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
Ronald Gerald Clark v The Queen
Case number
SC 50/2006
Summary
Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test. CA 479/05 12 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
CLARK V R SC 50/2006 [26 September 2006] (PDF, 16 KB)
Case name
Frank Louis Miessen v The Queen
Case number
SC 59/2006
Summary
Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence – admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution. CA 222/05 6 July 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
MIESSEN V R SC 59/2006 [26 September 2006] (PDF, 15 KB)
Case name
Graham Thomas Rowe v The Queen
Case number
SC 22/2005
Summary
Appeal against conviction for offensive behaviour under s 4(1)(a) of the Summary Offences Act 1981 - whether the appellant's behaviour was sufficiently observable to amount to offensive behaviour - whether the court's finding was possible only with recourse to inadmissible prior conduct evidence - whether the absence of a legitimate purpose may be taken into account in determining whether behaviour is offensive - whether a police officer is a competent complainant in a prosecution for offensive behaviour. CA 374/04 18 April 2005
Result
Leave to appeal dismissed. 23 June 2005
Leave judgment - leave dismissed
ROWE V R SC SC 22/2005 [23 June 2005] (PDF, 15 KB)
Case name
Pimthong Udompun v Minister of Immigration and New Zealand Police
Case number
SC 38/2005
Summary
Bill of Rights - Whether a failure to make a properly qualified interpreter available is a breach of s27(1) NZBORA - Whether the handing to a detainee a form in the detainee's native language setting out her NZBORA rights satisfied her rights under s23(1) - Whether a Baigent's award of $4000 for breach of s23(5) NZBORA is distinctly inadequate in the circumstances - Whether, having established a breach of the NZBORA, the authority concerned should fully meet reasonable indemnity costs and disbursements - Whether award should be with interest from the date of the breach. CA 244/03 26 May 2005
Result
Application for leave to appeal is dismissed. 9 February 2006
Leave judgment - leave dismissed
Transcript
Judgment appealed from
Case name
Allistair Patrick Brooker v The Queen
Case number
SC 40/2005
Summary
Appeal against conviction “ disorderly conduct - whether Court of Appeal applied the correct standard for "disorderly conduct" - s4(1)(a) Summary Offences Act “ right to protest. CA 441/03 24 August 2004
Result
Leave to appeal granted.
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
Transcripts
- Hearing date 7 December 2005 SC 40/2005 (PDF, 362 KB)
Media Releases
- MR [2007] NZSC 30 (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
BROOKER V POLICE SC 40/2005 [4 May 2007] (PDF, 486 KB)
Judgment appealed from
Case name
Vaughn Bennett v The Queen
Case number
SC 16/2004 CRI 16/2004
Summary
Criminal appeal against conviction and sentence for charges of manslaughter and supply of a Class B drug - appellant administered methadone to victim - when a witness may be allowed to refresh his/her memory from statements made to police - when and how a timeline may be presented to a jury - whether a sentence of ten years' imprisonment (with a six year non-parole period) was within the range available to the sentencing judge. CA457/03 23 September 2004
Result
Application for leave to appeal refused.
10 December 2004
10 December 2004
Leave judgment - leave dismissed
Judgment appealed from
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