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
Frances Mountier v New Zealand Police
Case number
SC 97/2009
Summary
Criminal Appeal - Whether a local authority can invoke the Trespass Act 1980 in relation to a peaceful protest on an area designated as a road; whether local authority exclusive occupier of land; whether conviction justified under the Act without any findings of fact as to nuisance or obstruction.[2009] NZCA 451 CA 110/2009 1 October 2009
Result
Application for leave to appeal dismissed. 16 December 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
MA v The Attorney General
Case number
SC 106/2009
Summary
Civil – the applicant was granted recognition of status as a refugee in 1996 and New Zealand citizenship in 1997 – in 2001 the applicant was discharged on the offence of making a false statement in his refugee claim – certain documents obtained by the Police in a search of the applicant’ s home were passed to the Refugee Status Branch of the New Zealand Immigration Service – in 2006 notice was given to the applicant of intended determination of revocation of refugee status – whether the Court of Appeal erred in finding that the search of the applicant’s home was lawful – whether the Court of Appeal erred in finding that privilege did not attach to certain communications between the applicant and his refugee advisor – whether the Court of Appeal erred in determining that Police lawfully provided certain documents to the New Zealand Immigration Service.[2009] NZCA 490 CA 565/2007 20 October 2009
Result
Application for leave to appeal is dismissed. 31 March 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Stephen Leslie Jellyman v The Queen
Case number
SC 112/2009
Summary
Criminal Appeal – whether the sentence of preventive detention was manifestly excessive; Whether the appellant’s right to silence and right against self-incrimination were breached by admitting the appellant’ s videotaped statement to police; Whether the complainant, who was intellectually disadvantaged, understood either the oath or the moral or legal consequences of not telling the truth and thereby occasioning a miscarriage of justice; Whether the complainant’s unsworn evidence was admissible.[2009] NZCA 532 CA 6/2009 12 November 2009
Result
Application for leave to appeal dismissed.
12 March 2010
12 March 2010
Leave judgment - leave dismissed
JELLYMAN v R SC 112/2009 [12 March 2010] (PDF, 14 KB)
Case name
Matthew John Birchler v New Zealand Police
Case number
SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83 25 November 2009
Result
Application for leave to appeal granted.
18 March 2010
_____________________________
Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.
Reasons to be given later.
Leave judgment - leave granted
Substantive judgment / Media release
Transcript
Case name
Matini Vaihu v The Attorney-General
Case number
SC 3/2008
Summary
Civil Appeal – New Zealand Bill of Rights Act – Breach – Remedies – Damages – Torture or cruel or degrading or disproportionately severe treatment – Kidney dialysis patient, V, bitten by Police dog – Whether Court of Appeal erred in finding bite inadvertent, not deliberate and lawful, so as to relieve Attorney-General of liability for actions of Police dog under control of handler – Whether bite of innocent bystander by Police dog under control of handler constitutes breach of s 9.[2007] NZCA 574 CA 180/06 13 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
7 April 2008
7 April 2008
Case name
Paul Joseph Cameron v The Queen
Case number
SC 30/2008
Summary
High Court Gisborne CRN 2006 016 00325Criminal appeal – Evidence Act 2006 ss 28, 29 and 30 – admissibility of “scenario evidence” (evidence obtained by an investigative technique whereby police invite a suspect to participate with an undercover police officer in a constructed event designed to simulate criminal activity) – applicant made statements to undercover police officer posing as gang leader that were admitted in Court against him – whether, under s 29(4)(d), a threat, promise or representation must only be taken into account in determining whether a statement was influenced by oppression if it were made by a person in authority – further, whether evidence should be excluded for unreliability or improperly being obtained under s 28 and s 30 respectively.
Leave judgment - leave dismissed
CAMERON v R SC 30/2008 [1 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
1 August 2008
Case name
Deborah Gordon-Smith v The Queen
Case number
SC 32/2008
Summary
Criminal – Appeal by way of case stated – Juries Act 1981 – Challenge under New Zealand Bill of Rights Act 1990, Privacy Act 1993 and Criminal Records (Clean Slate) Act 2004 to legality and fairness of jury-vetting by Police so as to provide Prosecutor with information including, but not limited to, non-disqualifying criminal histories of persons on jury list – Jurisdiction – Leave on same grounds as King v R (SC 18/2008) sought – Jurisdiction issue relevant to King case sole reason for application for leave and to be included as a party to King case.[2008] NZCA 79 CA 207/2007 10 April 2008
Media Releases
- media release gordon smith (PDF, 87 KB)
Substantive judgment
GORDON-SMITH v R SC 32/2008 [23 March 2009] (PDF, 108 KB)
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Dates
25 July 2008 – Application for leave to appeal granted.
______________________
Appeal dismissed.
23 March 2009
Transcription
Hearing date : 3 December 2008
Elias CJ, Blanchard, Tipping, McGrath, Wilson JJ.
Case name
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154 CA 227/07 6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
- Hearing date 2 December 2008 (PDF, 186 KB)
Media Releases
- sc 33 2008 aylwin v new zealandpolice (PDF, 87 KB)
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
Case name
Gail Denise Maney v The Queen
Case number
SC 2/2007
Summary
Criminal – appeal against conviction – application in Court of Appeal to admit fresh evidence – key witness implicating applicant at trial recanting evidence before Court of Appeal on the basis that it had been coerced by Police conduct – witness not considered credible by Court of Appeal – whether retrial ought to be granted in order for credibility of witness to be considered with totality of remaining evidence – application for leave to appeal out of time. CA 244/03 11 August 2005
Result
Application for leave to appeal dismissed. 1 May 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kevin Jack Ngan v The Queen
Case number
SC 5/2007
Summary
Criminal – appeal against conviction – earlier unsuccessful application for leave to appeal directly to Supreme Court (see SC 24/2006) – lawfulness of “inventory searches” – admissibility of evidence obtained through police searches of applicant’s sunglasses pouch and wallet following injury of applicant in car crash – whether Court of Appeal erred in holding that searches both lawful and reasonable and evidence therefore properly admitted. CA 220/06 1 December 2006
Result
Leave to appeal granted. 15 March 2007
Media Releases
- pressreleasengan 000 (PDF, 78 KB)
Leave judgment - leave granted
Substantive judgment
NGAN v R SC 5/2007 [13 December 2007] (PDF, 195 KB)
Judgment appealed from
Transcript
Substantive judgment / Media release
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