evidence.CA 265/2004
Dates
Application for leave to appeal dismissed.
16 April 2012.
Case name
Tyson Bennett v The Queen
Case number
SC 18/2012
Summary
Criminal Appeal – Sentencing – Sentencing Act 2002 – Whether the Court of Appeal erred in prioritising punishment over rehabilitation – Whether the Court of Appeal placed disproportionate weight on one of the purposes of sentencing in the Sentencing Act 2002SC 682/2011  [2012] NZCA 44
Dates
Notice of Abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
22 August 2012.
Case name
H v The Queen
Case number
SC 54/2012
Summary
Criminal Law – Appeal Against Conviction – Further Evidence – Whether the Supreme Court should admit further evidence, including evidence from a witness called at trial and evidence from a police interview[2012]NZCA 339  CA  615/2011
Result
A The application for leave to appeal is granted. B The approved ground is whether the Court of Appeal’ s treatment of the affidavit(s) of H’s son, M, was correct. 28 February 2013
Transcripts
Leave judgment - leave granted
H v R SC 54/2012 [28 February 2013] (PDF, 36 KB)
Supreme court decision
NZSC revokes leave to appeal: H v R [2015] NZSC 70 [7 May 2015] (PDF, 86 KB)
Case name
Daniel Brian Thomas Barrie v The Queen
Case number
SC 88/2012
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990, s 23(1)(b) – Right to consult and instruct a lawyer without delay and to be informed of that right – Whether the Court of Appeal erred in excluding foreign lawyers from those who may be consulted by a detainee under s 23(1)(b) of the New Zealand Bill of Rights Act 1990 in the drink/drive context – Whether the Court of Appeal erred in finding that a failure by Police to explain that there is no right to consult a foreign lawyer will not constitute a failure to facilitate the right to counsel provided the opportunity to consult and instruct a New Zealand lawyer had been afforded.[2012] NZCA 485    CA 849/2011
Leave judgment - leave dismissed
BARRIE v THE POLICE SC 88/2012 [15 March 2013] (PDF, 50 KB)
Dates
Application for leave to appeal dismissed.
15 March 2013.
Case name
Te Rangikaiwhiria Kemara v The Queen
Case number
SC 93/2012
Summary
Criminal Appeal – Crimes Act 1961, s 66(2) – Parties to offences – Arms Act 1983, s 45 – Whether the Court of Appeal erred in rejecting the appellants’ submission that the reverse onus in s 45(2) of the Arms Act did not apply to a party to an offence – Whether Police illegality in gathering evidence admitted at the trial should have been taken into account as a mitigating factor in sentencing.    [2012] NZCA 492    CA 363/2012
Result
Application for leave to appeal dismissed.
23 April 2013.
Leave judgment - leave dismissed
SIGNER & ORS V R SC 82/2012 [23 April 2013] (PDF, 75 KB)
Case name
Sst V The New Zealand Police
Case number
SC 99/2012
Summary
Criminal Appeal – Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38 – whether the Court of Appeal erred in finding that the applicant was in custody at the time that the s 38 reports were ordered – whether the Court of Appeal erred in finding that the Judge sufficiently examined the evidence in determining that the applicant was fit to plead.  [2012] NZCA 544   CA394/2012
Dates
Application for leave to appeal dismissed.
26 February 2013.
Case name
VM  v The Queen
Case number
SC 2/2011
Summary
Criminal – Summary Proceedings Act 1957 – validity and scope of search warrants – whether the Court of Appeal erred in upholding the validity of search warrants issued under s 198 of the Summary Proceedings Act 1957; whether the Court of Appeal erred in concluding that s 198 of the Summary Proceedings Act can be used to authorise surveillance on private land – New Zealand Bill of Rights Act 1990 – unreasonable search and seizure – whether the Court of Appeal erred in holding that the police in this case did not breach s 21 of the New Zealand Bill of Rights Act 1990 – Evidence Act 2006 – admissibility of evidence – whether the Court of Appeal erred in its undertaking of the s 30 balancing exercise and in concluding that the evidence in dispute was admissible at trial[2010] NZCA 528  CA 820/2010  19 November  2010
Result
The appeal is allowed in part.  The video surveillance evidence (other than footage of vehicles on Reid Road) is inadmissible against those appellants.  All the other disputed evidence is admissible against them.
2 September 2011.
Leave judgment - leave granted
HAMED and OTHERS v R SC 125/2010 and Others [24 March 2011] (PDF, 84 KB)
Substantive judgment
HAMED v R SC 125/2010 [2 September 2011] (PDF, 551 KB)
Dates

The application for leave to appeal is granted.

The approved grounds are whether the challenged evidence was lawfully obtained under s 198 of the Summary Proceedings Act 1957 or was, alternatively, properly admissible pursuant to s 30 of the Evidence Act 2006.

25 March 2011
Hearing

3 and 4 May 2011

Elias CJ, Blanchard, Tipping, McGrath, Gault JJ.
Case name
SNC v The Queen
Case number
SC 101/2011
Summary
Criminal Appeal – Evidence Act 2006 – Admissibility of evidence “improperly obtained” by police pursuant to a warrantless search – whether the Court of Appeal erred in upholding the District Court Judge’ s decision to admit the evidence in exercise of the balancing test required by subs 30(2) of the Act – whether the Court of Appeal failed to give sufficient weight to and/or erred in its assessment of the listed factors in paras 30(3)(a), (b) and (d) of the Act – whether the Court of Appeal gave too much weight to the importance of the evidence to the case of the prosecution[2011] NZCA 402   CA 191/2010
Dates
Application for leave to appeal dismissed.
18 October 2011.
Page 11 of 16