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
Peter Morrison Petryszick  v The Queen
Case number
SC 103/2009
Summary
Criminal – Appeal against conviction – Criminal Procedure – Abuse of Process – Delay – Appellant granted adjournment by Court of Appeal on strict terms with which he failed to comply – Whether Court of Appeal erred in concluding no merit in grounds of appeal raised – Whether Court of Appeal erred in not affording the appellant additional time to investigate grounds of complaint.[2009] NZCA 515    CA  269/2008  27 October  2009
Result
Application for leave to appeal granted on the question whether the applicant was denied his right to appeal.
20 April 2010
___________________
A The appeal is allowed and the order made by the Court of Appeal set aside. B The appellant’ s appeal against his conviction is remitted to the Court of Appeal for determination in accordance with s 385(1) of the Crimes Act 1961.
24 August 2010
Transcripts
Media Releases
Leave judgment - leave granted
Substantive judgment
Substantive judgment / Media release
Transcript

Hearing date : 23 July 2010

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ
Case name
Ghlenn Thomas Douglas Gollop  v The Queen
Case number
SC 104/2009
Summary
Criminal Appeal – appeal against sentence – whether the Court of Appeal erred in finding without evidence to the required standard that the quantum of manufacture was 250g which materially effected the level of sentence in terms of s 24 of the Sentencing Act 2002 – whether the Court of Appeal erred in finding the minimum term of imprisonment was justified when the appellant was not represented by counsel at sentencing, contrary to s 30 of the Sentencing Act 2002.[2009] NZCA 486    CA  162/200  19 October  2009
Result
Application for leave to appeal dismissed.
17 December 2009
Leave judgment - leave dismissed
Case name
Dean Noble v The Queen
Case number
SC 108/2009
Summary
Criminal – Appeal against conviction – Assault – Sexual Violation – Whether Court of Appeal erred in law in its findings regarding admissibility and credibility – Whether Court of Appeal erred in concluding trial Judge’s irregular jury directions on previous inconsistent statements could not have, either on their own or in conjunction with any of the other alleged errors, have affected the trial result and led to a miscarriage of justice on a R v Matenga [2009] 3 NZLR 145 analysis.[2009] NZCA 507    CA  633/2008  23 October  2009
Result
Application for leave to appeal dismissed.
16 July 2010
Leave judgment - leave dismissed
Case name
Adrian Stanley Budd v The Queen
Case number
SC 109/2009
Summary
Criminal appeal – Sexual offences – whether the Court of Appeal erred in finding there was no miscarriage of justice within s 385(1) (c) Crimes Act 1961 on the basis trial counsel was not incompetent.  [2009] NZCA 419     CA  747/2008 21 September  2009
Result
Application for leave to appeal dismissed.
12 July 2010
Leave judgment - leave dismissed
Case name
Edward Woodrow Collins v The Queen
Case number
SC 110/2009
Summary
Criminal – Conspiracy to manufacture Class A drug – Whether the Court of Appeal erred in finding that the trial Judge gave proper jury directions on the evidence of co-conspirators – Whether the Court of Appeal erred in not ruling whether there was reasonable evidence that the applicant adhered to the conspiracy.[2009] NZCA 519    CA  119/2009    4 November  2009
Result
Application for leave to appeal dismissed.
2 March 2010
Leave judgment - leave dismissed
Case name
Stephen Leslie Jellyman v The Queen
Case number
SC 112/2009
Summary
Criminal Appeal – whether the sentence of preventive detention was manifestly excessive; Whether the appellant’s right to silence and right against self-incrimination were breached by admitting the appellant’ s videotaped statement to police; Whether the complainant, who was intellectually disadvantaged, understood either the oath or the moral or legal consequences of not telling the truth and thereby occasioning a miscarriage of justice; Whether the complainant’s unsworn evidence was admissible.[2009] NZCA 532    CA  6/2009   12  November  2009
Result
Application for leave to appeal dismissed.
12 March 2010
Leave judgment - leave dismissed
Case name
Garry Maui Isherwood v The Queen
Case number
SC 115/2009
Summary
Criminal – Appeal against conviction and sentence – Administering a Class B drug and sexual violation – Whether miscarriage of justice – Incompetence of trial counsel – Whether Court should admit new evidence.CA  182/2004   14 March 2005
Result
Application for leave to appeal dismissed. 9 February 2010
Leave judgment - leave dismissed
Case name
Matthew John Birchler v New Zealand Police
Case number
SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83  25 November 2009
Result

Application for leave to appeal granted.

18 March 2010

_____________________________

Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.

Reasons to be given later.

Case name
Ross Francis Hookway v The Queen
Case number
SC 1/2008
Summary
Criminal appeal – whether trial counsel is required to inform an accused of his or her right to instruct counsel and for counsel to be bound by those instructions – whether trial Judge was correct to give a Papadopoulos direction when the jury appeared to be deadlocked.[2007] NZCA 567 CA 466/06 11 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.

9 April 2008

Case name
A v The Queen
Case number
SC 4/2008
Summary
Criminal – applicant convicted of sexual violation by rape – victim was applicant’s three-year-old daughter – charges were brought after victim was diagnosed with gonorrhoea. Whether alleged expert evidence, supporting the possibility of non-sexual transmission of the disease, renders the conviction unsafe – application for leave to appeal out of time due to newly available evidence.CA 508/04 28 November 2005
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.

9 April 2008