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
New Zealand Exchange Limited v Bank of New Zealand, Access Brokerage Limited (in liquidation) and Deloitte Touche Tohmatsu
Case number
SC 13/2008
Summary
Civil – appeal from strike-out application – second respondent in liquidation, first and third respondents brought actions against NZX in contract and tort - whether the Court of Appeal was correct to conclude that NZX owes personal duties of care to individual clients or to individual brokers, to protect each of them from economic loss due to broker’s dishonesty or negligence in relation to client funds held on trust – whether the Court of Appeal was right to find that the breach of such a duty (if owed) is sufficiently legally causative of loss – whether the Court of Appeal was correct in holding that the Securities Commission is the “primary regulator” of the New Zealand Stock Exchange, and not NZX.2008] NZCA 25 CA236/06 22 February 2008
Leave judgment - leave dismissed
Transcript
Case name
Ngai Tahu Properties Limited v Central Plains Water Trust and Canterbury Regional Council
Case number
SC 15/2008
Summary
Civil – Resource Management Act 1991 (RMA) – competing resource consent applications to take (and use) water from a finite natural resource – whether the Court of Appeal majority assessed the priority of claims correctly – whether the “ready for notification” test should apply in such cases – how a consent authority decision not to proceed with notification under s 91 RMA should affect priority of claims.[2008] NZCA 71 CA69/07 19 March 2008
Result
Application for leave to appeal granted. 24 June 2008
_________________
Interim decision released
26 March 2009
______________
Notice of Abandonment being lodged the appeal is deemed to be dismissed.
2 June 2009
_________________
Interim decision released
26 March 2009
______________
Notice of Abandonment being lodged the appeal is deemed to be dismissed.
2 June 2009
Leave judgment - leave granted
Additional document
Transcript
Case name
Media 1 Limited v N W Shanks and Wilson McKay Trustee Company and ors
Case number
SC 16/2008
Summary
Civil – validity of termination of lease – whether notice of termination of lease was sufficiently clear and unambiguous as to how and when the termination would operate and what steps were required by the other party to prevent the termination – whether the Court of Appeal was right to assume that the phrase in the notice “pursuant to its rights” was an invocation of the termination provisions of the lease – whether the reaction of the recipient and their legal advisors to the notice was relevant to the interpretation of the validity of the notice.[2008] NZCA 77 CA292/07 5 March 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2,500 to the respondent.
7 May 2008
Case name
Shaun Antony King v The Queen
Case number
SC 18/2008
Summary
Criminal – appeal by way of case stated – Juries Act 1981 – applicant challenges the legality and fairness of jury-vetting, under the New Zealand Bill of Rights Act 1990, the Privacy Act 1993 and the Criminal Records (Clean Slate) Act 2004 – whether controls should operate over prosecution use of information including, but not limited to, the criminal history of a potential jury member – whether disclosure by the prosecution to the defence should be required in relation to such information.[2008] NZCA 79 CA 207/2007 10 April 2008
Leave judgment - leave granted
GORDON-SMITH v R SC 32/2008 [25 July 2008] (PDF, 48 KB)
Transcript
Case name
Big River Paradise Limited v Robin Lance Congreve and others
Case number
SC 21/2008
Summary
Civil Appeal - restrictive covenants – whether the Court of Appeal erred in concluding that the applicant’s proposed development would be a subdivision for the purpose of a restrictive covenant - whether the word “subdivision” in the restrictive covenant should be interpreted with reference to the definition of “subdivision of land” in the Resource Management Act 1991 – whether restrictive covenants should be interpreted purposively – whether the Court of Appeal correctly determined the purpose of the restrictive covenant in this case[2008] NZCA 78 CA 135/06 9 April 2008
Leave judgment - leave dismissed
Dates
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
20 June 2008.
Case name
Mark Moncrieff Stevens and others v Premium Real Estate Limited
Case number
SC 23/2008
Summary
Civil Appeal – Breach of fiduciary duty and Fair Trading Act 1986 – Damages – Advertising and sale of residential property where absence full disclosure by agent to principal of close, ongoing commercial relationship with purchaser – Whether Court of Appeal erred in quantification of damages assessment, including whether correct measure of loss includes profit made by third party (rather than fiduciary) as result of breach of fiduciary duty.[2008] NZCA 82 CA 31/07 11 April 2008
Result
Leave to appeal and cross appeal granted.
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
Transcripts
- Hearing date 13 November 2008 (PDF, 254 KB)
Media Releases
- media release (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Recall judgment
Case name
I A Campbell, J Hughes and S C Biss v Craggy Range Vineyard Limited
Case number
SC 26/2008
Summary
Civil Appeal – contract interpretation – agreement for sale and purchase of land - whether the respondent could rely on post-contractual events when interpreting contract – whether a grant of a second water right to the respondent gave rise to a separate liability for payment given the grant was obtained after the respondent had declared the clause relating to water rights to be satisfied.[2008] NZCA 96 CA 254/07 CA 462/07 24 April 2008
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
Case name
M v The Queen
Case number
SC 27/2008
Summary
Criminal – Appeal against conviction and sentence – Sexual offending – Evidence admissibility – Sentencing – Reparation – Whether, given substantial payment of reparation to complainant, Court of Appeal erred in holding sentence of five and a half years imprisonment not excessive – Whether Court of Appeal erred in holding admission of video interview evidence did not give rise to miscarriage of justice.[2008] NZCA 112 CA 540/07 5 May 2008
Leave judgment - leave dismissed
M v R SC 27/2008 [17 July 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
17 July 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
Jonathan John Edward Belcher v The Queen
Case number
SC 34/2008
Summary
Criminal – appeal against conviction – indecent assault and sexual violation – whether the Court of Appeal was correct to find that the trial Judge did not need to dismiss the jury when the appellant alleged he knew a juror – whether the Court of Appeal was right in holding that there was evidence to convict.
Leave judgment - leave dismissed
BELCHER v R SC 34/2008 [27 March 2009] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
27 March 2009
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