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
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 113/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 500    CA 495/2014
Result
Application for leave to appeal dismissed.
10 December 2014
Case name
The Queen v Shivneel Shahil Kumar
Case number
SC 115/2014
Summary
Criminal Appeal – Evidence – Right to refrain from making a statement under s 23(4) of the New Zealand Bill of Rights Act 1990 – Whether admissions made to undercover police officers in holding cell after applicant arrested were actively elicited – Whether evidence obtained in consequence of a breach of ss 23(4) and 24(c) of the New Zealand Bill of Rights Act – Whether evidence obtained unfairly – Whether exclusion of evidence was proportionate to the Police impropriety. [2014] NZCA 489   CA 86/2014
Result
The application for leave to appeal is granted ([2014] NZCA 489).
19 November 2014
______________________
The appeal is dismissed.
6 August 2015
Media Releases
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 116/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 492    CA 249/2014
Result
The application for leave to appeal is dismissed.
Costs of $2,500 are awarded to the respondent. 16 February 2015
Case name
Razdan Rafiq v The Secretary for the Department of Internal Affairs of New Zealand, The Director of the Civil Aviation Authority of New Zealand, The Chief Executive of the Ministry of Business Innovation and Employment, The Commissioner of Police, the
Case number
SC 121/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to dispense with security for costs – Whether the Court of Appeal erred in not granting a stay of proceedings[2014] NZCA 518
Result
The application for leave to appeal is dismissed.
Costs of $2,500 are awarded to the respondent.
20 February 2015
Case name
MTR v The Queen
Case number
SC 123/2014
Summary
Criminal Appeal – Evidence Act 2006 – Whether the evidence ought to be admitted at trial – Whether the evidence was obtained in breach of the Chief Justice’s Practice Note on Police Questioning – The proper manner in which s 30(5) and (6) of the Evidence Act 2006 where there has been a breach of the Practice Note.[2014] NZCA 520 CA404/2014
Result
Application for leave to appeal dismissed.
11 December 2014
Judgment appealed from

[2014] NZCA 520 not available online

Case name
Issac John Chadderton v The Queen
Case number
SC 129/2014
Summary
Criminal Appeal – Birchler v Police [2010] NZSC 109, [2011] 1 NZLR 169 – Whether the Court of Appeal erred by failing to follow the Supreme Court’s decision in Birchler v Police – Whether the Court of Appeal erred in finding that the two detentions were lawful.[2014] NZCA 528  CA  40/2014
Result
The application for deferral of the operation of the disqualification order is dismissed.
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
Case name
Max John Beckham v The Queen
Case number
SC 18/2013
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal wrongly stated and wrongly applied the test for sentence reduction as a remedy for police misconduct amounting to a breach of the New Zealand Bill of Rights Act 1990.[2012] NZCA 603  CA 608/2011
Result
Leave to appeal is granted. The approved ground of appeal is:
Should the appellant have received a reduction in his sentence for the breach of his rights under the New Zealand Bill of Rights Act 1990?  
1 April 2014
_____________
A The application for leave to appeal against conviction is dismissed.
B The appeal against sentence is dismissed.
7 July 2015
Media Releases
Leave judgment - leave granted
Supreme court decision
Transcript

Hearing date : 1 April 2014

Hearing date : 3 and 4 March 2015

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ

Case name
Simon McGrath v New Zealand Police
Case number
SC 25/2013
Summary
Criminal Appeal – Evidence – New Zealand Bill of Rights Act 1990, s 21– Whether the Court of Appeal erred in concluding that the blood sample was taken lawfully and in accordance with normal medical procedures – Whether the Court of Appeal erred in concluding that the blood test was not an unreasonable search and seizure.[2013] NZCA 3  CA 375/2012  CA 463/2012
Dates

Application for leave to appeal dismissed.
8 May 2013.

Case name
James Patrick Gollan v The Queen
Case number
SC 28/2013
Summary
Appeal against conviction and sentence – Crimes Act, ss 55 and 56 – Whether the Court of Appeal erred in finding that there was no basis that the applicant was acting in defence of his home or property under s 55 or s 56 of the Crimes Act – Whether the force used was reasonable - Whether the Court of Appeal erred in finding that the trial judge was correct to not allow a police job sheet to be admitted by putting it to a person who was not the author of it – Whether the Court of Appeal erred in finding that the trial judge was correct to exclude an article from the Police Association journal – Whether the applicant had adequate facilities and opportunities to prepare a defence – Whether District Court judges should be required to minute all decisions relating to rulings within a trial.[2013] NZCA 29   CA580/2012
Leave judgment - leave dismissed
Recall judgment
Dates

Application for leave to appeal dismissed.
11 June 2013.

Case name
FMB   v The Queen
Case number
SC 114/2013
Summary
Criminal appeal – Pre-trial – Cultivation of Cannabis – Misuse of Drugs Act 1975, s 9 – Breach of implied licence by police officer – Trespass – Evidence of cultivation obtained in the course of illegal search of property –Admission of improperly obtained evidence under Crimes Act 1961, s 379AB – Whether Court of Appeal correctly concluded that exclusion of the improperly obtained evidence would be disproportionate to the impropriety given the moderately serious breach of applicant’s rights and seriousness of the offending – Whether Court of Appeal correctly took into account the maximum penalty for the offence rather than the likely penalty the applicant would receive in their assessment of whether the offending was serious – Evidence Act 2006, s 30 – Admission of evidence is a substantial miscarriage of justice. [2013] NZCA 258   CA 66/2013
Dates

 Application for leave to appeal is dismissed.

26  November 2014.