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 July 2026
Case information summary (as at 17 July 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 July 2026) – Cases where leave to appeal decision not yet made (PDF, 128 KB)
All years
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
Justin Leigh Harney v New Zealand Police
Case number
SC 94/2009
Summary
Criminal – appeal against conviction - appellant convicted in the District Court on charges of reckless driving and failing to stop – whether the Judge was correct in finding that there were good reasons for not following a formal identification procedure – whether the Judge was correct in finding that the circumstances in which the identification was made produced a reliable identification beyond reasonable doubt - application made to appeal from the High Court directly to the Supreme Court because the area of law has recently been considered by the Court of Appeal and the Court is divided on this issue.CRI 2009 – 409 – 141 13 October 2009
Result
Application for leave to appeal dismissed. 8 December 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154 CA 227/07 6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
- Hearing date 2 December 2008 (PDF, 186 KB)
Media Releases
- sc 33 2008 aylwin v new zealandpolice (PDF, 87 KB)
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
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
Alan Ivo Greer v The Queen
Case number
SC 6/2007
Summary
Criminal appeal – Bail Act 2000 – convictions for sexual offences and disqualification from driving – application for bail pending hearing of appeals – application rejected by Court of Appeal, citing lack of change of circumstances since previous application and ongoing risk to safety of public and of victims –allegations of bias and predetermination against Court of Appeal and of improper conduct by various officials of the justice system. CA 179/06 21 December 2006
Result
Application for leave to appeal dismissed. 16 May 2007
Leave judgment - leave dismissed
CA judgment
Case name
Manu Chhotubhai Bhanabhai and Douglas Mark Andrew Burgress v Commissioner of Inland Revenue
Case number
SC 11/2007
Summary
Civil appeal – as part of an agreement to settle GST arrears arising from the development of an apartment complex, solicitors for property developers gave an undertaking to the Commissioner of Inland Revenue that arrears would be cleared using proceeds from the sale of certain apartment units – in the event, GST arrears not paid – property developers put into liquidation - liquidators commenced proceedings, to which Commissioner was party, against the directors for reckless trading – proceedings settled in favour of liquidators with large cash payment, although no portion of payment could be applied towards the debt owed to the Commissioner – in separate proceedings, giving rise to present application, Commissioner awarded compensation against solicitors in their personal capacity for breach of undertaking – whether factual findings and reasoning at first instance were incorrect - whether the Court of Appeal erred in treatment of certain evidence going towards the nature of the undertaking – whether, given the antecedent proceedings by the liquidators, the claim by the Commissioner amounted to an abuse of process. CA 218/05 20 December 2006
Result
Leave to appeal dismissed. 26 April 2007
Leave judgment - leave dismissed
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
Alan Ivo Greer v The Queen
Case number
SC 89/2007
Summary
Criminal appeal – rehearing of appeal against conviction for driving while disqualified, pursuant to R v Smith [2003] NZLR 617 – whether Court of Appeal erred in not allowing appeal against conviction - whether the applicant was prevented from bringing a defence because photographic and transcript evidence had been destroyed or not disclosed - whether the Court of Appeal gave proper consideration to evidence – whether applicant was given necessary access to Court records – whether there was a miscarriage of justice. [2007] NZCA 517 CA 161/06 20 November 2007
Result
Application for leave to appeal dismissed.
22 May 2008
22 May 2008
Leave judgment - leave dismissed
GREER v R SC 89/2007 [22 May 2008] (PDF, 14 KB)
Judgment appealed from
Case name
Timothy Holden Tipple v The Queen
Case number
SC 19/2006
Summary
Criminal – appeal against conviction and sentence for dealing with a firearm with reckless disregard for the safety of others – Arms Act 1983, s 53(3) – whether purposive approach should be taken to interpretation of criminal offences – meaning of “reckless disregard” – whether recklessness has objective component – whether “deals with a firearm” includes supervising third party use of the firearm – admissibility of evidence obtained by police prior to cautioning – whether verdict unreasonable or not supported by the evidence – allegations of bad faith or bias against police and District Court Judge – consequences of amending indictment mid-trial – effect of facts proved at trial on sentencing – Sentencing Act 2002, s 24(1) – whether entitled to discharge without conviction – Sentencing Act 2002, s 106 CA 217/05 22 December 2005
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
TIPPLE v R SC 19/2006 [11 April 2006] (PDF, 17 KB)
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