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.
20 March 2026
Case information summary 2025 (as at 20 March 2026) – Cases where leave granted (PDF, 88 KB)
Case information summary 2025 (as at 20 March 2026) – Cases where leave to appeal decision not yet made (PDF, 123 KB)
All years
Case name
Z v Dental Complaints Assessment Committee
Case number
SC 22/2007
Summary
Civil – Whether the Court of Appeal erred when it concluded that in dental disciplinary proceedings, where the subject of the charge amounts to an allegation of a criminal offence, the civil standard of proof should be applied – whether the Court of Appeal erred by concluding that where the charge is a serious one there is no real distinction between the civil and criminal standards of proof – whether the Court of Appeal erred in concluding that it would not be an abuse of process for the appellant to face a disciplinary charge which repeats the criminal allegations for which he was acquitted. CA 231/05 22 March 2007
Result
Application for leave to appeal granted
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
Media Releases
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Kurt John Owen v The Queen
Case number
SC 25/2007
Summary
Criminal – appeal against conviction – whether discretion to consider appeals on the basis of unreasonable verdicts has been unduly restricted – complaint about the adequacy of summing up by trial judge – emotive summing up by prosecution – direction by trial judge concerning prosecution’s comment on the right to silence – trial judge’ s use of the transcript – whether Court of Appeal was correct to hold that overall there was no miscarriage of justice.CA 342/06 21 March 2007
Result
Application for leave to appeal granted.
29 June 2006
________________________
Appeal dismissed.
11 December 2007
29 June 2006
________________________
Appeal dismissed.
11 December 2007
Media Releases
- mediarelease owen (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
OWEN V R SC 25/2007 [11 December 2007] (PDF, 57 KB)
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Sione Tau Uluakiola v The Queen
Case number
SC 28/2007
Summary
Criminal – appeal against conviction – provocation – whether R v Tai [1976] 1 NZLR 102 should be overruled – meaning of “ ordinary person” in s 169(2)(a) of the Crimes Act 1961 – whether appellant’ s Tongan ethnicity and background a qualifying “special characteristic” that could have increased the gravity of the provocation. CA 123/06 6 December 2006
Result
Application for leave to appeal dismissed
22 June 2007
22 June 2007
Leave judgment - leave dismissed
ULUAKIOLA v R SC 28/2007 [22 June 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Brian Johnson Mankelow v The Queen
Case number
SC 30/2007
Summary
Criminal – appeal against conviction – trial directions as to inferences – whether the Court of Appeal should have reconsidered its decision in 2005 that certain evidence was admissible in light of the decision of the Court of Appeal in R v Williams [2007] NZCA 52 – whether there has been a substantial miscarriage of justice. CA 443/06 19 April 2007
Result
Application for leave to appeal dismissed.
20 July 2007
20 July 2007
Leave judgment - leave dismissed
MANKELOW v R SC 30/2007 [20 July 2007] (PDF, 15 KB)
Judgment appealed from
Case name
Kem Raju Samy v The Queen
Case number
SC 32/2007
Summary
Criminal appeal – Appeal against conviction - whether the Court of Appeal dismissed the appellant’s appeal without allowing him to be properly heard – whether the appellant should have been permitted to return to New Zealand for the Court of Appeal hearing of his appeal against conviction - whether an adjournment should have been given to allow the appellant to be located and cross-examined via video-conference. CA 123/05 23 April 2007
Leave judgment - leave dismissed
SAMY v R SC 32/2007 [5 December 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Joseph Ronald Belcher v The Chief Executive of the Department of Corrections
Case number
SC 33/2007
Summary
Criminal – sexual offending – appeal against sentence – applicant first sentenced in 1996 – Extended Supervision Order (ESO) imposed in 2005 – whether applicant received a fair hearing by an independent tribunal – whether imposition of ESO was unlawful, arbitrary and manifestly excessive – whether process by which ESO was imposed was flawed in relation to admissibility and treatment of evidence or otherwise – whether Court of Appeal erred in holding it had no jurisdiction to make a declaration of inconsistency of the Parole (Extended Supervision) Amendment Act 2004 with the New Zealand Bill of Rights Act 1990.CA 185/05 3 May 2007
Result
Application for leave to appeal dismissed.
16 July 2007
16 July 2007
Leave judgment - leave dismissed
Case name
Raymond Fraser Kara v The Queen
Case number
SC 34/2007
Summary
Summary Criminal – appeal against increase in sentence as result of successful Solicitor-General’s appeal – Court of Appeal took premeditation into account as additional aggravating factor – whether Court of Appeal formed mistaken understanding of facts of offending. CA 416/06 11 May 2007
Result
Application for leave to appeal is dismissed.
23 July 2007
23 July 2007
Leave judgment - leave dismissed
KARA v R SC 34/2007 [23 July 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Philip David Sturm v The Queen
Case number
SC 35/2007
Summary
Criminal – appeal against conviction – in relation to appellant’ s conviction for stupefying with intent to facilitate the commission of a crime Court of Appeal held that Crown had to prove not only an intention to facilitate the commission of a crime but also an intention to stupefy – trial directions – whether Court of Appeal erred in finding that trial Judge’s directions were sufficient regarding the intention to stupefy – whether Court of Appeal should have focused on whether directions contained an error of law giving rise to a substantial miscarriage of justice rather than focusing on sufficiency of directions – whether Court of Appeal erred in holding that even if directions were unsatisfactory the appellant was clearly subjectively reckless – whether Court of Appeal erred in finding no error in trial Judge’s direction that the voluntary consumption of drugs and alcohol was irrelevant to stupefying counts – whether Court of Appeal erred in concluding that there was no merit in the suggestion that the verdict on the stupefying count “coloured” the other verdicts.CA 35/2007 4 May 2007
Result
Application for leave to appeal dismissed.
2 August 2007
2 August 2007
Leave judgment - leave dismissed
STURM V R SC 35/2007 [2 August 2007] (PDF, 17 KB)
Judgment appealed from
Case name
Palmiro McDonald v The Queen
Case number
SC 36/2007
Summary
Criminal appeal – Crimes Act 1961, s 339 – exercise of discretion by trial judge to include an lesser charge – whether jury direction effective to cure any prejudice caused by disclosure of inadmissible evidence at trial. CA 356/06 20 April 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
McDONALD v R SC 36/2007 [21 August 2007] (PDF, 22 KB)
Judgment appealed from
Case name
Jason Glen Vincent v The Queen
Case number
SC 41/2007
Summary
Criminal appeal – whether trial lawyer erred in not disclosing, so as not to prejudice jury against appellant, appellant’s previous offending that may be relevant to appellant’s defence of self-defence – whether prosecution’s reference to appellant’s tough reputation had unfairly prejudiced jury against appellant – whether preventive detention justified in circumstances.CA 3/07 CA 481/06 13 June 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
VINCENT v R SC 41/2007 [21 August 2007] (PDF, 62 KB)
Judgment appealed from
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