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
Aotearoa International Limited v Paper Reclaim Limited
Case number
SC 28/2006
Summary
Civil – exclusion from export venture – whether Court of Appeal erred in its determination of an appropriate notice-of-termination period – whether Court of Appeal wrong to interfere with trial Judge’s finding that respondent’s sales of waste paper to third party for export was in breach of its contract with the applicant – whether Court of Appeal wrong to deny applicant equitable relief for loss arising from breach of fiduciary duty – whether Court of Appeal wrong to interfere with trial Judge’ s finding that respondent’s principals made false affidavits and gave false evidence in denying existence of contract and therefore whether Court of Appeal erred in setting aside costs awarded on an indemnity basis. CA 70/04 14 March 2006
Result
Leave to Appeal granted.
2 June 2006
2 June 2006
Transcripts
- Hearing date 5 March 2007 SC 25/ and SC 282006 (PDF, 604 KB)
Media Releases
- MR [2007] NZSC 26 (PDF, 89 KB)
Leave judgment - leave granted
Supreme court decision
Substantive judgment
Judgment appealed from
Case name
Peter Mana McNamara v The Queen
Case number
SC 33/2006
Summary
Criminal – appeal against conviction – sexual offending – complainant protected by Evidence Act 1908, s 23A – complainant’ s credibility in issue – Crown Prosecutor addressed complainant’s sexual experience and reputation in submissions – defence unable to respond to those submissions without leave – whether the submissions breached the spirit and intent of s 23A – whether the trial Judge failed to adequately direct jury not to accept or to ignore the submissions CA 310/05 11 April 2006
Result
Application for leave to appeal dismissed.
29 June 2006
29 June 2006
Leave judgment - leave dismissed
MCNAMARA V R SC 33/2006 [29 June 2006] (PDF, 15 KB)
Case name
Alistair James Haskett v The Queen
Case number
SC 34/2006
Summary
Criminal – appeal against conviction for driving at a speed exceeding 100 kilometres per hour – use of speed camera image as evidence of offence – whether production of image purporting to be taken by approved vehicle surveillance equipment is sufficient evidence to prove offence – requirements for testing and accuracy of approved vehicle surveillance equipment – Land Transport Act 1998, ss 145, 146 CA 261/05 30 March 2006
Result
Application for leave to appeal dismissed.
3 July 2006
3 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
HASKETT v R SC 34/2006 [3 July 2006] (PDF, 20 KB)
Case name
Glen Dallas Goldberg v The Queen
Case number
SC 40/2006
Summary
Criminal – appeal against conviction and sentence for wilfully attempting to pervert the course of justice – appellant wrote letters purporting to be from rape complainants, suggesting that their complaints were false – whether appellant gave counsel instructions to pass the letters on to police – whether Court of Appeal erred in failing to accept breach of solicitor/client privilege – whether Court of Appeal erred in failing to exclude evidence of psychologists in sentencing – whether the Court of Appeal erred in finding sentence not manifestly excessive – conduct of Crown counsel. CA 10/05 4 May 2006
Result
Application for leave to appeal dismissed.
9 August 2006
9 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
GOLDBERG V R SC 40/2006 [9 August 2006] (PDF, 67 KB)
Case name
Qiu Jian v The Queen
Case number
SC 41/2006
Summary
Criminal Appeal – appeal against conviction for blackmail – whether standard of proof required for Crown to satisfy co-conspirators rule of evidence is on balance of probabilities or reasonable evidence of common intention – whether failure to advise defendant to testify in her own defence amounted to a miscarriage of justice – whether trial judge failed to give sufficient direction to jury on use which could be made of threats made by alleged co-conspirators. CA 495/05 3 May 2006
Result
29 September 2006 – Application for leave to appeal granted.
_____________________
Appeal allowed, conviction is quashed. New Trial ordered.
5 July 2007
Substantive judgment
Judgment appealed from
Leave judgment - leave granted
Case name
Wali Javad Allahyai v The Queen
Case number
SC 47/2006
Summary
Criminal – appeal against Court of Appeal judgment, dismissing appeals against conviction and sentence for wounding with intent to cause grievous bodily harm – fresh evidence – whether the Court of Appeal erred by not admitting fresh evidence advanced on appeal to that court – further fresh evidence that should be admitted now – whether there was an unfair trial and appeal due to police conduct. CA 330/04 7 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
ALLAHYAI v R SC 47/2006 [5 October 2006] (PDF, 23 KB)
Case name
Ronald Gerald Clark v The Queen
Case number
SC 50/2006
Summary
Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test. CA 479/05 12 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
CLARK V R SC 50/2006 [26 September 2006] (PDF, 16 KB)
Case name
James Charles Morris Parlane v Waipa District Council
Case number
SC 53/2006
Summary
Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967. CA 319/05 6 July 2006
Result
Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Frank Louis Miessen v The Queen
Case number
SC 59/2006
Summary
Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence – admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution. CA 222/05 6 July 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
MIESSEN V R SC 59/2006 [26 September 2006] (PDF, 15 KB)
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