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.
28 November 2025
Case information summary 2025 (as at 28 November 2025) – Cases where leave granted (PDF, 87 KB)
Case information summary 2025 (as at 28 November 2025) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
Wayne Peter Hitchings v The Queen
Case number
SC 98/2006
Summary
Criminal – appeal against conviction – whether material acquired by the Crown was evidence “going to rebut notified alibi defences and therefore not disclosable” or whether it was material that would assist the defence and therefore disclosable as of right – whether failure to disclose the evidence prejudiced the defence preparation for trial – whether Court of Appeal erred in finding that applicant would have had difficulty presenting two alibi defences, when the underlying argument was that the applicant was at home at the relevant time – whether evidence was inconsistent with this defence – whether trial was unfair. CA 519/05 27 November 2006
Result
Application for leave to appeal dismissed. 9 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Joseph Coleman v The Queen
Case number
SC 3/2005
Summary
Criminal Appeal against conviction for murder - whether otherwise inadmissible hearsay evidence became admissible due to counsels' consent. CA180/04 15 December 2004
Result
Leave to appeal refused.
23 March 2005
23 March 2005
Leave judgment - leave dismissed
V R SC SC 3/2005 [23 March 2005] (PDF, 14 KB)
Judgment appealed from
Case name
Allan Kendrick Dean v The Queen
Case number
SC 6/2005
Summary
Criminal Appeal - whether sentence of preventive detention should have been imposed - whether there has been unlawful appellate delay or breach of the New Zealand Bill of Rights Act 1990 - whether a substantial miscarriage of justice has resulted. CA 172/03 17 December 2004
Result
Leave to appeal dismissed.
11 April 2005
11 April 2005
Leave judgment - leave dismissed
R V DEAN SC 6/2005 [11 April 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Bernard John Pavitt v The Queen
Case number
SC 7/2005
Summary
Criminal appeal against conviction for aggravated robbery - whether colour of right - whether evidence inadmissable as unfairly obtained - burden of proof - whether misdirection by trial judge in telling jury that two others involved in the offending had also been charged. CA 257/04 21 October 2004
Result
Leave to appeal refused.
10 May 2005
10 May 2005
Leave judgment - leave dismissed
PAVITT V R SC 7/2005 [10 May 2005] (PDF, 15 KB)
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing. CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
Leave judgment - leave granted
MIST V R SC 12/2005 [31 May 2005] (PDF, 15 KB)
Substantive judgment
MIST V R SC 12/2005 [1 December 2005] (PDF, 182 KB)
Transcription
Case name
Todd O'Hara v The Queen
Case number
SC 15/2005
Summary
Criminal appeal against conviction - admissibility of evidence of partial or qualified identification of accused from identification parade - whether misdirection by trial judge in suggesting positive identification had been made. CA 368/04 14 March 2004
Result
Leave to appeal refused.
7 July 2005
7 July 2005
Leave judgment - leave dismissed
O'HARA V R SC 15/2005 [7 July 2005] (PDF, 13 KB)
Judgment appealed from
Transcript
Case name
Benjamin Turrei Brooking v The Queen
Case number
SC 16/2005
Summary
Criminal appeal - appeal against the decision of the Court of Appeal quashing a sentence of six years imprisonment and substituting a sentence of eight years nine months - whether the Court erred in principle in holding that in the District Court the Judge failed to take into account offending other than burglaries. CA 419/04 7 March 2005
Result
Leave to appeal refused.
31 May 2005
31 May 2005
Leave judgment - leave dismissed
BROOKING V R SC 16/2005 [31 May 2005] (PDF, 14 KB)
Judgment appealed from
Case name
Krishan Jaichandre Kanhai v The Queen
Case number
SC 20/2005
Summary
Leapfrog criminal appeal against conviction - alleged radical error of counsel in not adducing evidence of good character giving rise to a substantial miscarriage of justice - leave application made out of time - application for extension of time. CA 55/04 15 December 2004
Result
Leave to appeal dismissed.
11 May 2005
11 May 2005
Leave judgment - leave dismissed
KANHAI V R SC 20/2005 [11 May 2005] (PDF, 19 KB)
Judgment appealed from
Case name
Robert Frank Terry v The Queen
Case number
SC 23/2005
Summary
Criminal appeal against conviction - forensic analysis report only disclosed to defence at time of trial - effect of late disclosure. CA 490/04 20 April 2005
Result
Leave to appeal dismissed.
23 June 2005
23 June 2005
Leave judgment - leave dismissed
TERRY V R SC 23/2005 [23 June 2005] (PDF, 13 KB)
Judgment appealed from
Case name
Ramon Dirk Johannes de Mey v The Queen
Case number
SC 24/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal upholding conviction for common assault - whether there was a miscarriage of justice resulting from insufficient evidence to support the jury's verdict. CA 169/04 17 December 2004CA 44/05 28 April 2005
Result
Leave to appeal refused
20 May 2005
20 May 2005
Leave judgment - leave dismissed
DE MEY V R SC 24/2005 [20 May 2005] (PDF, 15 KB)
Court of Appeal decision
Judgment appealed from
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