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
Matthew BROWN V The Queen
Case number
SC 41/2008
Summary
Criminal Appeal – appeal against conviction for injuring with intent – whether applicant had adequate counsel in the Court of Appeal – whether Court of Appeal counsel provided correct advice in relation to waiver of solicitor-client privilege – whether Court of Appeal counsel should have called medical evidence – whether Court of Appeal counsel followed applicant’s instructions in relation to witness subpoenas and cross-examination – whether evidence provided in the Court of Appeal was accurate – whether applicant had adequate counsel at District Court – whether District Court counsel should have called other witnesses – whether District Court counsel should have objected to complainant’s testimony – whether Judge’s summing up was effected by defence provided[2008] NZCA 156 CA 392/07 9 June 2008
Leave judgment - leave dismissed
BROWN v R SC 41/2008 [10 October 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
10 October 2008.
Case name
Jamie Ronaki Kissling V The Queen
Case number
SC 42/2008
Summary
Criminal – Appeal – Challenge to mandate and jurisdiction of New Zealand Courts in criminal matters – Whether lower Court correct to refuse application for transfer of case to tribal or customary courts of the Te One One tribes.CRI 2006-070-6764 10 April 2008
Leave judgment - leave dismissed
KISSLING v R SC 42/2008 [21 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
21 August 2008
21 August 2008
Case name
Tareq Abdel Rahim Zaiton v The Queen
Case number
SC 43/2008
Summary
Criminal appeal – whether a miscarriage of justice has occurred under s 385(1)(c) of the Crimes Act 1961 – at a previous trial, the complainant had made identifications relating to one charge – the prosecution did not disclose the identifications to the defence until the second trial – whether the Court of Appeal erred in finding that no miscarriage resulted from the Crown’s failure to disclose the information until that point.[2008] NZCA 189 CA 368/07 26 June 2008
Leave judgment - leave dismissed
ZAITON V R SC 43/2008 [20 October 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
20 October 2008.
Case name
R v The Queen
Case number
SC 45/2008
Summary
Criminal appeal – alleged miscarriage of justice in terms of s 385(1)(c) of the Crimes Act 1961 – appellant found guilty on six representative counts alleging sexual offending against the complainant – whether the fact that evidence from several potential witnesses was not put before the jury at the trial and the fact that the trial Judge refused to discharge the jury after the complainant made contact with members of the jury have resulted in a miscarriage of justice.[2008] NZCA 196 CA 32/07 30 June 2008
Leave judgment - leave dismissed
R v R SC45/2008 [8 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
8 October 2008
8 October 2008
Case name
Duane Charles Brendon Paul Burgess v The Queen
Case number
SC 46/2008
Summary
Criminal Appeal – appeal against conviction – sexual assault – miscarriage of justice – whether the Court of Appeal correctly analysed the evidence – whether there was sufficient time for the applicant to have committed the offence.
Leave judgment - leave dismissed
BURGESS v R SC 46/2008 [14 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
14 October 2008.
14 October 2008.
Case name
Shane Huia Matenga v The Queen
Case number
SC 50/2008
Summary
Criminal appeal – Crimes Act 1961 s 385(1) – applicant was convicted of rape and unlawful sexual connection – at trial, inadmissible expert opinion evidence was given as to the central issue of consent – on appeal, the Court of Appeal held that, while there was a risk of a miscarriage of justice under s 385(1)(c), the proviso should be applied as no substantial miscarriage of justice had actually occurred – whether the Court of Appeal applied the correct principles in deciding to apply the proviso – whether the finding that there was a risk of a miscarriage of justice is incompatible with the holding that no substantial miscarriage of justice had actually occurred.[2008] NZCA 260 CA 216/07 28 July 2008
Leave judgment - leave granted
MATENGA v R SC 50/2008 [20 October 2008] (PDF, 12 KB)
Dates
Application for leave to appeal granted.
20 October 2008.
20 October 2008.
Result
Appeal allowed. New Trial ordered.
13 March 2009.
Case name
Stephen William Garret v The Queen
Case number
SC 57/2008
Summary
Criminal - Appeal against sentence – Grievous bodily harm with intent to injure – Whether 3½ years imprisonment manifestly excessive for vigilante attack given early offer of guilty plea to lesser charge of which ultimately convicted and $20,000 reparation payment as requested by victim – Whether sentencing Judge erred in law in finding appellant had leadership role in operation.[2008] NZCA 294 CA 176/2008 12 August 2008
Dates
Application for leave to appeal dismissed.
20 October 2008.
20 October 2008.
Case name
Christopher James Fullbeck Mosley v The Queen
Case number
SC 58/2008
Summary
Criminal appeal – trial took place with ten jurors – whether the Court of Appeal erred in confirming that there were “exceptional circumstances relating to the trial” which justified continuing with ten jurors under s 374 Crimes Act 1961 – whether the Court of Appeal was wrong to conclude that s 374(8) excluded a right to review the trial Judge’ s decision to discharge the 12th and 11th jurors.[2008] NZCA 319 CA 612/2007 25 August 2008
Leave judgment - leave dismissed
MOSLEY v R SC 58/2008 [17 November 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed.
17 November 2008.
Case name
Kelly Te Peeti Ringi v The Queen
Case number
SC 59/2008
Summary
Criminal – Sexual violation - Whether the Court of Appeal erred in finding that the evidence supported the conviction – whether the Appellant had inadequate representation at trial and in the Court of Appeal. [2008] NZCA 293 CA33/2008 12 August 2008
Leave judgment - leave dismissed
RINGI v R SC 59/2008 [11 February 2009] (PDF, 16 KB)
Dates
Application for leave to appeal is dismissed.
11 February 2009
Case name
Alfred Taenga Mata v The Queen
Case number
SC 60/2008
Summary
Criminal appeal – Supreme Court Act s 14 – leap-frog appeal against District Court judgment – whether exceptional circumstances exist so as to justify taking the appeal directly to the Supreme Court.Evidence Act 2006 s 43 – District Court judgment ruled that certain “propensity” evidence is admissible at the applicant’s up-coming trial for robbery – the incident of propensity that the Crown sought to adduce occurred one year later than the incident that is the subject of the current proceedings, and resulted in charges being brought against the applicant – whether a non-proven criminal allegation is capable of being used as propensity evidence – whether, in deciding whether propensity evidence should be admitted under s 43, courts are required to follow common law principles – whether the specific robbery allegation sought to be adduced as propensity evidence meets the threshold of similar fact evidence that can be considered as an “other matter” when assessing the prejudicial effect of the evidence under s 43(4).CRI 2007-092-006967 14th August 2008
Leave judgment - leave dismissed
MATA v R SC 60/2008 [15 September 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
15 September 2008
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