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.
19 June 2026
Case information summary (as at 19 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 19 June 2026) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
ANZO Foods Waitara Limited, Itoham New Zealand Limited & Riverlands Limited v Affco New Zealand Limited
Case number
SC 41/2005
Summary
Encumbrance - interpretation - whether certain meat processing activity within terms of encumbrance - competition law - whether encumbrance prohibited by Commerce Act 1986, sections 27 and 28. CA 181/04 23 June 2005
Result
For hearing 26 July 2005 Notice of abandonment being lodged the appeal is deemed to be dismissed.1 August 2005.
Judgment appealed from
Case name
David Fruean v The Queen
Case number
SC 43/2005
Summary
Criminal Law - “ whether a comment by a trial judge describing portions of an out of court statement as "self-serving" during evidence, necessitates a jury direction that "the whole of a mixed out of court statement is evidence of the facts stated". CA 73/05 22 June 2005
Result
Leave to appeal dismissed. 7 September 2005
Leave judgment - leave dismissed
FRUEAN V R SC 43/2005 [7 September 2005] (PDF, 16 KB)
Case name
Colyn David Stoves v The Queen
Case number
SC 44/2005
Summary
Criminal appeal - whether the Court of Appeal erred in failing to give sufficient weight to the delay between conviction and sentencing in assessing the applicant’s appeal against sentence - whether the Court of Appeal wrongly concluded that the Crown was not obliged to make an application under s 344A of the Crimes Act when advised that the admissibility of certain evidence was to be challenged by the applicant . CA 457/04 24 May 2005
Result
Leave to appeal dismissed. 22 September 2005
Leave judgment - leave dismissed
STOVES V R SC 44/2005 [22 September 2005] (PDF, 15 KB)
Judgment appealed from
Case name
L v The Queen
Case number
SC 49/2005
Summary
Criminal appeal against conviction - appellant convicted of sexual violation and attempted sexual violation - whether the Court of Appeal erred in finding that the trial Judge did not misdirect the jury - whether the Court of Appeal erred in finding the verdicts were capable of being supported by the evidence – whether the Court of Appeal erred in the standard required for an attempt.
CA 115/05 18 July 2005
Result
Leave to appeal granted
7 October 2005
Leave judgment - leave granted
Judgment appealed from
Transcript
Case name
Alain Michael Mafart and Dominique Angela Francoise Prieur v Television New Zealand Limited
Case number
SC 50/2005
Summary
Leave to search, inspect and copy criminal records held by the High Court - videotape of Rainbow Warrior proceedings - jurisdiction of Court of Appeal - whether application for leave to search is civil or criminal - whether Court of Appeal jurisdiction precluded by the Judicature Act 1908, s 66. CA 92/05 4 August 2005
Result
Leave to appeal granted 21 September 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Klaus Löwer v Gary Traveller and John Anthony Waller
Case number
SC 51/2005
Summary
Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .
CA 36/04 26 July 2005
Result
Leave to appeal granted.
2 December 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Noel Clement Rogers v The Queen
Case number
SC 52/2005
Summary
Criminal appeal - whether the Court erred in finding post arrest statements by the accused admissible - whether allowing the statements to be admitted is inconsistent with ss 23 and 24 of the New Zealand Bill of Rights Act 1990 - whether, no appeal having been heard by the Court of Appeal, this is an appropriate case to "leap frog" under s 14 of the Supreme Court Act 2003 . CRI 2004 004 013121 2 August 2005
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed. 29 September 2005
Case name
Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen
Case number
SC 55/2005
Summary
Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause. CA 266/04 15 August 2005
Result
Leave to appeal refused. 3 November 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Telecom Mobile Limited v Commerce Commission
Case number
SC 57/2005
Summary
Cellphone marketing - whether the applicant's contractual arrangements are subject to the Door to Door Sales Act - whether the applicant's contractual arrangements had the purpose or effect of preventing the operation of the Act by hiding from consumers the reality as to their true rights of cancellation - summary judgment given by Court of Appeal. CA148/04 25 August 2005
Result
Leave to appeal granted. 23 November 2005
Substantive judgment
Transcript
Judgment appealed from
Case name
Paul Rodney Hansen v The Queen
Case number
SC 58/2005
Summary
Criminal appeal against conviction - possession of cannabis for supply - burden on accused to rebut presumption of possession for supply - whether accused must rebut presumption on the balance of probabilities or merely raise a reasonable doubt - Misuse of Drugs Act 1975, s 6(6).
Result
Leave to appeal granted.
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
Media Releases
- MR [2007] NZSC 74 (PDF, 142 KB)
Leave judgment - leave granted
HANSEN v R SC 58/2005 [24 November 2005] (PDF, 14 KB)
Substantive judgment
HANSEN v R SC 58/2005 [20 February 2007] (PDF, 571 KB)
Transcript
Hearing date : 22 February 2006
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ.
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