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
Philip Dean Taueki v The Queen
Case number
SC 64/2012
Summary
Criminal – s 56 of the Crimes Act 1961 – whether the Court of Appeal erred in rejecting the applicant’s defence of peaceable possession – whether the Court of Appeal erred in finding that the applicant did not have possession of the land acquiesced by all other persons – whether the Crown’s guarantee under the Treaty of Waitangi guarantee of “ full, exclusive and undisturbed possession” of all land collectively owned is relevant to whether the applicant did have peaceable possession.    [2012]NZCA 428  CA  383/2011
Result
Leave to appeal is granted with regard to the first charge of assault. The approved ground is whether Mr Taueki had a defence
under s 56 of the Crimes Act 1961 to that first charge.
14 November 2012
Transcripts
Media Releases
Leave judgment - leave granted
TAUEKI v R SC 64/2012 [14 November 2012] (PDF, 11 KB)
Substantive judgment
TAUEKI v R [2013] NZSC 146 [17 December 2013] (PDF, 217 KB)
Case name
Aeneas Davidson v The Queen
Case number
SC 65/2012
Summary
Criminal – Appeal against conviction – Whether trial counsel’ s conduct of the defence was deficient so as to render the applicant’s trial unfair – Evidence – Whether, in pursuing the defence, trial counsel elicited inadmissible recent complaint evidence that was prejudicial to the applicant making the verdicts unsafe.   [2012]NZCA 391  CA  174/2011
Dates
Application for leave to appeal dismissed.
28 February 2013
Case name
Ashley Dwayne Guy v The Queen
Case number
SC 67/2012
Summary
Criminal Appeal – evidence – Evidence Act 2006 – whether the transcript of an interview of the complainant (“the complainant transcript” ) was inadmissible as potentially prejudicial material – whether the complainant transcript was inadmissible as a prior inconsistent statement – whether the transcript of an interview with the accused (“the accused interview transcript”) was inadmissible – whether the trial Judge’s direction to the jury on evidence relating to the complainant was appropriate – whether the Court of Appeal erred in admitting the complainant and accused interview transcripts given the fact neither counsel nor the trial Judge had had the opportunity to address the jury on these materials.[2012]NZCA 416  CA  69/2012.
Result
Application for leave to appeal granted.
The approved ground of appeal is whether the Court of Appeal was correct in holding no substantial miscarriage of justice had occurred, notwithstanding the error in the jury being given and reading the two interview transcripts which had not been put into evidence.
20 December 2012.

10 April 2013
Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.Decision reserved.
Rehearing directed.
14 November 2013.

7 October 2014.
Elias CJ, McGrath, William Young, Glazebrook, O’Regan  JJ.
Decision reserved.

Appeal allowed, conviction quashed,
New trial ordered.
19 November 2014
Media Releases
Substantive judgment
ASHLEY DWAYNE GUY v R [2014] NZSC 165 [19 November 2014] (PDF, 254 KB)
Case name
Rajendra Prasad v Indiana Publications (NZ) Limited and others
Case number
SC 69/2012
Summary
Civil appeal – Copyright Act 1994 – District Court Act 1947 - whether the Court of Appeal erred in determining the ownership of the copyright in dispute – whether the Court of Appeal erred in determining the correct court processes to be followed in relation to an order for costs and insolvency proceedings. [2012]NZHC  2582  CIV 2012 404 4172
Dates
Application for leave to appeal dismissed.
Costs $2,500 plus disbursements to the respondents.
6 November 2012.
Case name
Sonja Marie Lawson v The Queen
Case number
SC 71/2012
Summary
Criminal appeal – Appeal against conviction – Crimes Act 1961, s 228(b) – Using a document with intent to obtain a pecuniary advantage, dishonestly and without claim of right – Whether Court of Appeal was correct to dismiss appeal against conviction ¬– Trial counsel errors – Prosecution Misconduct – Failure to consider appellant’s brief – Unfair hearing – Errors of law.[2012] NZCA 426  CA 593/2001
Result
Application for leave to appeal dismissed.
13 March 2013.
Leave judgment - leave dismissed
LAWSON v R SC 71/2012 [13 March 2013] (PDF, 44 KB)
Case name
Barry Raymond Whitelaw v The Queen
Case number
SC 73/2012
Summary
Criminal appeal – Appeal against sentence – Whether the appellant’ s sentence of two years, five months’ imprisonment was excessive – Whether the uplift of nine months applied to the appellant’s sentence to take account of his previous offending was in breach of the prohibition against double jeopardy contained in s 26 of the New Zealand Bill of Rights Act 1990. [2012] NZCA 438  CA 359/2012
Dates
Hearing
Case name
Mars New Zealand Limited v Roby Trustees Limited
Case number
SC 74/2012
Summary
Civil – Intellectual Property– Trademarks – Trade Marks Act 2002, s 17(1)(a) and s 25(1)(b) and (c) – whether the Court of Appeal failed adequately to consider the ambit of the reputation in Mars’ “ OPTIMUM” brand in determining whether registration of Roby Trustees’ “Optimise Pro” brand would be likely to cause confusion for the purposes of s 17(1)(a) – whether the Court of Appeal erred by equating its test under s 17(1)(a) with those under s 25(1)(b) and (c) – whether the Court of Appeal incorrectly determined the principles applicable to fair and notional use and imperfect recollection in comparing the two trademarks under s 25(1)(b) – whether the Court of Appeal erred in its analysis of the likelihood of prejudice to Mars’ interests under s 25(1)(c). [2012] NZCA 450  CA 30/2012
Dates

The application for leave is dismissed.

Costs of $2,500 plus reasonable disbursements as fixed by the Registrar are awarded to the respondent.

19 December 2012. 
Case name
West Coast Ent Incorporated v Buller Coal Limited, Soli Energy New Zealand Limited, Royal Forest and Bird Protection Society of New Zealand Incorporated.
Case number
SC 75/2012
Summary
Civil Appeal – Supreme Court Act 2003, s 14 – Declarations sought in the Environment Court as to whether the effect of the combustion of coal, extracted from particular mining proposals, on climate change is a relevant consideration under s 104(1)(a) of the Resource Management Act 1991 – Matter heard by Environment Court and High Court – All parties agree to an appeal straight to the Supreme Court – Whether there are exceptional circumstances justifying leave to appeal directly to the Supreme Court from the High Court.[2012] NZHC  2156   CIV 2012 409 972
Result
Leave to appeal direct to this Court, against the High Court’s judgment, is granted.  The approved ground of appeal is whether, under s 104(1)(a) of the Resource Management Act 1991, the decision-makers in the consent proceedings were required or able to have regard to the effects on climate change of discharge of greenhouse gases arising from end use of coal that will be extracted if consent is upheld.
28 November 2012
________________
The appeal is dismissed.
Costs are reserved.
19 September 2013
Transcripts
Media Releases
Substantive judgment
WEST COAST ENT INCORPORATED v BULLER COAL LIMITED [2013] NZSC 87 [19 September 2013] (PDF, 410 KB)
Supreme court decision
costs: WEST COAST ENT INCORPORATED v BULLER COAL LIMITED [2013] NZSC 133 [2 December 2013] (PDF, 65 KB)
Case name
Graeme Andrew Waswo v The Queen
Case number
SC 76/2012
Summary
Criminal appeal – Appeal against Conviction – Indecent assault – Sexual violation – Arson – Whether Court of Appeal was incorrect to dismiss appeal – Severance of charges – Inadequate representation by trial counsel – Whether a direction about propensity evidence was required.  [2012] NZCA 461  CA 845/2011
Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

4 April 2013.
Case name
Albert Wayne Hunter v The Queen
Case number
SC 78/2012
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether the trial judge erred in not making an inquiry of two jurors whom the applicant said he knew and who may have been prejudicial – Whether the applicant was inadequately represented by counsel – Whether the applicant was unfairly painted as the prime instigator in sentencing – Whether the applicant’s health issues were appropriately brought to the attention of the Court.  [2012] NZCA 147  CA 584/2011
Result
A The application for leave to adduce fresh evidence is dismissed.
B The application for leave to appeal against conviction is dismissed.
C The application to appeal directly to this Court against his sentence is dismissed.
26  February 2013.
Leave judgment - leave dismissed
HUNTER v R SC 78/2012 [26 February 2013] (PDF, 52 KB)
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