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
T v The Queen
Case number
SC 117/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal on the ground that the use of representative charges covering 10–12 years was unfair.[2016] NZCA 235 CA 561/2014
Result
The application for leave to appeal is dismissed. 10 February 2017
Leave judgment - leave dismissed
T (SC 117/2016) v R [2017] NZSC 6 10 February 2017 (PDF, 78 KB)
Judgment appealed from
Case name
Solicitor-General's Reference (No 1 of 2016) from CRI 2015-485-52, High Court at Christchurch
Case number
SC 118/2016
Summary
Criminal Appeal – Land Transport Act 1998 – Whether the Court of Appeal erred in determining that the requirements of s 90 of the Land Transport Act 1998 had not been met – Whether the Court of Appeal erred in holding the correct remedy was the quashing of the defendant’s conviction. [2016] NZCA 417 CA663/2015
Result
A The application for leave to appeal is granted (Solicitor-General’s Reference (No 1 of 2016) [2016] NZCA 417).
B The approved question is whether the Court of Appeal was right to answer the two questions before it in the way that it did.
19 December 2016
______________
A The appeal is allowed. The answers given by the Court of Appeal to the questions on the Solicitor-General’ s reference are set aside.
B In substitution, the questions of law are answered as follows:
(a) Question One: Was the High Court correct to conclude that the requirements of s 90 of the Land Transport Act 1998 had not been met in this case?
Answer: No.
(b) Question Two: If the requirements of s 90 were not met, was the correct remedy the quashing of the defendant’ s conviction?
Answer: Does not arise for determination.
3 May 2017
B The approved question is whether the Court of Appeal was right to answer the two questions before it in the way that it did.
19 December 2016
______________
A The appeal is allowed. The answers given by the Court of Appeal to the questions on the Solicitor-General’ s reference are set aside.
B In substitution, the questions of law are answered as follows:
(a) Question One: Was the High Court correct to conclude that the requirements of s 90 of the Land Transport Act 1998 had not been met in this case?
Answer: No.
(b) Question Two: If the requirements of s 90 were not met, was the correct remedy the quashing of the defendant’ s conviction?
Answer: Does not arise for determination.
3 May 2017
Transcripts
- Hearing date 28 March 2017 (PDF, 243 KB)
Media Releases
- MR [2017] NZSC 58 (PDF, 310 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
S v The Queen
Case number
SC 119/2016
Summary
Criminal Appeal – Appeal against conviction – Customs and Excise Act 1996, s 151 – Evidence Act 2006, s 30 – Whether Court of Appeal erred in finding s 151 Customs and Excise Act authorised warrantless search – Whether Court of Appeal erred in not excluding evidence under s 30 Evidence Act. [2016] NZCA 448 CA712/2015
Result
The application for leave to appeal is dismissed.
22 December 2016
22 December 2016
Leave judgment - leave dismissed
S (SC 119/2016) v R [2016] NZSC 172 22 December 2016 (PDF, 73 KB)
Judgment appealed from
Case name
Dominique Anita Reti v The Queen
Case number
SC 122/2016
Summary
Criminal Appeal – Evidence Act 2006, s 45 – Whether the Court of Appeal erred in holding that visual identification evidence identifying the applicant was properly admitted at trial. [2016] NZCA 447 CA312/2016
Result
The application for leave to appeal is dismissed. 21 December 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ashor Gorgus v The Queen
Case number
SC 125/2016
Summary
Criminal Appeal – Appeal against sentence – Whether sentence was manifestly excessive. [2016] NZCA 508 CA706/2015
Result
The application for leave to appeal is dismissed.
7 December 2016
7 December 2016
Leave judgment - leave dismissed
ASHOR GORGUS v R [2016] NZSC 161 7 December 2016 (PDF, 68 KB)
Judgment appealed from
Case name
Ian Edward Hitchcock v The Queen
Case number
SC 126/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge’s summing up on consent in relation to a charge of sexual violation was sufficient – Whether the Court of Appeal erred in finding that no miscarriage of justice arose as a result of the trial Judge’ s failure to direct the jury that they should consider whether the applicant knew that he was supplying cannabis. [2016] NZCA 465 CA265/2015
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
Leave judgment - leave dismissed
IAN EDWARD HITCHCOCK v R [2017] NZSC 29 8 March 2017 (PDF, 82 KB)
Recall judgment
IAN EDWARD HITCHCOCK v R [2017] NZSC 71 17 May 2017 (PDF, 67 KB)
Judgment appealed from
Case name
F v The Queen
Case number
SC 129/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding the jury verdicts were reasonable – Whether the Court of Appeal took the correct approach to an automatism disorder – Whether the Court of Appeal erred in finding that there was no juror impartiality. [2016] NZCA 180 CA705/2015
Result
The application for an extension of time to apply for leave to appeal is dismissed.
17 March 2017
17 March 2017
Leave judgment - leave dismissed
F (SC 129/2016) v R [2017] NZSC 34 17 March 2017 (PDF, 107 KB)
Judgment appealed from
Case name
Derek Lester King v The Queen
Case number
SC 133/2016
Summary
Criminal appeal – Whether the Court of Appeal erred by declining to grant further adjournment in the appeal against conviction and sentence. [2015] NZCA 506 CA7/2013
Result
A notice of abandonment having been lodged, the application is deemed dismissed.
10 April 2017
10 April 2017
Judgment appealed from
Case name
Todd Aaron Marteley v The Queen
Case number
SC 134/2016
Summary
Criminal Appeal – Whether the applicant was prevented by counsel error from vacating his guilty plea – Whether the Court of Appeal took insufficient time to consider the applicant’s appeal against sentence.[2016] NZCA 480 CA509/2011
Result
The application for leave to appeal is dismissed.
13 March 2017
___________
The application for recall is dismissed.
16 May 2017
_______________
The application for recall is dismissed.
8 June 2017
13 March 2017
___________
The application for recall is dismissed.
16 May 2017
_______________
The application for recall is dismissed.
8 June 2017
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
TODD AARON MARTELEY v R [2017] NZSC 72 [16 May 2017] (PDF, 65 KB)
Recall judgment
TODD AARON MARTELEY v R [2017] NZSC 83 [8 June 2017] (PDF, 65 KB)
Case name
Glenn Roderick Holland v Chief Executive of the Department of Corrections
Case number
SC 136/2016
Summary
Criminal Appeal – Parole Act 2002, pt 1A – Extended supervision order – Whether the Court of Appeal erred in its interpretation of the Parole Act 2002 – Whether the Court of Appeal erred in its assessment of the gravity of the offending – Whether the Court of Appeal erred in holding that the length of the extended supervision order was proportionate to the risk posed by the defendant. [2016] NZCA 504 CA119/2016
Result
A The application for leave to appeal is granted in part (Holland v Chief Executive of the Department of Corrections [2016] NZCA 504).B The approved questions are:
(a) Whether offences against the Films, Videos and Publications Classification Act 1993 set out in s 107B(3) of the Parole Act 2002 are relevant only to eligibility for an extended supervision order; and
(b) If they are only relevant to eligibility, whether the extended supervision order should have been made.
C The application for leave to appeal is otherwise dismissed.
8 June 2017
__________________
The appeal is dismissed
27 October 2017
(a) Whether offences against the Films, Videos and Publications Classification Act 1993 set out in s 107B(3) of the Parole Act 2002 are relevant only to eligibility for an extended supervision order; and
(b) If they are only relevant to eligibility, whether the extended supervision order should have been made.
C The application for leave to appeal is otherwise dismissed.
8 June 2017
__________________
The appeal is dismissed
27 October 2017
Transcripts
- Hearing date 3 October 2017 (PDF, 111 KB)
Media Releases
- MR [2017] NZSC 161 (PDF, 286 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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