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
Jeremy James McGuire v The Secretary for Justice
Case number
SC 22/2018
Summary
Civil Appeal – Legal Services Act 2011 – Whether the Court of Appeal erred in striking out the applicant’s application for judicial review – Whether a self-represented litigant who is a practising lawyer can receive a costs award.
Result
A Leave to appeal is granted (McGuire v The Secretary for Justice [2018] NZCA 37)
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross-appeal
12 June 2018
_______________________
A The appeal is dismissed.
B There is no order for costs.
27 November 2018
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross-appeal
12 June 2018
_______________________
A The appeal is dismissed.
B There is no order for costs.
27 November 2018
Transcripts
- Hearing date 1 August 2018 (PDF, 407 KB)
Media Releases
- MR [2018] NZSC 116 (PDF, 293 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Patty Tzu Chou Lin v Commissioner of Inland Revenue
Case number
SC 23/2018
Summary
Civil Appeal – Income Tax Act 2007 – Whether the Court of Appeal erred in finding that the applicant was not entitled to a tax credit against income tax liability for tax spared by China under New Zealand’ s Controlled Foreign Company tax regime.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
20 June 2018
B The applicant must pay the respondent costs of $2,500.
20 June 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Gregory David Waters v The Queen
Case number
SC 26/2018
Summary
Criminal Appeal – Whether the trial Judge’s failure to sum up the evidence caused a miscarriage of justice – Whether the trial Judge’ s failure to direct the jury under s 32 of the Evidence Act caused prejudice –Whether the Court of Appeal erred in dismissing the appeal against conviction
Result
The application for leave to appeal is dismissed
5 June 2018
5 June 2018
Court of Appeal decision
Leave judgment - leave dismissed
GREGORY DAVID WATERS v R [2018] NZSC 49 [5 June 2018] (PDF, 194 KB)
Case name
Mangawhai Ratepayers' & Residents' Association Inc, Richard Bruce Rogan and Heather Elizabeth Rogan v Northland Regional Council and Kaipara District Council
Case number
SC 30/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of s 5 of the Judicature Amendment Act 1972 – Whether the Court of Appeal erred in its findings under the Local Government (Rating) Act 2002.
Result
A The application for leave to appeal is dismissed.
B Costs of $4,500 plus usual disbursements are awarded to the respondents.
6 August 2018
B Costs of $4,500 plus usual disbursements are awarded to the respondents.
6 August 2018
Court of Appeal decision
Leave judgment - leave dismissed
High Court judgments
Transcript leave hearing
Case name
D v The Queen
Case number
SC 39/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in partly dismissing the applicant’s appeal against conviction – Whether the trial Judge misdirected the jury – Whether evidence adduced at trial was unfairly prejudicial to the applicant.
Result
The application for leave to appeal is dismissed. 20 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
D (SC 39/2018) v R [2018] NZSC 76 [20 August 2018] (PDF, 207 KB)
Case name
Garry Albert Muir v Commissioner of Inland Revenue
Case number
SC 41/2018
Summary
Civil Appeal – Tax Administration Act 1994 – Res judicata – Whether the Court of Appeal was right to dismiss the applicant’ s appeal against summary judgment – Whether challenge proceedings finally determined.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
29 August 2018
B Costs of $2,500 are awarded to the respondent.
29 August 2018
Court of Appeal decision
Leave judgment - leave dismissed
High/District Court judgment
Case name
Wayne William Smith v The Queen
Case number
SC 48/2018
Summary
Criminal Appeal – Evidence Act 2006, s 76 – Juror misconduct – Whether the Court of Appeal erred in dismissing the applicant’ s application for an order to appoint a special counsel.
Result
The application for leave to appeal is dismissed.
21 August 2018
21 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
H v Refugee and Protection Officer
Case number
SC 52/2018
Summary
Civil Appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal was right to dismiss the applicant’s appeal.
Result
A The application for leave to appeal is granted (H (CA580/2017) v Refugee and Protection Officer [2018] NZCA 188).
B The approved question is whether the Court of Appeal was right to dismiss the appeal.
24 August 2018
_______________
A The appeal is allowed.
B The order of the High Court dismissing the proceeding is set aside.
C In its place, an order is made declining the respondent’s application to dismiss the proceeding for want of jurisdiction.
D The proceeding is remitted to the High Court for hearing.
E Costs are reserved.
25 February 2019
B The approved question is whether the Court of Appeal was right to dismiss the appeal.
24 August 2018
_______________
A The appeal is allowed.
B The order of the High Court dismissing the proceeding is set aside.
C In its place, an order is made declining the respondent’s application to dismiss the proceeding for want of jurisdiction.
D The proceeding is remitted to the High Court for hearing.
E Costs are reserved.
25 February 2019
Transcripts
- Hearing date 29 October 2018 (PDF, 357 KB)
Media Releases
- MR [2019] NZSC 13 (PDF, 64 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Cornelius Hermanus Hendriks v The Queen
Case number
SC 53/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the failure to adduce evidence of the applicant’s lack of previous convictions at trial did not materially diminish the applicant’s prospects of an acquittal – Whether the Court of Appeal erred in finding that the trial Judge’s summing-up on the standard of proof was orthodox.
Result
The application for leave to appeal is dismissed. 25 October 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Mathias Ortmann, Bram Van der Kolk and Finn Habib Batato v The United States of America and The District Court at North Shore
Case number
SC 54/2018
Summary
Civil Appeal –Whether the Court of Appeal erred in dismissing the appeal against the High Court’s dismissal of the application for judicial review of the District Court’s determination under s 24 of the Extradition Act 1999.
Result
The Court has jurisdiction to hear the proposed appeals.
20 December 2018
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
__________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
___________________________________________________________________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the
judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to
this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
20 December 2018
A The applications for leave to appeal (Ortmann v United States of America [2018] NZCA 233, [2018] 3 NZLR 475) are granted, except to the extent set out at C below.
B The approved question is whether the Court of Appeal was correct to dismiss the appeals (other than the appeal in CA302/2015).
C To the extent that any of the applications for leave seek to challenge any refusal of leave by the Court of Appeal, they are dismissed. Leave to appeal is declined with regard to the appeal in CA302/2015.
20 December 2018
__________________________
A The appeals in SC 54/2018 and SC 58/2018 relating to the applications for judicial review are allowed.
B The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are allowed in relation to count 3. The appellants are discharged in respect of count 3. The appeals in SC 55/2018, SC 56/2018 and SC 57/2018 are otherwise dismissed.
C The parties are to file submissions in accordance with the directions given at [597]–[598] of this judgment.
D The first respondent in SC 54/2018 and SC 58/2018 must pay the appellants in those appeals costs of $15,000 and disbursements of $5,000.
E Costs in the High Court and Court of Appeal in relation to the judicial review aspect of the proceedings in those Courts should be determined after the judicial review issues that remain outstanding have been resolved.
4 November 2020
___________________________________________________________________________________________________________________________
A We remit the proceedings to the Court of Appeal for the identification of the outstanding issues in relation to the
judicial review appeals (SC 54/2018 and SC 58/2018) and the resolution of those issues.
B We direct the Registrar to provide to the Court of Appeal copies of the submissions made by the parties in response to
this Court’s request for submissions in its substantive judgment (Ortmann v United States of America [2020]
NZSC 120).
22 February 2021
Case Synopses
- Hearing 10 June 14 June 2019 (PDF, 264 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcript hearing 10 to 17 June 2019 NZSC Trans 25 (PDF, 4.2 MB)
Substantive judgment
Additional document
Additional document
Hearing date
10 - 14 June 2019
Winkelmann CJ, Glazebrook, O'Regan Ellen France and Williams JJ
Transcript
Supreme Court judgment / Media Release
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