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
Christine Mary Herron and another v Westpac New Zealand Limited
Case number
SC 121/2011
Summary
Civil Appeal – Evidence – Whether the Court of Appeal erred in its assessment of a witness’s credibility – Whether the Court of Appeal erred in its treatment of evidence that was allegedly of a hearsay character – Whether the respondent breached any of its obligations in relation to putting relevant evidence (allegedly in its possession) before the Court.[2011] NZCA 544  CA 505/2010
Dates
Application for leave to appeal dismissed with costs $2,500 to  the respondent.
17 February 2012.
Case name
Mark Terence Pearson v The Queen
Case number
SC 125/2011
Summary
Criminal Appeal – Section 76 of the Evidence Act 2006 – Illegitimate reasoning by jury – That the Court of Appeal was wrong to decline to interview one of the jury members at the appellant’s trial – That the application should be heard out of time. [2011] NZCA 572  CA 411/2011
Dates
Application for leave to appeal dismissed.
27 April 2012.
Case name
Ross Nathan v The Queen
Case number
SC 126/2011
Summary
Criminal Appeal – Attempt to adduce fresh evidence – Whether evidence of the complainant allegedly being in a sexual relationship at the time that the offence was committed was relevant to the complainant’ s reliability and credibility – Whether failure to adduce that evidence resulted in a substantial miscarriage of justice.[2011] NZCA 578  CA 318/2011
Dates
Hearing
Case name
Ricardo Aryan v The Queen
Case number
SC 128/2011
Summary
Criminal Appeal – Appeal against the decision of the Court of Appeal, which dismissed the applicant’s appeal against conviction – Whether conviction should be appealed because of fresh evidence.[2010] NZCA 57  CA 614/2009
Dates
Application for leave to appeal dismissed.
13 March 2012.
Case name
William Patrick Jeffries v The Privacy Commissioner
Case number
SC 5/2010
Summary
Civil – Litigation privilege – Whether the Court of Appeal erred in holding that unsolicited communication does not attract litigation privilege under s56 of the Evidence Act 2006 – Whether the Court of Appeal erred in interpreting the word ‘person’ in s91(4) of the Privacy Act 1993 – Whether the Court of Appeal was correct to apply s74 of the Evidence Act 2006 to matters before the Privacy Commissioner – Whether the Court of Appeal erred in law in failing to review the Privacy Commissioner’ s decisions – Whether the Court of Appeal erred in not addressing s27 of the New Zealand Bill of Rights Act 1990.[2009] NZCA 567  CA 339/2008  3 December 2009
Result
Application for leave to appeal granted. The approved ground is whether unsolicited communications received by the applicant while acting as a barrister are capable of attracting litigation privilege.
31 March 2010
_______________________
The appeal  is dismissed. Any claim of privilege must be referred for the determination of the Privacy Commissioner in accordance with this judgment. No order for costs is made.
12 August 2010
Media Releases
Leave judgment - leave granted
JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [31 March 2010] (PDF, 47 KB)
Substantive judgment
JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [12 August 2010] (PDF, 104 KB)
Transcript

Hearing date : 21 July 2010

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Case name
Jason Mark Ferguson  v The Queen
Case number
SC 14/2010
Summary
Criminal Appeal – Murder – Provocation – Whether defendant’ s confession to police admissible given his intellectual disability (defendant seeks to adduce new evidence) – Whether sentence of detention in secure care should be substituted pursuant to the Intellectual Disabilities (Compulsory Care and Rehabilitation) Act 2003 and Criminal Procedure (Mentally Impaired Persons) Act 2003 – Whether substitution of sentence is required under the International Covenant on Civil and Political Rights and the New Zealand Bill of Rights Act 1990.[2010] NZCA 2  CA 594/2008   3 February 2010.
Leave judgment - leave dismissed
FERGUSON v R SC 14/2010 [29 July 2010] (PDF, 47 KB)
Dates

Application for leave to appeal  is dismissed.

29 July 2010.
Case name
Jamie Ronaki Kissling v The Queen       
Case number
SC 19/2010
Summary
Criminal – Production and possession of methamphetamine – Lack of evidence – Whether the Court of Appeal, having quashed the charge of manufacturing methamphetamine for want of evidence, erred in refusing to quash the charges relating to possession of precursor equipment and methamphetamine[2009] NZCA 289   CA 5/2009
Leave judgment - leave dismissed
KISSLING v R SC 19/2010 [9 June 2010] (PDF, 34 KB)
Dates

Application for leave to appeal dismissed.

9 June 2010.
Case name
Cyndi Marcia Fairburn v The Queen
Case number
SC 20/2010
Summary
Criminal – Murder – Whether the Court of Appeal erred in law by refusing to allow fresh evidence from expert witnesses[2010] NZCA 44   CA 169/2009
Result
 

Further evidence is admitted.

The appeal is allowed and the conviction is quashed.

A new trial is ordered.

17 December 2010.
Hearing

29 and 30 November 2010.

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Dates

The application for leave to appeal is granted

The approved ground is whether, in the light of the further evidence tendered in this Court and in the Court of Appeal, there has been a miscarriage of justice

18 June 2010
Case name
Jonathan Ian Blake v The Queen
Case number
SC 23/2010
Summary
Criminal Appeal – Whether Court of Appeal erred in dismissing appeal against conviction – Whether erroneous legal advice given to Appellant by trial counsel on possible admissibility of previous convictions in cross-examination had a material influence on his decision not to give evidence at trial.  [2010] NZCA 61  CA 278/2009  11 March 2010
Leave judgment - leave dismissed
BLAKE v R SC 23/2010 [16 June 2010] (PDF, 47 KB)
Dates

Application for leave to appeal dismissed.

22 June 2010.
Case name
Brett Stephen Taylor v The Queen
Case number
SC 26/2010
Summary
Criminal Appeal – Unlawful sexual connection – whether the trial Judge erred in his failure to give directions in relation to the unreliability of the complainant’s evidence pursuant to s 122 of the Evidence Act 2006 – whether the inadequacy of the trial Judge’s directions regarding prejudice caused a substantial miscarriage of justice – whether the Court of Appeal erred in refusing to admit new expert evidence on appeal[2010] NZCA 69  CA 147/2009   16 March 2010
Leave judgment - leave dismissed
TAYLOR v R SC 26/2010 [20 July 2010] (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.

20 July 2010.
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