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
Y v The Queen
Case number
SC 79/2012
Summary
Criminal – indecent act with a child and young person – Crimes Act 1961 ss 132(3); 134(3); and s 2(1B) – whether the Court of Appeal erred in finding that a person who watches and encourages another person to perform an indecent act performs that indecent act “with” that other person for the purposes of s 2(1B) – whether the Court of Appeal erred in failing to consider the discretionary nature of its power to order a new trial – whether the Court of Appeal erred in not exercising its discretion not to order a new trial in light of the delay, the distress and the relatively low gravity of the offending. [2012] NZCA 458  CA 321/2012
Dates

The application for leave is dismissed.

Costs of $2,500 plus reasonable disbursements as fixed by the Registrar are awarded to the respondent.

19 December 2012.
Case name
Cameron John Leef v The Queen
Case number
SC 81/2012
Summary
Criminal appeal – Appeal against conviction – Crimes Act 1961, s 134(1) – Having sexual connection with a young person – Evidence Act 2006, s 44 – Whether Court of Appeal was correct to conclude that evidence of complainant’s prior sexual experience was inadmissible – Whether Court of Appeal erred that there was no miscarriage of justice as a result of the admission of inadmissible evidence.[2012] NZCA 567   CA 248/2011
Result
Application for leave to appeal dismissed.
14 March 2013.
Leave judgment - leave dismissed
LEEF v R SC 81/2012 [14 March 2013] (PDF, 57 KB)
Case name
Urs Signer v The Queen
Case number
SC 82/2012
Summary
Criminal Appeal – Evidence – Fair trial – Whether the Court of Appeal erred in its approach to the charge of “participating in a criminal group” – Whether the Crown misstated its case in relation to the admissibility of evidence – Whether the Court of Appeal erred in its assessment of the complaint relating to prejudicial pre-trial media coverage undermining the ability of the accused to obtain a fair trial.[2012] NZCA 492   CA 416/2012
Result
Application for leave to appeal dismissed.
23 April 2013.
Leave judgment - leave dismissed
SIGNER & ORS V R SC 82/2012 [23 April 2013] (PDF, 75 KB)
Case name
Emily Felicity Bailey  v The Queen
Case number
SC 83/2012
Summary
Criminal Appeal – Evidence – Fair trial – Whether the Court of Appeal erred in its approach to the charge of “participating in a criminal group” – Whether the Crown misstated its case in relation to the admissibility of evidence – Whether the Court of Appeal erred in its assessment of the complaint relating to prejudicial pre-trial media coverage undermining the ability of the accused to obtain a fair trial.[2012] NZCA 492   CA 415/2012
Result
Application for leave to appeal dismissed.
23 April 2013.
Leave judgment - leave dismissed
SIGNER & ORS V R SC 82/2012 [23 April 2013] (PDF, 75 KB)
Case name
Steven John Baird  v The Queen
Case number
SC 84/2012
Summary
Criminal Appeal – Crimes Act 1961, s 61(1) and (2) and the proviso to s 385(1) – whether the Court of Appeal erred in finding that, despite a failure on the part of the trial Judge to adequately direct the jury regarding the different position of the applicant from his co-accused, the applicant’ s convictions were inevitable and that no substantial miscarriage of justice had therefore occurred.[2012] NZCA 430   CA 722/2011
Result
Application for leave to appeal dismissed,
5 February 2013
Leave judgment - leave dismissed
BAIRD v R SC 84/2012 [5 February 2013 (PDF, 48 KB)
Case name
Daniel Brian Thomas Barrie v The Queen
Case number
SC 88/2012
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990, s 23(1)(b) – Right to consult and instruct a lawyer without delay and to be informed of that right – Whether the Court of Appeal erred in excluding foreign lawyers from those who may be consulted by a detainee under s 23(1)(b) of the New Zealand Bill of Rights Act 1990 in the drink/drive context – Whether the Court of Appeal erred in finding that a failure by Police to explain that there is no right to consult a foreign lawyer will not constitute a failure to facilitate the right to counsel provided the opportunity to consult and instruct a New Zealand lawyer had been afforded.[2012] NZCA 485    CA 849/2011
Leave judgment - leave dismissed
BARRIE v THE POLICE SC 88/2012 [15 March 2013] (PDF, 50 KB)
Dates
Application for leave to appeal dismissed.
15 March 2013.
Case name
Tama Wairere Iti v The Queen
Case number
SC 90/2012
Summary
Criminal Appeal – Evidence – Whether the jury should have been directed that evidence admissible under the co-conspirator’s rule was not available for consideration by the jury in relation to the Arms Act 1983 charges – Whether the statutory presumption of criminal liability under the Arms Act extended to a party under s 66 of the Crimes Act 1961 – Whether the Court of Appeal erred in its assessment of unlawful purpose under the Arms Act – Whether the jury’s inability to agree on the charge brought under s 98A of the Crimes Act 1961 retrospectively affected the analysis which led to certain evidence being admitted – Whether the Court of Appeal was entitled to have regard to aspirational or general discussions of inchoate thoughts forming part of a discharged count.[2012] NZCA 492    CA 306/2012
Result
Application for leave to appeal dismissed.
23 April 2013.
Leave judgment - leave dismissed
SIGNER & ORS V R SC 82/2012 [23 April 2013] (PDF, 75 KB)
Case name
Te Rangikaiwhiria Kemara v The Queen
Case number
SC 93/2012
Summary
Criminal Appeal – Crimes Act 1961, s 66(2) – Parties to offences – Arms Act 1983, s 45 – Whether the Court of Appeal erred in rejecting the appellants’ submission that the reverse onus in s 45(2) of the Arms Act did not apply to a party to an offence – Whether Police illegality in gathering evidence admitted at the trial should have been taken into account as a mitigating factor in sentencing.    [2012] NZCA 492    CA 363/2012
Result
Application for leave to appeal dismissed.
23 April 2013.
Leave judgment - leave dismissed
SIGNER & ORS V R SC 82/2012 [23 April 2013] (PDF, 75 KB)
Case name
Ian Campbell Macpherson v The Queen
Case number
SC 94/2012
Summary
Criminal Appeal – Crimes Act 1961, s 340(3)  – Misuse of Drugs Act 1975, s 6(1)(b)  – Sentencing Act 2002, s 142N – whether the Court of Appeal erred in finding that the Court’s refusal to sever the applicant’s trial from that of his co-accused did not lead to a miscarriage of justice – whether the Court of Appeal erred in finding that the applicant’ s conduct (of rubbing his hands together after handling dried cannabis plant thus collecting cannabis resin) changed the cannabis plant that he had harvested into another controlled substance, thus falling within the meaning of  “ to produce” under s 6(1)(b) of the Misuse of Drugs Act – whether the Court of Appeal erred in upholding, in part, an order for forfeiture of a portion of the applicant’s property under s 142N of the Sentencing Act.[2012] NZCA 522     CA 643/2011
Result
Application for leave to appeal dismissed.
14 March 2013.
Leave judgment - leave dismissed
MACPHERSON v R SC 94/2012 [14 March 2013] (PDF, 55 KB)
Case name
Kovinantie Vahafolua Fukofuka v The Queen
Case number
SC 95/2012
Summary
Criminal Appeal – Evidence Act 2006, s 126(2)(a) – Judicial warnings about identification evidence – Whether the Court of Appeal erred in holding that no substantial miscarriage of justice occurred through the trial Judge’s failure to sum up in terms of s 126(2)(a). [2012] NZCA 510     CA 216/2012
Result
A The application for leave to appeal is granted. 
B The approved ground is: was the Court of Appeal correct to find no substantial miscarriage of justice occurred despite the error in the Judge’s direction under s 126 of the Evidence Act 2006? 
18 April 2013
________________
tc
Transcripts
Media Releases
Leave judgment - leave granted
KOVINANTIE VAHAFOLUA FUKOFUKA V R SC 95/2012 [18 April 2013] (PDF, 30 KB)
Substantive judgment
FUKOFUKA v R [2013] NZSC 77 [16 August 2013] (PDF, 150 KB)
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