Supreme Court case information

Civil Appeal

A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
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A The appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.    

B The further evidence described below at [156] is admitted.  

C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.

E Costs are reserved.                                                                                                                        

15 August 2025

Civil Appeal

A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
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A The appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.    

B The further evidence described below at [156] is admitted.  

C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.

E Costs are reserved.                                                                                                                         15 August 2025

Criminal Appeal

A Leave to appeal is granted (Tamihere v R [2024] NZCA 300).
B The approved question is whether the Court of Appeal was correct not to exercise its jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions.
20 December 2024
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A The application to adduce further evidence is dismissed.
B The appeal is allowed.
C We exercise the Court’s jurisdiction under s 406(1)(a) of the Crimes Act 1961 to quash Mr Tamihere’s convictions. We make an order directing a retrial.
D Order redacting paragraphs [49]–[61], [79]–[120], [147]– [161], [163]–[164] and [167]–[170] from the judgment delivered on 31 March 2026.
E Order prohibiting publication of the unredacted version of the judgment pending final disposition of retrial.     
31 March 2026

Criminal Appeal

A The application for an extension of time to apply for leave to appeal is granted.
B Leave to appeal is granted in part (Jury v R [2024] NZCA 320).
C The approved questions are:
(a) whether the High Court erred by admitting the hearsay statements of Rex Maney in evidence, and if so, whether the error occasioned a miscarriage of justice; and
(b) whether the trial Judge’s failure to give a reliability direction under s 122 of the Evidence Act 2006 with respect to those statements occasioned a miscarriage of justice.
D The application for leave to appeal is otherwise dismissed.
17 March 2025

Civil Appeal 

A The application for leave to appeal is granted (Pascoe v Minister for Land Information [2024] NZCA 557).
B The approved question is whether the Court of Appeal was correct to find that negotiations prior to the compulsory acquisition of land for essential works, under s 18 of the Public Works Act 1981, may be undertaken by an accredited contractor rather than by the Respondent personally (or an official of Toitū Te Whenua | Land Information New Zealand with delegated authority by the Respondent).
C Counsel to assist the Court will be appointed by the Registrar.                          
19 May 2025

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A The application of counsel assisting the Court for leave to adduce further evidence is granted.
B The Court answers the question for which leave was granted in the following way: the negotiations function under s 18(1)(d) of the Public Works Act 1981 may be performed by an accredited contractor, rather than the Minister personally or the Minister’s delegate within Toitū Te Whenua | Land Information New Zealand (LINZ), provided the accredited contractor holds delegated authority to perform that function.
C The Court finds that LINZ officials delegated the negotiations function outside the Public Service in this case but did not follow the necessary statutory processes.  The appellants did not refuse to negotiate, for purposes of s 18(2), by refusing to deal with the accredited contractor.
D The appeal is allowed accordingly.  The proceeding is remitted to the High Court to determine what relief, if any, is appropriate.
E The respondent must pay the appellants one set of costs of $3,000 plus usual disbursements. 
18 December 2025

Civil Appeal 

A    Kea Investments Ltd’s application for leave to appeal is granted (Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901).
B    The approved question is whether the Court of Appeal was correct to discharge the permanent anti-suit and anti-enforcement injunctions awarded to Kea Investments Ltd in the High Court.
C    Counsel to assist the Court will be appointed by the Registrar.
D    The applications to adduce further evidence are dismissed.
E    The application to extend the stay in Wikeley v Kea Investments Ltd [2024] NZCA 686, (2024) 26 PRNZ 667 is granted pending determination of the appeal. 
 4 July 2025
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A The application for adjournment is dismissed.
B Costs are reserved.                                                                                
30 September 2025
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A The appeal from the decision of the Court of Appeal in Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901 is allowed.
B The orders made by the High Court in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3260 at [156(a)(i) - (iv)], and in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3532 at [7], are reinstated.
C Costs are reserved. 
10 November 2025

Criminal Appeal

A Leave to appeal is granted ([2024] NZCA 626).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against sentence.
04 April 2025
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A The appeal is allowed.
B The proceeding is remitted to the District Court for resentencing.
C The applications to adduce further evidence and for name suppression are dismissed.
D Bail is granted on the terms currently applicable, as amended by this Court’s minute of 10 March 2026. Any application for variation to bail shall be addressed by the District Court.

Civil Appeal - Application for leave to bring an appeal

A The applications to adduce further evidence are dismissed.
B Mr Wikeley’s application for leave to appeal is dismissed.
C The applicant must pay the respondents one set of costs of $2,500.                
4 July 2025