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.

17 August 2026

Case information summary (as at 17 August 2026) –  Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 August 2026)  – Cases where leave to appeal decision not yet made (PDF, 128 KB) 

All years

Case name
West Coast Ent Incorporated v Buller Coal Limited, Soli Energy New Zealand Limited, Royal Forest and Bird Protection Society of New Zealand Incorporated.
Case number
SC 75/2012
Summary
Civil Appeal – Supreme Court Act 2003, s 14 – Declarations sought in the Environment Court as to whether the effect of the combustion of coal, extracted from particular mining proposals, on climate change is a relevant consideration under s 104(1)(a) of the Resource Management Act 1991 – Matter heard by Environment Court and High Court – All parties agree to an appeal straight to the Supreme Court – Whether there are exceptional circumstances justifying leave to appeal directly to the Supreme Court from the High Court.[2012] NZHC  2156   CIV 2012 409 972
Result
Leave to appeal direct to this Court, against the High Court’s judgment, is granted.  The approved ground of appeal is whether, under s 104(1)(a) of the Resource Management Act 1991, the decision-makers in the consent proceedings were required or able to have regard to the effects on climate change of discharge of greenhouse gases arising from end use of coal that will be extracted if consent is upheld.
28 November 2012
________________
The appeal is dismissed.
Costs are reserved.
19 September 2013
Transcripts
Media Releases
Substantive judgment
WEST COAST ENT INCORPORATED v BULLER COAL LIMITED [2013] NZSC 87 [19 September 2013] (PDF, 410 KB)
Supreme court decision
costs: WEST COAST ENT INCORPORATED v BULLER COAL LIMITED [2013] NZSC 133 [2 December 2013] (PDF, 65 KB)
Case name
Kyung Yup Kim v The Prison Manager, Mt Eden Corrections Facility
Case number
SC 80/2012
Summary
Civil Appeal – Habeas corpus – Applicant remanded in custody until his eligibility for surrender under s 24 of the Extradition Act 1999 has been determined – Whether the Court of Appeal erred by failing to take into consideration the right to life and the right not to be subjected to torture under ss 8 and 9 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred by failing to give authorities from New Zealand and the United Nations Human Rights Committee the intensive scrutiny they warranted – Whether the lawfulness of the application to extradite the applicant is a matter capable of summary determination in a habeas corpus application – Whether challenges to the applicant’s status as an “extraditable person” are a matter capable of summary determination in a habeas corpus application.   [2012] NZCA 471  CA 637/2012
Result

Leave to appeal is granted.

The approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.

16 November 2012

_____________________________

The appeal is dismissed. No order for costs.

20 December 2012
Transcript
Hearing date : 10 December 2012
Case name
Malcom Rabson v Andrew Croad and Christine Margaret Dunphy
Case number
SC 85/2012
Summary
Civil Appeal – Jurisdiction – Whether the Supreme Court has jurisdiction to hear an appeal against a Court of Appeal decision to dismiss recusal applications after the substantive proceedings have been determined.  CA 289/2011
Result
Application for leave to appeal dismissed.
Costs to respondent $1,500 plus reasonable disbursements.
19 February 2013.
Leave judgment - leave dismissed
RABSON v CROAD SC 85/2012 [19 February 2013 (PDF, 61 KB)
Case name
M v Minister of Immigration
Case number
SC 89/2012
Summary
Civil Appeal – Immigration – Bill of Rights Act 1990 ss 9, 19 – whether the Court of Appeal erred in striking out the applicant’ s case for being out of time – whether the Court of Appeal erred in finding that there was no stand alone right to family life entitling the applicant, as a person currently applying for refugee status or for recognition as a protected person under the immigration Act 2009 but not holding permanent residence, to visits from his family – whether the Court of Appeal erred in finding that the Immigration Service’s refusal to allow the applicant’ s wife and child (residing in Australia) to visit him in New Zealand was not cruel, degrading or disproportionately severe treatment under s 9 of the Bill of Rights – whether the Court of Appeal erred in finding that the Immigration Service’s decision not to extend its family reunification policy to family members of asylum seekers wanting entry into New Zealand was not in breach of the prohibition of discrimination on the grounds of “ethnic or national origins” under s 19 of the Bill of Rights. [2012] NZCA 489    CA 587/2011
Result
Application for leave to appeal dismissed.
Costs $2,500 plus disbursements to the respondent.
4 March 2013.
Leave judgment - leave dismissed
M v MINISTER OF IMMIGRATION SC 89/2012 [4 March 2013] (PDF, 56 KB)
Case name
New Zealand Post Limited v Postal Workers Union of Aotearoa Incorporated  and Linda Street
Case number
SC 91/2012
Summary
Employment – Holidays Act 2003, s 9(1)(b)(ii) and (3) – Whether Court of Appeal erred in its interpretation of “relevant daily pay” – Whether unrostered overtime for postal delivery workers is to be included in the calculation of relevant daily pay as payments that “would have otherwise been received” – In which circumstances is the application of the “averaging formula” triggered.  [2012] NZCA 481   CA 327/2011
Result
Application for leave to appeal dismissed.
Costs $2,500 plus reasonable disbursement s to the respondent.
13 March 2013.
Leave judgment - leave dismissed
NEW ZEALAND POST LIMITED v POSTAL WORKERS UNION OF AOTEAROA INCORPORATED SC 91/2012 [13 March 2013] (PDF, 59 KB)
Case name
Greenpeace of New Zealand Incorporated
Case number
SC 97/2012
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a contentious or political purpose could not be a charitable purpose – Whether the Court of Appeal erred in holding that purposes or activities carried on by the charity or its representatives or agents that are illegal or unlawful preclude charitable status even if only minor or ancillary.[2012] NZCA 533      CA 333/2011
Result
Leave to appeal is granted on the following ground:
Were the views expressed by the Court of Appeal in its judgment [2012] NZCA 533 at [55]-[68] and [96]-[97] of its reasons correct?
8 March 2013
____________________
A The appeal against the Court of Appeal’s determination that a political purpose cannot be a charitable purpose is allowed.
B The appeal against the Court of Appeal’ s determination that purposes or activities that are illegal or unlawful preclude charitable status is dismissed.               
C The matter of the charitable status of the objects of Greenpeace of New Zealand Inc is remitted to the chief executive of the Department of Internal Affairs and the Charities Board for reconsideration in light of this decision.
D No order for costs is made.
6 August 2014
Transcripts
Media Releases
Leave judgment - leave granted
RE GREENPEACE OF NEW ZEALAND INC SC 97/2012 [8 March 2013] (PDF, 7 KB)
Supreme court decision
RE GREENPEACE OF NEW ZEALAND INCORPORATED [2014] NZSC 105 [6 August 2014] (PDF, 360 KB)
Case name
The New Zealand Māori Council and Waikato Rivers and Dams Claims Trust v Her Majesty’s Attorney-General, The Minister of Finance and The Minister of State Owned Enterprises
Case number
SC 98/2012
Summary
Civil Appeal – Application for direct appeal – Whether the High Court was right to dismiss the New Zealand  Māori Council’ s application for review. [2012] NZHC 3338 Civ 2012 485 2187
Result
Leave to appeal, and to appeal direct to this Court, is granted. The approved ground of appeal is whether the High Court was right to dismiss the application for review.
_____________________
Appeal dismissed. No order as to costs.
27 February 2013
Media Releases
Substantive judgment
THE NEW ZEALAND MAORI COUNCIL v THE ATTORNEY-GENERAL SC 98/2012 [27 February 2013] (PDF, 353 KB)
Transcript

Hearing date : 1 February 2013

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Credit Suisse Private Equity Inc and another v Eric Meserve Houghton  and others
Case number
SC 100/2012
Summary
Civil Appeal – Limitation periods – Whether the Court of Appeal erred in finding that representees’ individual claims had been brought when the first respondent filed his claim on a representative basis – Whether the Court of Appeal erred in finding that representees did not have to opt in to the proceedings before limitation periods expired in order to bring timely individual claims[2012] NZCA 545  CA204/2011
Result
Leave to appeal is granted on the following ground: Are the claims of some or all of the shareholders represented by the First Respondent (Mr Houghton) time-barred by virtue of limitation provisions in the Limitation Act 1950 or the Fair Trading Act 1986? 8 April 2013 ____________________ The appeal is dismissed.

Costs of $25,000 are awarded to the first respondent plus usual disbursements (to be set by the Registrar if necessary).  The appellants and the second and fourth respondents are liable jointly and severally for the costs and disbursements.  We certify for second counsel.

9 April 2014
Media Releases
Substantive judgment
CREDIT SUISSE PRIVATE EQUITY LLC v ERIC MESERVE HOUGHTON [2014] NZSC 37 [9 April 2014] (PDF, 436 KB)
Transcript

Hearing date : 15 October 2013

Elias CJ, McGrath, Glazebrook, Arnold, Gault, Anderson JJ.
Case name
Lisa Marie Colleen Mandic and Stephen Neil Dohnt
Case number
SC 4/2011
Summary
Civil – Interpretation of a Glasgow lease – Whether Court of Appeal erred in its approach and conclusions as to the interpretation of the lease’s particular rental review formula. [2010] NZCA 576  CA 787/2009   3 December  2010
Result
Leave to appeal is granted. The approved ground of appeal is whether the Court of Appeal conclusion as to the valuation methodology provided by cl 13(b) of the lease is correct.
18 March 2011
___________________
The appeal is dismissed.
The appellants are to pay the respondent costs of $15,000 and reasonable disbursements in connection with this appeal, as fixed by the Registrar if necessary.
11 November 2011
Date of hearing
23 March 2011
Judges
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Transcripts
Media Releases
Leave judgment - leave granted
MANDIC v THE CORNWALL PARK TRUST BOARD (INC) SC 4/2011 [18 March 2011] (PDF, 7 KB)
Substantive judgment
MANDIC v THE CORNWALL PARK TRUST BOARD (INC) SC 4/2011 [11 November 2011] (PDF, 251 KB)
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
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