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
Malcolm Edward Rabson v Attorney-General
Case number
SC 147/2016
Summary
Civil Appeal – Judicial Review – Whether the High Court Judge erred in striking out the judicial review claim.[2016] NZHC 2876 CIV 2016-485-000149
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
3 March 2017
B Costs of $2,500 are awarded to the respondent.
3 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Fonterra Co-operative Group Limited v McIntyre and Williamson Partnership & Ors
Case number
SC 150/2016
Summary
Civil appeal – s 106 Dairy Industry Restructuring Act 2001 - Whether the Court of Appeal erred in finding that the respondents were “new entrants” for the purpose of s 106 – Whether the Court of Appeal erred in finding that the appellant breached s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents.CA 736/2015 [2016] NZCA 538
Result
A The application for leave to appeal is granted (Fonterra Co Operative Group Ltd v McIntyre and Williamson Partnership [2016] NZCA 538).
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
__________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
__________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
Transcripts
- Hearing date 27 - 28 July 2017 (PDF, 1.1 MB)
Media Releases
- MR [2017] NZSC 197 (PDF, 289 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Case number
SC 154/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that compensatory damages for breach of copyright could not be awarded to the applicant. CA 304/2016 [2016] NZCA 554
Result
A notice of abandonment having been lodged, the application for leave to appeal is deemed to be dismissed.
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
Judgment appealed from
Judgment (as to costs)
Case name
W v The Family Court at North Shore and The Chief Executive of the Ministry of Social Development
Case number
SC 156/2016
Summary
Civil Appeal – Whether the High Court erred in dismissing the applicant’ s application for judicial review of a Family Court Minute discharging a restraining order.CIV 2014-404-001670 [2014] NZHC 2483
Result
A The application for an extension of time to appeal is dismissed.
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Lynda Rose Barry v Francis Carlisle
Case number
SC 157/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in declining an application for specific performance.CA 446/2015 [2016] NZCA 551
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
Court of Appeal decision
Leave judgment - leave dismissed
Case name
NR v MR and others
Case number
SC 3/2015
Summary
Civil Appeal – Whether the Court of Appeal judgment was in breach of the principles of natural justice – Whether the Court of Appeal erred in declining the debarment application – Whether the Court of Appeal erred in declining the disclosure application – Whether the Court of Appeal erred in its award of costs.[2014] NZCA 623 CA 443/2014, CA 456/2014, CA 522/3014, CA 532/2014.
Result
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Leave judgment - leave dismissed
N v M [2015] NZSC 15 27 February 2015 (PDF, 164 KB)
Judgment appealed from
Case name
Maree Howard v Accident Compensation Corporation
Case number
SC 5/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Whether the Court of Appeal erred in dismissing the application for review of the decision of the Registrar of the Court of Appeal not to dispense with or defer payment of security for costs. [2014] NZCA 627 CA 618/2014
Result
A The application for leave to appeal is dismissed. B The applicant must pay costs of $2,500 to the respondent, plus reasonable disbursements. 11 March 2015
____________________________
Application for recall dismissed.
28 April 2015
____________________________
Application for recall dismissed.
28 April 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Ioane Teitiota v The Chief Executive of Ministry of Business Innovation and Employment
Case number
SC 7/2015
Summary
Civil Appeal – Immigration Act 2009, s 245 – Whether the word “Refugee” constitutes and incorporates those who are refugees by way of climate change – Whether the Tribunal erred in its finding that because all people in Kiribati suffer the same results of global warming, that this disqualifies the application from claiming refugee status – Whether the Tribunal failed to consider indirect human agency – Whether the Tribunal failed to consider the relevant international law relevant to the welfare of the applicant’s children – Whether the tribunal erred in failing to consider the children of the applicant separately – Whether the Tribunal erred when it made a finding of fact that the applicant’ s supplies of food and water were adequate.[2014] NZCA 173 CA 50/2014
Result
A The application for leave to adduce further evidence is granted.
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
B The application for leave to appeal is dismissed.
C There is no order for costs. 20 July 2015
Transcripts
- Hearing date : 1 April 2015 (PDF, 433 KB)
Leave judgment - leave dismissed
High Court decision
Transcript
Immigration and Protection Tribunal decision
Case name
Dawn Lorraine Greenfield v Chief Executive of the Ministry of Social Development
Case number
SC 10/2015
Summary
Civil Appeal – New Zealand Superannuation and Retirement Income Act 2001 – Whether the Court of Appeal erred in finding that significant physical presence in New Zealand is required for an applicant to be ‘ ordinarily resident in New Zealand’ within the meaning of the Act – Whether the Court of Appeal erred in its treatment of the applicant’ s intention to resume living in New Zealand.[2014] NZCA 611 CA 351/2014
Result
The application for leave to appeal is granted (Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611). The approved ground is whether the Court of Appeal correctly interpreted the phrase “ordinarily resident in New Zealand” in s 8(a) of the New Zealand Superannuation and Retirement Income Act 2001.
11 May 2015
________________________
Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
11 May 2015
________________________
Appeal dismissed. No order as to costs.
24September 2015
___________________
Application for recall dismissed.
27 October 2015
Transcripts
- Hearing date 20 August 2015 (PDF, 410 KB)
Media Releases
- MR [2015] NZSC 139 (PDF, 250 KB)
Additional document
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Western Park Village Limited, Darryll Lawrenece Heaven, Anne Evelyn Heaven and Trustee Management Limited
Case number
SC 11/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract by allowing the respondent to be paid in New Zealand dollars – Whether the Court of Appeal erred in applying the contract’s penalty interest provision.[2014] NZCA 6340 CA 115/2014
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 May 2015
B The applicants must pay the respondent costs of $2,500.
14 May 2015
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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