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
Cornelius Hermanus Hendriks v The Queen
Case number
SC 53/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the failure to adduce evidence of the applicant’s lack of previous convictions at trial did not materially diminish the applicant’s prospects of an acquittal – Whether the Court of Appeal erred in finding that the trial Judge’s summing-up on the standard of proof was orthodox.
Result
The application for leave to appeal is dismissed. 25 October 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Finn Habib Batato v The United States of America
Case number
SC 55/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the District Court’s determination under s 24 of the Extradition Act 1999 – Whether the Supreme Court of New Zealand has jurisdiction to hear an appeal under the Extradition Act if the proceedings were commenced before 1 July 2013.
Result
The Court has jurisdiction to hear the proposed appeals.
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
____________________________________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
____________________________________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
Case Synopses
- Hearing 10 June 14 June 2019 (PDF, 264 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcript hearing 10 to 17 June 2019 NZSC Trans 25 (PDF, 4.2 MB)
Leave to intervene declined
Substantive judgment
Additional document
Additional document
Transcript
Hearing date
10 - 14 June 2019
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Supreme Court judgment / Media Release
Case name
Mathias Ortmann and Bram Van der Kolk v The United States of America
Case number
SC 56/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the District Court’s determination under s 24 of the Extradition Act 1999 – Whether the Supreme Court of New Zealand has jurisdiction to hear an appeal under the Extradition Act if the proceedings were commenced before 1 July 2013.
Result
The Court has jurisdiction to hear the proposed appeals.
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
_________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to
this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020] NZSC 120).
22 February 2021
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
_________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to
this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020] NZSC 120).
22 February 2021
Case Synopses
- Hearing 10 June 14 June 2019 (PDF, 264 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Leave to intervene declined
Additional document
Transcript hearing 10 to 17 June 2019 NZSC Trans 25 (PDF, 4.2 MB)
Substantive judgment
Additional document
Additional document
Hearing date
10 - 14 June 2019
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Willaims JJ
Supreme Court judgment / Media Release
Transcript
Case name
Kim Dotcom v The United States of America
Case number
SC 57/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the Copyright Act 1994 – Whether the Court of Appeal erred in its findings on the admissibility of evidence challenging the record of the case.
Result
The Court has jurisdiction to hear the proposed appeals.
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
__________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the
judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
20 December 2018
-
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
___________________________________________________________________
A The application for leave to intervene is declined.
B No order as to costs.
20 May 2019
___________________________________________________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
__________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the
judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
Case Synopses
- Hearing 10 June 14 June 2019 (PDF, 264 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Leave to intervene declined
Additional document
Transcript hearing 10 to 17 June 2019 NZSC Trans 25 (PDF, 4.2 MB)
Substantive judgment
Additional document
Additional document
Supreme Court judgment / Media Release
Transcript
Hearing date
10 - 14 June 2019
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case name
Martin Victor Lyttelton v The Queen
Case number
SC 59/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence
Result
The application for leave to appeal against both conviction and sentence
is dismissed.
16 October 2018
is dismissed.
16 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Yusuke (David) Sena v The Queen
Case number
SC 60/2018
Summary
Criminal Appeal – Criminal Procedure Act 2011, s 232(2)(b) – Judge-alone trial –Whether the High Court Judge applied the right standard of review to the applicant’s appeal against conviction.
Result
A Leave to appeal direct to this Court, against the High Court’s judgment (Sena v New Zealand Police [2017] NZHC 2319), is granted.
B The approved ground of appeal is whether the High Court was correct to dismiss Mr Sena’s appeal against conviction brought under s 232(2)(b) of the Criminal Procedure Act 2011.
10 October 2018
__________________________________________________________
A The appeal is allowed.
B The convictions of the appellant are quashed.
C We direct a new trial.
24 May 2019
B The approved ground of appeal is whether the High Court was correct to dismiss Mr Sena’s appeal against conviction brought under s 232(2)(b) of the Criminal Procedure Act 2011.
10 October 2018
__________________________________________________________
A The appeal is allowed.
B The convictions of the appellant are quashed.
C We direct a new trial.
24 May 2019
Transcripts
- Hearing date 13 February 2019 (PDF, 447 KB)
Media Releases
- MR [2019] NZSC 55 (PDF, 286 KB)
District Court decision
Not publicly available
High Court decision
Not publicly available
Leave judgment - leave granted
Substantive judgment
Case name
Neil Raymond Swain v The Queen
Case number
SC 68/2018
Summary
Criminal Appeal – Criminal Procedure Act, s 232– Whether the Court of Appeal erred in finding there was no miscarriage of justice.
Result
The application for leave to appeal is dismissed. 9 November 2018
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Quinton Paul Winders v The Queen
Case number
SC 71/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.
Result
The application for leave to appeal is dismissed. 30 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Dermont Gregory Nottingham v Auckland District Court, Hemi Taka, Martin Honey and Stephanie Honey
Case number
SC 73/2018
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in holding that it did not have jurisdiction to hear the appeal against the decisions of the High Court.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondents costs of $2,500. 5 November 2018
B The applicant is to pay the respondents costs of $2,500. 5 November 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Patrick Maurice O'Sullivan v The Queen
Case number
SC 77/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining the application for leave to bring a second appeal against conviction – Whether there are exceptional circumstances justifying an appeal direct from the High Court.
Result
The application for leave to appeal is dismissed.
7 November 2018
_____________________
The application for recall of this Court’s judgment of 7 November 2018 (O’Sullivan v R [2018] NZSC 103) is dismissed.
28 November 2018
7 November 2018
_____________________
The application for recall of this Court’s judgment of 7 November 2018 (O’Sullivan v R [2018] NZSC 103) is dismissed.
28 November 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Page 39 of 109