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
Timothy Joseph Foley v The Queen
Case number
SC 29/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed. 21 June 2018
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
TIMOTHY JOSEPH FOLEY v R [2018] NZSC 57 [21 June 2018] (PDF, 192 KB)
Case name
David Raymond Lewis v Chief Executive of the Department of Corrections
Case number
SC 31/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against an extended supervision order made in the District Court.
Result
The application for leave to appeal is dismissed.
13 June 2018
13 June 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Joseph Warren Lepper v The Queen
Case number
SC 32/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a sentence of preventive detention.
Result
The application for an extension of time to file an application for leave to appeal is dismissed. 26 June 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
JOSEPH WARREN LEPPER v R [2018] NZSC 58 [26 June 2018] (PDF, 197 KB)
Case name
Donny Falakoa v The Queen
Case number
SC 33/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not making a discrete allowance for mental health issues and remorse during sentencing – Whether there are exceptional circumstances justifying taking an appeal against conviction directly to this Court.
Result
The application for leave to appeal is dismissed.
31 July 2018
31 July 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
DONNY FALAKOA v R [2018] NZSC 65 [31 July 2018] (PDF, 191 KB)
Case name
S v The Queen
Case number
SC 36/2018
Summary
Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.
Result
A The application for leave to appeal is granted (S (CA377/2017) v R [2018] NZCA 101).
B The approved question is whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.
30 July 2018
___________________
The appeal is dismissed.
20 December 2018
B The approved question is whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.
30 July 2018
___________________
The appeal is dismissed.
20 December 2018
Transcripts
- Hearing date 16 October 2018 (PDF, 232 KB)
Media Releases
- MR [2018] NZSC 124 (PDF, 288 KB)
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave granted
S (SC 148/2016) v R [2017] NZSC 43 [4 April 2017] (PDF, 89 KB)
Substantive judgment
S (SC 36/2018) v R [2018] NZSC 124 [20 December 2018] (PDF, 450 KB)
Leave judgment - leave granted
S (SC 36/2018) v R [2018] NZSC 64 [30 July 2018] (PDF, 186 KB)
Case name
T v The Queen
Case number
SC 37/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
A Notice of Abandonment having being lodged the appeal is deemed to be dismissed.
12 November 2018
District Court decision
Not publicly available
Court of Appeal decision
Case name
D v The Queen
Case number
SC 39/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in partly dismissing the applicant’s appeal against conviction – Whether the trial Judge misdirected the jury – Whether evidence adduced at trial was unfairly prejudicial to the applicant.
Result
The application for leave to appeal is dismissed. 20 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
D (SC 39/2018) v R [2018] NZSC 76 [20 August 2018] (PDF, 207 KB)
Case name
Wayne William Smith v The Queen
Case number
SC 48/2018
Summary
Criminal Appeal – Evidence Act 2006, s 76 – Juror misconduct – Whether the Court of Appeal erred in dismissing the applicant’ s application for an order to appoint a special counsel.
Result
The application for leave to appeal is dismissed.
21 August 2018
21 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
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
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