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
Samuel Tahatu Marsh v The Queen
Case number
SC 19/2007
Summary
Criminal – appeal against conviction and sentence – applicant convicted of discharging an airgun in or near a dwellinghouse or public place (s 48 Arms Act 1983) – whether leave should be granted on a direct appeal from the High Court under s 14 Supreme Court Act 2003 – whether Police search of private bedroom was an unreasonable search and seizure contrary to s 21 New Zealand Bill of Rights Act 1990, where the Bill of Rights issue was not raised in the Courts below – application for leave to appeal out of time. CRI 2006 419 90 21 November 2006
Result
Application for leave to appeal dismissed.
25 June 2007
25 June 2007
Leave judgment - leave dismissed
MARSH v NEW ZEALAND POLICE SC 19/2007 [25 June 2007] (PDF, 15 KB)
Case name
Mark Raymond Creedy v Commissioner of Police
Case number
SC 57/2007
Summary
Summary Civil appeal – employment law – police officer dismissed after a tribunal established under s 12 of the Police Act 1958 found him guilty of a number of misconduct charges – personal grievance proceedings commenced in Employment Relations Authority – whether Court of Appeal erred in finding that unjustifiable dismissal claim was out of time – whether there are “exceptional circumstances” for the purposes of ss 114(4) and 115 of Employment Relations Act 2000 – application of Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 – whether Court of Appeal erred in finding that the actions of the s 12 tribunal could not be attributed to the Commissioner of Police and thus are not open to review in personal grievance proceedings.CA 234/06 24 July 2007
Result
Application for leave to appeal granted.
19 October 2007
_________________________
Appeal dismissed. No order for costs.
23 April 2008
19 October 2007
_________________________
Appeal dismissed. No order for costs.
23 April 2008
Transcripts
- Hearing date 10 March 2008 (PDF, 311 KB)
Media Releases
- mediarelease sc572007 000 (PDF, 78 KB)
Leave judgment - leave granted
Court of Appeal decision
Supreme court decision
Case name
Neil Martin Clarke v New Zealand Police and Others
Case number
SC 58/2007
Summary
y Civil – application to review Registrar’s decision to refuse to accept application for filing – applicant had sought leave to appeal Court of Appeal’s decision that it had no jurisdiction to grant special leave to appeal against a costs decision of an Associate Judge of the High Court – applicant seeking to overturn costs decision in the Court of Appeal.[2007] NZCA 294 CA 226/06 17 July 2007
Result
Application for leave to appeal is dismissed with costs of $1,500 to the second respondent. 9 October 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Miles Davies v New Zealand Police
Case number
SC 83/2007
Summary
Criminal – appeal against Court of Appeal’s decision to confirm award of reparation to a victim for loss of earnings to the extent (20%) it is not compensable under the Injury Prevention, Rehabilitation and Compensation Act 2001 (IPRC Act) – whether sentences of reparation can be characterised as proceedings for damages brought by the victim independently of the IPRC Act (prohibited by s 317(1) of that Act) – whether s 32(5) Sentencing Act 2002 prohibits the ‘topping-up’ of IPRC Act entitlements by sentences of reparation.[2007] NZCA 484 CA 101/07 2 November 2007
Result
Application for leave to appeal granted.
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
Media Releases
- sc 83 2007 davies v new zealand police press release (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
DAVIES v NEW ZEALAND POLICE SC 83/2007 [25 May 2009] (PDF, 107 KB)
Substantive judgment /Media release
Transcript
Judgment appealed from
Case name
Alwyn Keith Caie v The Atttorney-General and The New Zealand Police
Case number
SC 11/2006
Summary
Civil - appeal against decision of Court of Appeal dismissing appellant's appeal against decision of the High Court in which appellant succeeded - application for rehearing - approach to appeal by successful party in the Court below - appeal against reasoning but not findings themselves - whether Court of Appeal erred in restricting the presentation of arguments by the appellant to justiciable issues. CA 108/01 22 December 2005
Result
Leave to Appeal dismissed.
10 March 2006
10 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Timothy Holden Tipple v The Queen
Case number
SC 19/2006
Summary
Criminal – appeal against conviction and sentence for dealing with a firearm with reckless disregard for the safety of others – Arms Act 1983, s 53(3) – whether purposive approach should be taken to interpretation of criminal offences – meaning of “reckless disregard” – whether recklessness has objective component – whether “deals with a firearm” includes supervising third party use of the firearm – admissibility of evidence obtained by police prior to cautioning – whether verdict unreasonable or not supported by the evidence – allegations of bad faith or bias against police and District Court Judge – consequences of amending indictment mid-trial – effect of facts proved at trial on sentencing – Sentencing Act 2002, s 24(1) – whether entitled to discharge without conviction – Sentencing Act 2002, s 106 CA 217/05 22 December 2005
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
TIPPLE v R SC 19/2006 [11 April 2006] (PDF, 17 KB)
Case name
Kevin Jack Ngan v The Queen
Case number
SC 24/2006
Summary
Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21. CRI 2005 054 001296.
3 March 2006
3 March 2006
Result
Leave to Appeal directly to this Court dismissed.
12 June 2006
12 June 2006
High Court decision
Leave judgment - leave dismissed
NGAN v R SC 24/2006 [12 June 2006] (PDF, 22 KB)
Case name
Glen Dallas Goldberg v The Queen
Case number
SC 40/2006
Summary
Criminal – appeal against conviction and sentence for wilfully attempting to pervert the course of justice – appellant wrote letters purporting to be from rape complainants, suggesting that their complaints were false – whether appellant gave counsel instructions to pass the letters on to police – whether Court of Appeal erred in failing to accept breach of solicitor/client privilege – whether Court of Appeal erred in failing to exclude evidence of psychologists in sentencing – whether the Court of Appeal erred in finding sentence not manifestly excessive – conduct of Crown counsel. CA 10/05 4 May 2006
Result
Application for leave to appeal dismissed.
9 August 2006
9 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
GOLDBERG V R SC 40/2006 [9 August 2006] (PDF, 67 KB)
Case name
Moshen Aghabiggi v The Queen
Case number
SC 45/2006
Summary
Criminal – appeal against conviction for sexual violation, attempted rape, and fraud – whether applicant should have been granted an adjournment to call a witness overseas and to allow exploration of potential defence – whether delay in police disclosure of complaint form, and the fact that complainant had not made complaint until later than originally thought, resulted in a miscarriage of justice – whether trial judge erred in directions to jury on defence to third count – whether overall a miscarriage of justice occurred.CA 408/05 31 May 2006
Court of Appeal decision
Leave judgment - leave dismissed
AGHABIGGI v R SC 45/2006 [5 October 2006] (PDF, 16 KB)
Additional document
AGHABIGGI V R SC 45/2006 [17 April 2007] (PDF, 15 KB)
Case name
Wali Javad Allahyai v The Queen
Case number
SC 47/2006
Summary
Criminal – appeal against Court of Appeal judgment, dismissing appeals against conviction and sentence for wounding with intent to cause grievous bodily harm – fresh evidence – whether the Court of Appeal erred by not admitting fresh evidence advanced on appeal to that court – further fresh evidence that should be admitted now – whether there was an unfair trial and appeal due to police conduct. CA 330/04 7 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
ALLAHYAI v R SC 47/2006 [5 October 2006] (PDF, 23 KB)
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