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
Tuhoe Lambert  v The Queen
Case number
SC 42/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114   CA 879/2010
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

________________________

Appeal is deemed to be dismissed due to the death of the appellant.
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Rangi Kemara  v The Queen
Case number
SC 43/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114  
Result

A The application for leave to appeal is granted.

B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.

6 May 2011

______________________

Appeal allowed by consent. Orders for trial by judge alone set aside.
14 September 2011
Transcript
Hearing date : 14 September 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Case name
Pauesi Brown v The Queen
Case number
SC 44/2011
Summary
Criminal – Sentence – Sentencing Act 2002 – Whether Court of Appeal correct to dismiss appeal against sentence – Whether appropriate approach taken to mitigating and aggravating features – Absence of specific credit for remorse – Insufficient credit for guilty plea – Whether correct approach taken to imposing Minimum Period of Imprisonment.  [2011] NZCA 95  CA 894/2010
Leave judgment - leave dismissed
BROWN v R SC 44/2011 [5 July 2011] (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.
5 July 2011.
Case name
Peter Morrison Petryszick v The Queen
Case number
SC 47/2011
Summary
Criminal Appeal – s 385 of the Crimes Act 1961 – Whether the Court of Appeal, after an order by the Supreme Court to remit this appeal in Petryszick v R [2010] NZSC 105, [2011] 1 NZLR 153, denied the appellant an effective appeal against conviction on one count of assault using a motor vehicle as a weapon. [2011] NZCA 99  CA 269/2008
Leave judgment - leave dismissed
PETRYSZICK V R SC 47/2011 [30 June 2011] (PDF, 46 KB)
Dates

Application for leave to appeal dismissed.

30 June 2011.
Case name
Carol Margaret Down v The Queen
Case number
SC 48/2011
Summary
Criminal Appeal – Resource Management Act 1991 – Summary Proceedings Act 1957 – Applicant convicted of four counts of discharge of a contaminant under s 15 RMA – Whether s 15 discharge offences are infringement offences as defined in s 2(1) SPA and therefore required leave of District Court Judge or Registrar to lay informations under s 21 SPA and also s 78A SPA applicable – Whether Court of Appeal correct to find prosecution saved in any case by s 204 SPA and did not result in a nullity.[2011] NZCA 119  CA 819/2009
Result
Leave to appeal is granted.
The approved grounds are:
(i) whether the laying of the informations on the discharge counts required leave of a District Court Judge or Registrar under s 21 of the Summary Proceedings Act 1957; and
(ii) if so, whether in the absence of such leave prior to the laying of the informations the proceedings were validated by s 204 of that Act.
5 August 2011
________________________________
Appeal dismissed.
3 April 2012
Transcripts
Media Releases
Leave judgment - leave granted
DOWN v R SC 48/2011 [5 August 2011] (PDF, 7 KB)
Substantive judgment
DOWN v R SC 48/2011 (PDF, 154 KB)
Case name
DF  v The Queen
Case number
SC 50/2011
Summary
Criminal – Admissibility of Evidence – Defective warrant – Whether the Court of Appeal gave sufficient weight to defects in the warrant application when it determined that the evidence was admissible under s 30 of the Evidence Act 2006.[2011] NZCA 151  CA 612/2010
Dates

Application for leave to appeal dismissed.

20 May 2011
Case name
David Ingram Rowley and Barrie James Skinner v Commissioner of Inland Revenue
Case number
SC 51/2011
Summary
Criminal Appeal – Name Suppression – Interim name suppression order granted in the District Court, but overturned in High Court, with a Court of Appeal majority upholding the High Court’s decision – Whether Court of Appeal majority correctly applied the test for name suppression appeals – Whether Court of Appeal majority was right to uphold the view of the High Court Judge that the possible impact on financing of a defence was an irrelevant consideration – Whether Court of Appeal majority was correct in supporting the High Court Judge’s finding that the District Court Judge had failed to take into account a relevant consideration, namely the interest in clients of the appellants in knowing of the charges faced – Whether Court of Appeal majority was justified in holding that the High Court could make its own evaluation of the factors for and against name suppression if the District Court took into account irrelevant considerations or failed to take into account a relevant consideration.[2011] NZCA 160  CA 112/2011
Leave judgment - leave dismissed
ROWLEY and SKINNER v COMMISSIONER OF INLAND REVENUE SC 51/2011 [7 July 2011] (PDF, 58 KB)
Dates
Application for leave to appeal is declined.
7 July 2011.
Case name
Shane Andrew Ellis v The Queen
Case number
SC 53/2011
Summary
Criminal Appeal – Juries Act 1981 – Applicant convicted in High Court at Wellington by jury trial on three counts of importing methamphetamine – Jury selected in accordance with Juries Act – Whether trial was unfair as jury unrepresentative of population, in particular New Zealand’ s rural population, and did not constitute trial by applicant’s peers.[2011] NZCA 90 CA 739/2009
Leave judgment - leave dismissed
ELLIS v R SC 53/2011 [2 June 2011] (PDF, 55 KB)
Dates

Application for leave to appeal dismissed.

2 June 2011.
Case name
Mahana Makarini Edmonds v The Queen
Case number
SC 57/2011
Summary
Criminal Appeal – Party offences – Section 66(2) of the Crimes Act 1961 – Appellant was convicted of manslaughter after Mr Pahau, one of his associates, killed Mr Niwa through a single stab wound inflicted by a knife - Whether the jury must be directed that knowledge of the possession of the particular type of weapon used in the commission of the principal offence is required under s 66(2).  [2011] NZCA 147  CA 588/2010
Result
A Leave to appeal is granted.
B The approved ground of appeal is whether the trial Judge should have directed the jury that they could not convict the appellant unless satisfied that he knew the principal offender was carrying a knife.
15 August 2011
________________________
Appeal dismissed.
20 December 2011
Transcripts
Media Releases
Leave judgment - leave granted
EDMONDS v R SC 57/2011 [15 August 2011] (PDF, 7 KB)
Substantive judgment
EDMONDS v R SC 57/2011 [20 December 2011] (PDF, 201 KB)
Case name
Warren Bruce Fenemor v The Queen
Case number
SC 60/2011
Summary
Criminal – Admissibility of propensity evidence –That some items of evidence admitted were inadmissible propensity evidence – That the trial Judge’s directions on the use of that evidence were inadequate – That the trial Judge erred in preventing the appellant from demonstrating his account of the incident.[2011] NZCA 206  CA 457/2010
Result
The application for leave to appeal is granted in part. The approved ground is whether the Court of Appeal was correct to hold, following R v Degnan that propensity evidence may be led by the Crown despite that evidence having previously been led at a trial which resulted in an acquittal.
We refuse leave to appeal on the other proposed grounds as they do not, in our view, meet the statutory criteria.
23 August 2011
_________________
Appeal dismissed.
21 October 2011
Media Releases
Substantive judgment
sc 60 2011 warren bruce fenemor v the queen (PDF, 130 KB)
Transcript
Hearing date : 4 October 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
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