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
Eugene John De Marco v The Queen
Case number
SC 28/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to appeal is dismissed.
B Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
3 May 2019
B Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
3 May 2019
District Court decision
Not publicly available
High Court decision
Not publicly available
Leave judgment - leave dismissed
EUGENE JOHN DE MARCO v R [2019] NZSC 43 [3 May 2019] (PDF, 38 KB)
Case name
Anaru Hori White v The Queen
Case number
SC 30/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to appeal is dismissed.
B Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
22 May 2019
B Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
22 May 2019
District Court decision
Not publicly available
Leave judgment - leave dismissed
ANARU HORI WHITE v R [2019] NZSC 53 [22 May 2019] (PDF, 46 KB)
Case name
D v New Zealand Police
Case number
SC 31/2019
Summary
Criminal Appeal
Result
The judgment of this Court of 21 June 2019 ([2019] NZSC 58) is
recalled and reissued with the applicant’s name anonymised.
9 February 2021
-------------------------------------------------------------------------------------
A The application for leave to appeal against an order that the applicant be placed on the Child Sex Offender Register is granted ([2019] NZCA 30).
B The approved question is whether and, if so, how the New Zealand Bill of Rights Act 1990 has to be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
21 June 2019
Reissued 9 February 2021
-------------------------------------------------------------------------------
A The application to adduce further evidence is granted.
B The appeal is allowed.
C The registration order made by the District Court under s 9(1) of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 is quashed.
9 February 2021
recalled and reissued with the applicant’s name anonymised.
9 February 2021
-------------------------------------------------------------------------------------
A The application for leave to appeal against an order that the applicant be placed on the Child Sex Offender Register is granted ([2019] NZCA 30).
B The approved question is whether and, if so, how the New Zealand Bill of Rights Act 1990 has to be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
21 June 2019
Reissued 9 February 2021
-------------------------------------------------------------------------------
A The application to adduce further evidence is granted.
B The appeal is allowed.
C The registration order made by the District Court under s 9(1) of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 is quashed.
9 February 2021
Transcripts
- Hearing date 30 October 2019 (PDF, 416 KB)
Media Releases
- MR 2021 NZSC 2 (PDF, 197 KB)
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Substantive judgment
Additional document
Additional document
Case name
Pavlos Paul Gizelis v The Queen
Case number
SC 33/2019
Summary
Criminal Appeal – Whether the Court of Appeal was correct to dismiss the appeal against conviction and sentence for sexual violation and kidnapping – Whether the Court of Appeal should have admitted DNA evidence led at trial – Whether the Applicant was impaired by medication in his ability to make an informed decision to elect to give evidence and whether that meant he did not receive a fair trial.
Result
The application for leave to appeal is dismissed.
30 August 2019
30 August 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Jeffrey Robert Bunting v The Queen
Case number
SC 44/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that there was no material trial counsel error – Whether the Court of Appeal erred in holding that propensity evidence was admissible.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed with leave reserved as set out in [11] below.
9 September 2019
B The application for leave to appeal is dismissed with leave reserved as set out in [11] below.
9 September 2019
Transcripts
- Hearing date 29 August 2019 (PDF, 100 KB)
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Oral leave hearing date
Thursday 29 August 2019
Case name
Peter Hugh McGregor Ellis v The King
Case number
SC 49/2019
Summary
Criminal Appeal – Whether there was a miscarriage of justice arising from risks of contamination of or improperly obtained complainant evidence - Whether there was a miscarriage of justice arising from lack of expert evidence on the reliability of children complainants’ evidence – Whether there was a miscarriage of justice due to unreliable expert evidence being led at trial.
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.
31 July 2019
_____________________________________________________
The appeal is to continue despite the death of the appellant.
1 September 2020
_____________________________________________________
A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022
B The application for leave to appeal is granted.
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.
31 July 2019
_____________________________________________________
The appeal is to continue despite the death of the appellant.
1 September 2020
_____________________________________________________
A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022
Date of hearing
04 October 2021
- 15 October 2021
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ
Transcripts
- Hearing date 14 November 2019 (PDF, 246 KB)
- Hearing date 25 June 2020 Tikanga hearing (PDF, 308 KB)
- Hearing date 11 November 2020 (PDF, 146 KB)
- Hearing date 25 March 2021 (PDF, 151 KB)
- Hearing date 12 - 14 October 2021 (PDF, 1.1 MB)
Case Synopses
- Hearing date 14 November 2019 (PDF, 338 KB)
- Hearing date 25 June 2020 Tikanga hearing (PDF, 156 KB)
- Hearing date 25 March 2021 (PDF, 431 KB)
- Hearing date 4 October 2021 (onwards) (PDF, 235 KB)
Media Releases
- MR [2019] NZSC 83 (PDF, 61 KB)
- MR [2020] NZSC 89 (PDF, 66 KB)
- MR [2021] NZSC 63 (PDF, 279 KB)
- MR [2021] NZSC 77 (PDF, 279 KB)
- MR [2022] NZSC 114 (PDF, 293 KB)
- MR [2022] NZSC 115 (PDF, 339 KB)
Leave judgment - leave granted
Substantive judgment
Additional document
Supreme court decision
Supreme court decision
Substantive judgment
Substantive judgment
Videos
- Peter Hugh McGregor Ellis v R SC 49/2019 - 7 October 2022 (Recorded, 7 October 2022)
Case name
Lance Phillip Newing v New Zealand Police
Case number
SC 51/2019
Summary
Criminal Appeal – Driving with excess blood alcohol – Whether the District Court erred in refusing to discharge the applicant without conviction.
Result
The application for leave to appeal is dismissed. 22 August 2019
District Court decision
Not publicly available
Leave judgment - leave dismissed
Case name
David Owen Lyttle v The Queen
Case number
SC 54/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to bring a pre-trial appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
DAVID OWEN LYTTLE v R [2019] NZSC 75 [18 July 2019] (PDF, 42 KB)
Case name
T(SC 55/2019) v The Queen
Case number
SC 55/2019
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Crimes Act 1961, s 306 – Whether the District Court erred in refusing to dismiss the charges.
Result
The application for leave to appeal is dismissed
26 July 2019
26 July 2019
Leave judgment - leave dismissed
PHILIP DEAN TAUEKI v R [2019] NZSC 82 [26 July 2019] (PDF, 37 KB)
District Court decision
Not publicly available
Case name
Minister of Justice of New Zealand and Attorney General of New Zealand v Kyung Yup Kim
Case number
SC 57/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’ s fair trial rights would be upheld.
Result
A The application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justice of New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’ s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
_______________________
A The appeal is adjourned until 30 July 2021.
B A report is to be filed by the parties on or before 30 July 2021 outlining the matters set out at [443], [455]–[457] and [463].
C The cross-appeal is dismissed.
4 June 2021
____________________________________
A The application for leave to adduce the expert reports annexed to the parties’ joint report dated 3 December 2021 is granted.
B The appeal is allowed. The decision of the Court of Appeal is set aside.
C The Minister of Justice’s decision of 19 September 2016 to surrender the respondent under s 30 of the Extradition Act 1999 is reinstated.
D Costs are reserved.
13 April 2022
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’ s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
_______________________
A The appeal is adjourned until 30 July 2021.
B A report is to be filed by the parties on or before 30 July 2021 outlining the matters set out at [443], [455]–[457] and [463].
C The cross-appeal is dismissed.
4 June 2021
____________________________________
A The application for leave to adduce the expert reports annexed to the parties’ joint report dated 3 December 2021 is granted.
B The appeal is allowed. The decision of the Court of Appeal is set aside.
C The Minister of Justice’s decision of 19 September 2016 to surrender the respondent under s 30 of the Extradition Act 1999 is reinstated.
D Costs are reserved.
13 April 2022
Date of hearing
04 February 2022
Judges
Glazebrook, O'Regan, Ellen France, Arnold and French JJ
Transcripts
- Hearing date 4 December 2019 (PDF, 230 KB)
- Hearing date 25 February 2020 SC 57_2019 (PDF, 720 KB)
- Hearing date 4 February 2022 (PDF, 440 KB)
Case Synopses
- Hearing on 4 December 2019 (PDF, 160 KB)
- Hearing on 25 February 2020 (PDF, 158 KB)
Media Releases
- MR [2021] NZSC 57 (PDF, 312 KB)
- MR [2022] NZSC 44 (PDF, 294 KB)
High Court decision
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme Court - order made
Supreme Court - order made
Additional document
Substantive judgment
Page 37 of 113