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
New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Case number
SC 48/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131 CA570/2014
Result
A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
Transcripts
- Hearing date 17 October 2016 (PDF, 601 KB)
Media Releases
- MR [2017] NZSC 111 (PDF, 310 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Case number
SC 51/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90. [2016] NZCA 151 CA173/2015
Result
A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
AN v Counties Manukau District Health Board
Case number
SC 56/2016
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal erred in not granting habeas corpus – Whether the Court of Appeal erred by making a costs award against the applicant – Whether the Court of Appeal erred by suppressing the applicant’s name.[2016] NZCA 226 CA133/2016
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 20 June 2016
B There is no order for costs. 20 June 2016
Leave judgment - leave dismissed
Recall judgment
High Court decision
Judgment appealed from
Case name
B v Waitemata District Health Board
Case number
SC 60/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that the respondent’s smoke-free policy did not breach the applicant’ s rights under the Bill of Rights Act 1990. [2016] NZCA 184 CA524/2013
Result
A The application for leave to appeal is granted in part (B v Waitemata District Health Board [2016] NZCA 184).
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
B Costs are reserved.
25 August 2016
_______________________
A The appeal is dismissed.
B There is no order as to costs.
14 June 2017
Transcripts
- Hearing date 16 November 2016 (PDF, 533 KB)
Media Releases
- MR [2017] NZSC 88 (PDF, 260 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
ASG v Harlene Hayne
Case number
SC 61/2016
Summary
Civil appeal – Criminal procedure Act, s 200 – Whether the Court of Appeal erred in its interpretation of "publication" under s 200 – Was information relied on by the employer obtained contrary to an order made under s 200 and if so, does it matter. [2016] NZCA 203 CA703/2014
Result
A Leave to appeal is granted (ASG v Hayne [2016] NZCA 203)
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
B The approved questions are:
(i) Did the disclosure to the respondent of information relating to the applicant’s appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
___________
A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017
Transcripts
- Hearing date 8 February 2017 (PDF, 301 KB)
Media Releases
- MR [2017] NZSC 59 (PDF, 266 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Camille Iriana Thompson v The Attorney-General
Case number
SC 63/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to New Zealand Bill of Rights Act 1990 compensation in relation to judicial acts. [2016] NZCA 215 CA590/2014
Result
A The application for leave to appeal is dismissed.
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Case number
SC 65/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement. [2016] NZCA 241 CA750/2014
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
30 August 2016
B The applicants are to pay the respondents costs of $2,500
30 August 2016
Leave judgment - leave dismissed
HC judgments
Case name
Olivia Waiyee Lee v Whangarei District Council
Case number
SC 68/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of the limitation provisions of the Building Act 2004 and Weathertight Homes Resolution Services Act 2006.[2016] NZCA 258 CA656/2015
Result
A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
Transcripts
- Hearing date 19 October 2016 (PDF, 425 KB)
Media Releases
- MR [2016] NZSC 173 (PDF, 258 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Case number
SC 69/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. [2016] NZCA 204 CA358/2015
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
26 August 2016
B The applicants are to pay the respondents costs of $2,500
26 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Derek Peter Wheeldon and Carol Ann Wheeldon, Anthony John Butcher and Ruth Barbara Rogers, Larry Lawrence Small and KM Trustees Services Limited, Ivor Anthony Millington and Neville Eade v Body Corporate 342525
Case number
SC 70/2016
Summary
Civil Appeal –– Whether the Court of Appeal erred in its interpretation of s 138(1)(d) of the Unit Titles Act 2010 – Whether the Court of Appeal erred in its interpretation of s 49(1) of the Building Act 2004 – Whether the Court of Appeal erred in its interpretation of the Building Code. [2016] NZCA 247 CA290/2015
Result
A The application for leave to appeal is dismissed B The applicants are to pay the respondent costs of $2,500.
14 September 2016
14 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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