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.

31 July 2026

Case information summary (as at 31 July 2026) –  Cases where leave granted (PDF, 87 KB)
Case information summary (as at 31 July 2026)  – Cases where leave to appeal decision not yet made (PDF, 131 KB) 

All years

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
Gary Morell v The Queen
Case number
SC 5/2011
Summary
Criminal appeal – Proceeds of Crime Act 1991 – Whether the Court of Appeal erred in holding that the appellant had no interest in the property and thus had no standing to appeal against the proceeds of its sale vesting in Mascot Finance Ltd – Whether the Court of Appeal erred in holding that there was no right of appeal under s 82 of the Proceeds of Crime Act.[2010] NZCA 570  CA 448/2010   30 November  2010
Leave judgment - leave dismissed
MORELL v R SC 5/2011 [19 April 2011] (PDF, 36 KB)
Dates

Application for leave to appeal dismissed.

19 April 2011.
Case name
Vincent Ross Siemer v Michael Heron and others
Case number
SC 6/2011
Summary
Civil Appeal – Procedure – Whether the Court of Appeal’ s holding that there is no automatic right of appeal against a High Court order fixing security for costs is consistent with natural justice – Whether the Court of Appeal addressed the appellant’s arguments – Whether the fact that r 20.13(2) of the High Court Rules was adopted by the Rules Committee has International Covenant on Civil and Political Rights implications.[2010] NZCA 610  CA 190/2010  14 December  2010
Result
The application for leave to appeal is granted. The ground approved is whether leave of the Court of Appeal was required under s 67 of the Judicature Act for the applicant’s appeal against security for costs fixed by order of the High Court or whether appeal was available as of right under s 66 of the Judicature Act.
30 March 2011
_______________________
Appeal dismissed. Costs reserved.
8 November 2011
________________________
Application for recall of judgment of 8 November 2011 is dismissed.
Both applications for costs are dismissed.
9 December 2011
________________________
2nd Application for recall - dismissed.
14 December 2011
________________________
Abuse of process. Dismissed. No further application in relation to [2011] NZSC 133 to be accepted by the Registry.
21 May 2021
Recall judgment
9 December 2011 Recall and costs (PDF, 48 KB)
Transcript
Hearing date : 15 August 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
The Attorney-General and Lindsay Gow v Erin Alice Leigh
Case number
SC 11/2011
Summary
Civil Appeal – Defamation Act 1992 – Absolute Privilege – whether the Court of Appeal erred in holding that the Briefing Paper and oral statements did not form part of the “proceedings in the House of Representatives” and therefore were not protected by absolute privilege[2010] NZCA 624  CA 483/2009 17 December  2010
Result
The application for leave to appeal is granted. The approved ground is whether the communications by Mr Gow to the Minister for the Environment were the subject of absolute privilege.
11 April 2011
___________________
Appeal dismissed.
16 September 2011
Media Releases
Leave judgment - leave granted
ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT AND GOW V LEIGH SC 11/2011 11 April 2011
Substantive judgment
THE ATTORNEY-GENERAL v LEIGH SC 11/2011 [16 September 2011] (PDF, 117 KB)
Transcript

Hearing date : 16 August 2011

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.

 
Substantive judgmen / Media release
Judgment appealed from
Case name
Sherman Limited v Roy Jay Harlow and Nancy Jean Harlow
Case number
SC 12/2011
Summary
Civil – Appeal against a decision of the Court of Appeal overturning the High Court – Restrictive covenants registered against a title to land by the vendors after an agreement of sale and purchase made –Whether the purchaser is obliged to requisition the title where the purchaser objects to the title available from the vendor – Whether, in the absence of requisition, the vendor is entitled to issue a settlement notice and in the absence of compliance with the notice, to cancel the contract.[2010] NZCA 627  CA 785/2009 20 December  2010
Leave judgment - leave dismissed
SHERMAN LIMITED v HARLOW AND ANOR SC 12/2011 [11 April 2011] (PDF, 55 KB)
Dates

Application for leave to appeal dismissed. Costs $2,500 to the respondent.

11  April 2011.
Case name
Maritime New Zealand v Survey Nelson Limited
Case number
SC 14/2011
Summary
Judicial Review – Decision to approve Safe Ship Management Company – Maritime Transport Act 1995 – Maritime Rules – Error of Law – Whether Court of Appeal correct, after finding error of law, to reverse High Court position and grant relief to Survey Nelson Ltd ­– Whether Court of Appeal possessed jurisdiction to reinstate approval where this effectively required the issue of a new approval[2010] NZCA 629   CA 245/2010  21 December 2010
Leave judgment - leave dismissed
MARITIME NEW ZEALAND v SURVEY NELSON LIMITED SC 14/2011 [2 June 2011] (PDF, 71 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay the respondent costs in the sum of $2,500 plus disbursements and other necessary payments, to be fixed if necessary by the Registrar. 

2 June 2011.
Case name
Shirleen Shia Ling Sim v Moncrieff Pastoral Limited
Case number
SC 19/2011
Summary
Civil – Deemed abandonment – Whether Court of Appeal correct to decline application for order granting extension of time to appeal as well as making associated orders – whether leave ought to be granted to adduce new evidence. [2011] NZCA 21   CA 706/2010
Leave judgment - leave dismissed
SIM v MONCRIEFF PASTORAL LIMITED SC 19/2011 [9 May 2011] (PDF, 45 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay the respondent costs in the sum of $2,500.

9 May 2011.
Case name
Idea Services Limited v Phillip William Dickson
Case number
SC 25/2011
Summary
Civil Appeal – Minimum Wage Act 1983 – Definition of ‘ work’ – Whether the Court of Appeal erred in holding that ‘work’ includes time engaged in a ‘sleepover’ – Whether the Court of Appeal erred in holding that the appellant must pay at least the minimum wage rate for each hour of work.[2011] NZCA 14  CA 405/2010
Leave judgment - leave granted
IDEA SERVICES LIMITED v DICKSON SC 25/2011 [19 May 2011] (PDF, 35 KB)
Dates

A  The application for leave to appeal is granted.

B  The approved grounds are:

(a) Whether sleepovers constitute “work” under s 6 of the Minimum Wage Age 1983; and

(b) If so, whether the Act is complied with if an employee’ s average rate of pay over a pay period is not less than the prescribed minimum.

19 May 2011
Case name
Technix Group Limited v Fitzroy Engineering Group Limited
Case number
SC 27/2011
Summary
Civil Appeal – Contract – Lease contained clauses conferring an option to purchase and a right of pre-emption option to purchase process has been triggered but not completed – Whether the Court of Appeal’ s decision to impose its own interpretation of the lease that was in line with business common sense instead of following the plain and ordinary meaning of the lease was a correct application of Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444.[2011] NZCA 17  CA 337/2010
Leave judgment - leave dismissed
TECHNIX GROUP LIMITED V FITZROY ENGINEERING GROUP LIMITED SC 27/2011 [20 May 2011] (PDF, 46 KB)
Dates

Application for leave to appeal  is dismissed.

Costs to the respondent $2,5000 plus disbursements.

20 May 2011.
Case name
Open Country Cheese Company Limited v New Zealand Dairy Workers Union Incorporated
Case number
SC 33/2011
Summary
Civil Appeal – Employment Relations Act 2000 – Applicant’ s parent company sent own employees to operate applicant’s cheese and milk powder plant during lawful strike by members of respondent union employed at plant – Whether parent company employees “employed or engaged” by applicant in breach of s 97(2) of Employment Relations Act.[2011] NZCA 56  CA 687/2009
Leave judgment - leave dismissed
sc 33 2011 open country cheese co ltd v nz dairy workers union incorp leave judgment (PDF, 45 KB)
Dates

Application for leave to appeal dismissed with costs of $2,500 to the respondent.

2 June 2011.
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