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
Wallace Leslie Waugh v The Queen
Case number
SC 15/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 19/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
Ink Media Limited v The Queen
Case number
SC 16/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 18/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
Edin Bozz Boskovic v The Queen
Case number
SC 20/2009
Summary
Criminal – Sexual violation by rape – Appeal against conviction - Whether the Court of Appeal erred in finding that the alleged incompetence of trial counsel did not cause a miscarriage of justice – Whether the Court of Appeal erred in holding that the trial Judge’s ruling on alibi evidence was correct.CA 33/2006 12 December 2006
Result
Application for leave to appeal dismissed.
3 June 2009
3 June 2009
Leave judgment - leave dismissed
BOSKOVIC v R SC 20/2009 [3 June 2009] (PDF, 12 KB)
Judgment appealed from
Case name
Aaron Mark Wi v The Queen
Case number
SC 28/2009
Summary
Criminal – Appeal against convictions for wounding with intent to cause grievous bodily harm and assault with intent to injure – Substantial miscarriage of justice – Whether appellant unfairly prejudiced by trial Judge’s ruling precluding appellant from adducing evidence of lack of convictions for violent offending.[2009] NZCA 81 CA 586/2008
Result
Application for leave to appeal granted.
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
Media Releases
- media release wi (PDF, 82 KB)
Leave judgment - leave granted
AARON MARK WI v R SC 28/2009 [7 May 2009] (PDF, 12 KB)
Substantive judgment
WI v R SC 28/2009 [27 November 2009] (PDF, 147 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Darin Joseph Gardner v The Queen
Case number
SC 31/2009
Summary
Criminal appeal – Applicant convicted of murder, injuring with intent to cause grievous bodily harm and injuring with intent to injure – Appeal against conviction and sentence – Whether the Court of Appeal erred in finding that the applicant’s trial was fair – Whether the Court of Appeal erred in finding that the discharge of only one juror in certain circumstances, rather than two, was fair – Whether the Court of Appeal erred in finding that provocation was not available as a defence – Whether the Court of Appeal erred in finding that provocation and defence of another were not material in the applicant’s sentencing.[2009] NZCA 113 CA 665/07
Result
Application for leave to appeal dismissed. 16 June 2009
Leave judgment - leave dismissed
GARDNER V R SC 31/2009 16 June 2009 (PDF, 13 KB)
Case name
K v The Queen
Case number
SC 33/2009
Summary
Criminal appeal – convictions for sexual offending and assault – appeal based on conduct of defence counsel and alleged deficiencies in the trial process - whether the Court of Appeal erred in applying R v Condon [2005] 1 NZLR 446 – whether the appellant was denied the right to a fair trial – whether the appellant was denied the right to legal representation – whether the trial judge erred in accepting the report of a forensic nurse and finding the appellant was competent to instruct counsel[2009] NZCA 97 CA 531/07
Result
Application for leave to appeal refused.
19 June 2009
19 June 2009
Leave judgment - leave dismissed
K V R SC 33/2009 19 June 2009 (PDF, 15 KB)
Case name
Leroy John Barr v New Zealand Police
Case number
SC 34/2009
Summary
Criminal appeal – whether jurisdiction to order the payment of medical expenses incurred by the Police in administering a blood test against persons convicted of driving with excess blood alcohol. [2009] NZCA 124 CA 700/2008
Result
Application for leave to appeal granted.
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
Media Releases
- media barr v nz police (PDF, 39 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Blanchard. Tipping, McGrath, Wilson, and Anderson JJ
Case name
Shane Charles Wenzel v The Queen
Case number
SC 38/2009
Summary
Criminal – Appeal against decision of District Court Judge ordering trial by Judge alone under s 361D of the Crimes Act 1961 – Whether the incorporation into s 361D(3)(b) of an accused’s right to trial by jury requires an assessment of the weight of an accused’s right to jury trial in the circumstances of the case and the potential length of any sentence that might be imposed on conviction – Whether the s 361D limit on an accused’s right to jury trial can be demonstratively justified under s 5 of the New Zealand Bill of Rights Act 1990. [2009] NZCA 130 CA 31/2009 8 April 2009
Result
Application for leave to appeal dismissed. 9 June 2009
Leave judgment - leave dismissed
WENZEL V R SC 38/2009 9 June 2009 (PDF, 14 KB)
Case name
Peter David Buddle v The Queen
Case number
SC 43/2009
Summary
Criminal – Appeal against conviction – Crimes Act 1961 – Sexual offending – Criminal procedure – Exercise of s 374 discretion to discharge jury without their giving of a verdict – Whether trial Judge had authority to discharge jury at first trial on “a hung jury aspect” – Whether second trial a nullity in respect of all charges – Whether miscarriage of justice established.[2009] NZCA 184 CA 416/2008 14 May 2009
Result
Application for leave to appeal granted.
22 June 2009
22 June 2009
Media Releases
Leave judgment - leave granted
BUDDLE v R SC 43/2009 [22 June 2009] (PDF, 9 KB)
Substantive judgment
BUDDLE v R SC 43/2009 [26 November 2009] (PDF, 132 KB)
Result
Appeal allowed, Convictions set aside. New Trial ordered on three counts.
26 November 2009
Hearing
13 August 2009
Case name
Alex Kwong Wong v The Queen
Case number
SC 44/2009
Summary
Criminal appeal – appeal against refusal to grant bail pending appeal – whether the Court of Appeal erred in law by applying the wrong test – whether the Court of Appeal erred in law by applying too rigid or too high a standard – whether the Court of Appeal failed properly to apply the correct statutory factors set out in ss 8 and 14 of the Bail Act 2000 – whether the Court of Appeal failed to take into account or accord due weight to the substantial miscarriage of justice allegedly suffered by the appellant[2009] NZCA 202 CA 190/2009 21 May 2009
Result
Application for leave to appeal dismissed.
16 June 2009
16 June 2009
Leave judgment - leave dismissed
WONG V R SC 44/2009 16 June 2009 (PDF, 11 KB)
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