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
Siuake Lisiate v The Queen
Case number
SC 49/2013
Summary
Appeal against conviction – Inadequate directions by trial judge on s 66(1)(d) of the Crimes Act 1961 – Expert witnesses – Breach of Code of Conduct for expert witnesses (Sch 4, High Court Rules) – Trial judge misdirected jury or gave inadequate directions as to the use of Crown expert evidence on the interpretation of text messages – Admissibility of propensity evidence – Unfair trial – Miscarriage of justice.  [2013] NZCA 129  CA 31/2012
Result
Application for leave to appeal is dismissed.
21 August 2013.
Leave judgment - leave dismissed
Case name
Worldwide NZ LCC v New Zealand Venue and Event Management Limited
Case number
SC 50/2013
Summary
Civil Appeal – Judicature Act 1908, s 87 – Whether the Court of Appeal erred in concluding that under s 87 a court may award interest on a debt only from the date on which the debt is ascertained or becomes immediately ascertainable – Whether the Court of Appeal erred in concluding that the price payable for the “B” units and shares, being their fair market value, was not an ascertainable debt under s 87 – Whether the Court of Appeal erred in concluding that a cause of action for recovery of the unascertained debt did not arise until after determination of the value of the units and shares – Whether the Court of Appeal erred in interpreting “debt or damages”  – Whether the Court of Appeal erred by concluding, in effect, that the equitable principle requiring a purchaser in possession to pay interest to an unpaid vendor did not come within s 87 – Whether the Court of Appeal erred by concluding, in effect, that the applicant’s pleaded claim asserting rights pursuant to a vendor’ s lien was disentitling conduct preventing it from receiving interest for the period during which the respondent enjoyed the benefits of owning the units and shares.[2013] NZCA 130  CA 834/2011
Result
Leave to appeal is granted.  The approved question is whether the Court of Appeal was in error in not awarding interest on the value fixed in respect of the “B” units and shares
11 October 2013
__________________
A The appeal is allowed.  The order of the High Court relating to interest is re-instated.
B The respondent is to pay costs of $25,000 to the appellant, plus all reasonable disbursements, to be fixed if necessary by the Registrar.
B The order for costs in the Court of Appeal is set aside.  If costs cannot be agreed in the Court of Appeal they should be set by that Court in light of this judgment.
11 August 2014
Media Releases
Transcript

Hearing date : 20 March 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.

Case name
Allied Concrete Limited v Jeffrey Philip Meltzer and Lloyd James Hayward as liquidators of Window Holdings Limited (in liquidation)
Case number
SC 51/2013
Summary
Companies Act 1993, s 296 – Whether the High Court erred in finding that the giving of value in terms of s 296(3)(c) of the Companies Act 1993 does not include value given at the time the antecedent debt is created – Whether the giving of time to pay was “giving value” for the purposes of the Act – Whether release or discharge of a liability for prior indebtedness is “value” for the purpose of s 296(3)(c). [2013] NZHC 977   Civ 2012 404 3170
Result
Leave to appeal is granted.

The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
24 October 2013
____________________
A     The appeals are allowed.  
B    The applications of the liquidators for the transactions to be voided are dismissed.
C    The respondents in each appeal must pay costs of $10,000 to the appellant in the relevant appeal, plus the appellant’s reasonable disbursements.  
D     Absent agreement between the parties, costs in the High Court and Court of Appeal are to be fixed by those Courts in light of this judgment.
18 February 2015
Case name
Vincent Ross Siemer v Judicial Conduct Commissioner and others
Case number
SC 55/2013
Summary
Civil Appeal – Review of a Registrar’s decision – Whether the Court of Appeal erred in failing to address whether the Court of Appeal Registrar has power to refuse an application for filing a notice of appeal or review – Whether the Court of Appeal erred in holding that the Court of Appeal’s review powers under s 61A(2) of the Judicature Act 1908 are expressly limited to orders made by a single Judge pursuant to s 61A(1) – Whether the Court of Appeal erred in holding there is no power for the Court to review decisions made under s 61A(3).[2013] NZCA 205   CA 422/2012
Dates
A The application for leave to appeal is dismissed.
B  The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the first respondent.

 

14 October 2013

Case name
Aaron Patrick John Ellis v The Queen
Case number
SC 57/2013
Summary
Criminal – Crimes Act 1961, s 306 – Criminal Procedure Act 2011, s 338 – whether the Court of Appeal erred in dismissing the applicant’ s appeal against conviction under s 338 of the Criminal Procedure Act 2011 – whether the Court of Appeal erred in not finding that the High Court trial was in breach of the principles of natural justice. [2012] NZCA 185  CA 720/2011
Dates
A  The application for leave to appeal is dismissed.
B   Leave is reserved to renew the application.

 

8 October 2013

Case name
Zurich Australian Insurance Limited trading as Zurich New Zealand v Cognition Education Limited
Case number
SC 58/2013
Summary
Civil Appeal – Arbitration Act 1996 – Whether the Court of Appeal erred in law by finding that the test for whether there is a dispute for the purposes of a stay application under Article 8 of the First Schedule to the Arbitration Act 1996 is whether there is an “arguable defence” and, as such, is the inverse of the test to apply for a summary judgment.[2013] NZCA 180    CA 867/2012
Result
Was the Court of Appeal correct to conclude that there will be no dispute for the purposes of art 8(1) of the First Schedule to the Arbitration Act 1996 unless the defendant has an arguable basis for disputing the plaintiff’s claim as is sufficient to resist an application for summary
_______________
Appeal allowed.
19 December 2014
Case name
Douglas Arthur Montrose Graham v The QueenMichael Howard Reeves v The QueenWilliam Patrick Jeffries v The QueenLawrence Roland Valpy Bryant v The Queen
Case number
SC 59/2013 ; SC 60/2013; SC 61/2013; SC 62/2013
Summary
Criminal appeal – Conviction and Sentence – Whether Court of Appeal was correct to uphold trial Judge’s conclusion that statements in amended prospectus were untrue – Materiality of omissions – Notional investor test – Securities Act 1978, ss 55 and 58(1) – Whether Court of Appeal correct uphold trial Judge’s conclusion that directors did not have reasonable grounds for their honest belief that the statements in the amended prospectus were true – Securities Act 1978, s 58(2)(4) – Whether directors were permitted to place reliance on external expert advice – Companies Act 1993, s 138 – Whether Court of Appeal correct to rule that sentences imposed by trial Judge were manifestly inadequate – Sentencing Act 2002.
Result
A The appeals are allowed.
B The sentences imposed by the Court of Appeal are set aside and the sentences imposed by Dobson J are restored.
7 May 2014
____________
Application for recall dismissed.
Costs are reserved.
22 July 2015
Case name
Guo Wei Deng v The Queen
Case number
SC 64/2013
Summary
Criminal Appeal – New Zealand Bill of Rights Act 1990 (NZBORA) – Criminal Practice and Procedure – Witness not called – Appeal against conviction – Whether allegedly inadequate interpretation assistance constituted a breach of the applicant’s right under s 24(g) of the NZBORA – Whether counsel’s failure to call two witnesses at the request of the applicant resulted in a miscarriage of justice.[2009] NZCA 445  CA 780/2008
Leave judgment - leave dismissed
Dates

 Application for leave to appeal dismissed.

15 October 2013

Case name
Te Rünanga-ä-iwi-o Ngäti Kahu v Far North District Council, Carrington Farms Limited, Carrington Estate Limited, Carrington Resort Limited.
Case number
SC 66/2013
Summary
Civil Appeal – Resource Management – Resource Management Act 1991, ss 91, 94C, 104 – Whether the Court of Appeal erred in its interpretation of s 94C – Whether the Court of Appeal misinterpreted the decision of the Supreme Court in Westfield (New Zealand) v North Shore City Council [2005] NZSC 17, [2005] 2 NZLR 597 – Whether the Court of Appeal incorrectly applied its decision in Queenstown Lakes District Council v Hawthorn Estates Ltd [2006] NZRMA 424 (CA) – Whether the Court of Appeal erred in interpreting the settlement agreement.   [2013] NZCA 221  CA 705/2011; CA 706/2011;  CA 54/2012; CA 56/2012.
Result
Leave to appeal is granted.The approved grounds of appeal are:
(a)        In relation to the land use consent application:
(i)         Whether or not “special circumstances” existed such that the Far North District Council had discretion in terms of s 94C(2) of the Resource Management Act 1991 to notify the application for the land use consent;
(ii)        Whether or not the authority made a reviewable error in exercising that discretion; and
(iii)       What degree of scrutiny is appropriate when reviewing non-notification decisions.

(b)       In relation to the subdivision consent application, whether or not the unimplemented land use consent should have been taken into account, when determining the application for the subdivision consent, as part of:
(i)        The “environment” under s 104(1) of the Resource Management Act 1991; or
(ii)       The permitted baseline under s 104(2).

(c)        Whether the Court of Appeal’ s interpretation of the settlement agreement was correct.

2 December 2013
_____________________________________________

Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
20 January 2015.
Case name
Evgeny Orlov v New Zealand Law Society, Auckland Lawyers Standards Committee, Auckland Lawyers Standards Committee No 1, National Standards Committee.
Case number
SC 68/2013
Summary
Civil Appeal – Lawyers and Conveyancers Act 2006 – Whether the Court of Appeal erred in finding that a lawyer could be proceeded against before the Lawyers and Conveyancers Disciplinary Tribunal or struck off for making a complaint against a Judge pursuant to the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 –Whether the Court of Appeal erred in finding that there is no legal or evidential threshold for referring matters to a Disciplinary Tribunal – Whether the Court of Appeal erred in finding that reasons need not be given for a decision by a Standards Committee to refer a matter to a Disciplinary Tribunal – Whether the Court of Appeal erred in holding that the appellant was responsible for delay in the disciplinary process –Whether the Court of Appeal denied the appellant a fair and impartial hearing.[2013] NZCA 230  CA 554/2012
Result
Application for leave to appeal dismissed, with costs of $2,500 to the respondents. 
8 October 2013.
Leave judgment - leave dismissed