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
Shane Edward Williams v The Queen
Case number
SC 61/2008
Summary
Criminal appeal – appeal against conviction – conspiracy to manufacture methamphetamine – section 25(b) New Zealand Bill of Rights Act 1990 – whether High Court Judge should have stayed the criminal proceedings after making finding of undue delay in bringing the applicant to trial – stay granted in relation to eight co-accused – whether applicant should have received same remedy.[2008] NZCA 296 CA 664/2007 12 August 2008
Result
Application for leave to appeal granted.
3 November 2008
________________________
Appeal dismissed.
15 May 2009
Media Releases
Leave judgment - leave granted
WILLIAMS v R SC 61/2008 [3 November 2008] (PDF, 12 KB)
Substantive judgment
SHANE EDWARD WILLIAMS v R SC 61/2008 [15 May 2009] (PDF, 48 KB)
Transcript

Hearing date : 26 February 2009
Case name
Slawomir Ryszard Bujak v Solicitor-General
Case number
SC 64/2008
Summary
Civil – Mutual Assistance in Criminal Matters Act 1992 – whether the Court of Appeal erred in finding that an order for the seizure of property in Poland could be registered in New Zealand under s 55 of the Mutual Assistance in Criminal matters Act 1992.[2008] NZCA 334  CA 679/2008  11 September 2008
Result
Application for leave to appeal granted.
11 November 2008
_____________________________
Appeal dismissed. Costs to respondent $15,000 and reasonable disbursements.
15 May 2009
Media Releases
Leave judgment - leave granted
BUJAK v SOLICITOR-GENERAL SC 64/2008 [11 November 2008] (PDF, 12 KB)
Substantive judgment
SLAWOMIR BUJAK v THE SOLICITOR-GENERAL SC 64/2008 [15 May 2009] (PDF, 56 KB)
Transcript

Hearing date : 31 March 2009
Case name
Kevin Francis John Casey v The Queen
Case number
SC 66/2008
Summary
Criminal Appeal – pre-trial application – drink driving – admissibility of evidential breath test printout – whether there was a lawful roadside detention – whether the Court of Appeal correctly interpreted s 114 of the Land Transport Act 1998 – claim proper breath screening procedure was not adopted – whether s 30 of the Evidence Act 2006 should have been applied to this claim – whether the right to consult a lawyer under s 23(1)(b) of the New Zealand Bill of Rights Act was complied with[2008] NZCA 335  CA 246/2008  1 September 2008
Leave judgment - leave dismissed
CASEY v R SC 66/2008 [5 December 2008] (PDF, 16 KB)
Dates

Application for leave to appeal dismissed.            

5 December 2008
Case name
M v The Queen
Case number
SC 71/2008
Summary
Criminal Appeal – appeal against conviction – sexual conduct with a child under 12 years – miscarriage of justice – whether trial judge was correct to rule that the adducing of defence character evidence as to the applicant’s behaviour in relation to children would allow the Crown to adduce evidence regarding the applicant’s conviction for allowing his 14 year old daughter to drive a motor vehicle – whether trial defence counsel should have adduced the character evidence despite the judge’ s ruling – whether the judge would have then been required to give a further good character direction to the jury – [2008] NZCA 358   CA 259/07    10 September  2008
Leave judgment - leave dismissed
M v R SC 71/2008 [10 December 2008] (PDF, 18 KB)
Dates
Application for leave to appeal dismissed.

10 December 2008
Case name
Geoffrey Martin Smith  v The Queen
Case number
SC 73/2008
Summary
Criminal – application for leave to appeal against conviction – applicant convicted of offences against the Tax Administration Act 1994 – nature of intent required by s 143B(1)(f) of the Act – whether s 109 of the Act applies to evidence in a criminal trial – whether the trial Judge misdirected the jury in relation to PAYE, GST, and the impact of certain assessments before them. [2008] NZCA 371   CA 275/2008   17 September  2008
Leave judgment - leave dismissed
SMITH v R SC 73/2008 [12 December 2008] (PDF, 23 KB)
Dates

Application for leave to appeal dismissed.

12 December 2008.
Case name
Joseph Russell Rewiri v The  Queen
Case number
SC 78/2008
Summary
Criminal – provocation – whether the Court of Appeal erred in concluding that the application had no “special characteristic” relevant to provocation – whether the Court of Appeal applied the correct test for special characteristic.[2008] NZCA 355  CA 140/2008 8 September 2008
Leave judgment - leave dismissed
REWIRI v R SC 78/2008 [5 December 2008] (PDF, 15 KB)
Dates

Application for leave to appeal refused. 

5 December 2008.
Case name
Alistair Maurk Stuart Lyon v The Queen.
Case number
SC 79/2008
Summary
Criminal – Appeal against sentence – Whether the Court of Appeal erred in upholding the non-custodial sentences imposed by the District Court on the appellant. [2008] NZCA 415  CA 305/2008  10 October 2008
Leave judgment - leave dismissed
LYON v R SC 79/2008 [17 December 2008] (PDF, 15 KB)
Dates

Application for leave to appeal dismissed.

17 December 2008
Case name
Eric Barry Stewart v The Queen
Case number
SC 81/2008
Summary
Criminal Appeal – fraudulent use of medical certificates on ACC forms appeal against conviction – motive to lie – whether the prosecutor’ s comments to the jury about the applicant’s motive to lie amounted to a miscarriage of justice – whether the trial judge should be required to correct these comments in summing up – whether the Court of Appeal erred in finding that the prosecutor’s questioning of defence expert witness did not amount to a miscarriage of justice because the witness did not provide the applicant with a defence – whether this questioning was without foundation, an error of law and unfair [2008] NZCA 341 CA 231/07 2 September 2008
Result
Application for leave to appeal granted
5 February 2009
_________________________
Appeal allowed, convictions quashed. No order for retrial.
28 May 2009
Transcripts
Media Releases
Leave judgment - leave granted
STEWART v R SC 81/2008 [5 February 2009] (PDF, 12 KB)
Substantive judgment
STEWART v R SC 81/2008 [28 May 2009] (PDF, 56 KB)
Case name
James Hemi Biddle  v The Queen
Case number
SC 82/2008
Summary
Criminal – Appeal against conviction – Robbery – Criminal Procedure – Judge’s summing up – Whether Court of Appeal erred in concluding trial Judge’s summing up to jury on issues of credibility and reliability was appropriate – Whether Court of Appeal erred in concluding trial Judge’s summing up did not give rise to miscarriage of justice.[2008] NZCA 398  CA 243/2008   30 September 2008
Leave judgment - leave dismissed
BIDDLE v R SC 82/2008 [5 December 2008] (PDF, 13 KB)
Dates

Application for leave to appeal refused.

5 December 2008.
 Hearing

7 July 2009
 Result
Appeal dismissed.

16 July 2009
Case name
Bernard Terence Whimp v The Queen
Case number
SC 83/2008
Summary
Criminal appeal – Companies Act 1993 – applicant convicted of burglary, removing records of a company in liquidation, and failing to supply records of a company in liquidation – whether the Court of Appeal erred in concluding there was sufficient evidence to establish a tenancy of the premises which could be enforced by the liquidator – whether the Court of Appeal relied on inadmissible secondary and hearsay evidence in doing so – whether the Court of Appeal erred in concluding that there was sufficient evidence of a licence over the property, the circumstances of which determined the applicant’s rights in relation to the premises and rendered him a trespasser – whether the  Court of Appeal erred in determining the scope of a liquidator’s powers under s 261(1) of the Act.[2008] NZCA 405  CA 523/2008   8 October  2008
Leave judgment - leave dismissed
WHIMP v R SC 83/2008 [4 February 2009] (PDF, 17 KB)
Dates

Application for leave to appeal dismissed.

4 February 2009
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