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.
3 July 2026
Case information summary (as at 3 July 2026) – Cases where leave granted (PDF, 88 KB)
Case information summary (as at 3 July 2026) – Cases where leave to appeal decision not yet made (PDF, 127 KB)
All years
Case name
Neville James Gibson v Minter Ellison Rudd Watts
Case number
SC 8/2008
Summary
Civil Appeal – proceedings against former legal counsel - whether the Court of Appeal made accurate findings of fact – whether the Court of Appeal was correct to conclude that the respondent had complied with discovery obligations – whether the Court of Appeal had regard to all relevant evidence – whether the Court of Appeal was correct to find that the applicant would not have been entitled to legal aid in earlier proceedings against a third party – whether the respondent had a conflict of interest in earlier proceedings - whether the Court should have considered the applicant’ s financial position when awarding costs against him[2007] NZCA 595 CA 202/065, CA 33/06 21 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2.500 to respondent. 1 May 2008
Case name
Christopher James Fullbeck Mosley v The Queen
Case number
SC 58/2008
Summary
Criminal appeal – trial took place with ten jurors – whether the Court of Appeal erred in confirming that there were “exceptional circumstances relating to the trial” which justified continuing with ten jurors under s 374 Crimes Act 1961 – whether the Court of Appeal was wrong to conclude that s 374(8) excluded a right to review the trial Judge’ s decision to discharge the 12th and 11th jurors.[2008] NZCA 319 CA 612/2007 25 August 2008
Leave judgment - leave dismissed
MOSLEY v R SC 58/2008 [17 November 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed.
17 November 2008.
Case name
James Hemi Biddle v The Queen
Case number
SC 82/2008
Summary
Criminal – Appeal against conviction – Robbery – Criminal Procedure – Judge’s summing up – Whether Court of Appeal erred in concluding trial Judge’s summing up to jury on issues of credibility and reliability was appropriate – Whether Court of Appeal erred in concluding trial Judge’s summing up did not give rise to miscarriage of justice.[2008] NZCA 398 CA 243/2008 30 September 2008
Leave judgment - leave dismissed
BIDDLE v R SC 82/2008 [5 December 2008] (PDF, 13 KB)
Dates
Application for leave to appeal refused.
5 December 2008.
Hearing
7 July 2009
Result
Appeal dismissed.
16 July 2009
Case name
James Michael Leuluaiali’i v The Queen
Case number
SC 1/2007
Summary
Criminal appeal – appellant convicted as party to attempted murder and murder – appeal by a co-accused had been allowed on grounds of error in summing up in relation to parties; like errors in present case – appeal allowed in relation to attempted murder – in relation to murder the proviso to s 385(1) applied and appeal dismissed – whether application of the proviso led to a substantial miscarriage of justice. CA 122/06 22 November 2006
Result
Leave to appeal dismissed. 30 March 2007
Leave judgment - leave dismissed
LEULUAIALI'L v R SC 1/2007 [30 March 2007] (PDF, 16 KB)
Case name
James Arthur Rose v Karen Diane Rose
Case number
SC 73/2007
Summary
Civil – Property (Relationships) Act 1976 – whether a partnership interest is an asset for the purposes of the Act – whether improvements to land that is relationship property form part of that land by operation of Land Transfer Act 1952 definition of “land” – whether increases in value to property caused by inflation are within the scope of claims under s 9A(1) or 9A(2) – whether s 9A(2) claim required evidence of an action by the respondent that had the effect of increasing the value of the property – whether s 2G requires assets and liabilities to be valued at the same date. [2007] NZCA 406 CA 212/06 11 September 2007
Result
Application for leave to appeal granted.
6 December 2007
___________________________
Appeal and cross appeal dismissed. No order as to costs.
19 May 2009
6 December 2007
___________________________
Appeal and cross appeal dismissed. No order as to costs.
19 May 2009
Leave judgment - leave granted
ROSE V ROSE SC 73/2007 [6 December 2007] (PDF, 14 KB)
Substantive judgment / Media release
Transcript
Case name
Phillip Hans Field v Malcolm James Burgess
Case number
SC 87/2007
Summary
Criminal appeal – sentencing – Court of Appeal quashed the sentence of six and a half years imposed by the District Court judge and replaced it with a sentence of eight years – whether the Court of Appeal was correct to increase the sentence imposed in the District Court – in particular, whether courts are obliged to accept eight years as the starting point in cases of sexual violation by rape – whether a guilty plea made after the complainant has given evidence is necessarily less worthy than a guilty plea that spares the complainant the need to give evidence – whether a guilty plea entered part way through trial by one accused is of assistance to the Crown with respect to bolstering the credibility of the complainant’ s evidence – whether the trial judge has an unfettered right to enter a merciful sentence – whether the Court of Appeal made material factual errors – whether the Court of Appeal’s approach has resulted in a miscarriage of justice.[2007] NZCA 550 CA 511/07 29 November 2007
Result
Application for leave to appeal dismissed. 17 December 2007
Leave judgment - leave dismissed
FIELD v BURGESS SC 87/2007 [17 December 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Jocelyn Mary Imms v Craig Wesley Gunson and others
Case number
SC 9/2006
Summary
Civil - Family Protection Act - application for directions in the High Court - scope of s 64 of the Trustee Act 1956 - will containing option to purchase shares in company that owned a farm - trustees' proposal to subdivide land. CA 55/05 13 December 2005
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Leave judgment - leave dismissed
Case name
Trustee Executors Limited v Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 15/2006
Summary
Civil - allotment of participatory securities - 'payment' of minimum amount within 4 months of registered prospectus - whether the tender and acceptance of a cheque on terms that it be held and its value offset against the amount payable to its drawer on settlement can "be deemed to have been paid" within the meaning of Securities Act 1978, s 37(2)(a) - whether statutory supervisor owes common law duty of care in addition to duty to exercise reasonable diligence imposed by statutory implication and Deed of Participation - whether a duty as trustee of funds received pursuant to an offer of securities can be imposed in addition to an express duty as statutory supervisor - whether exclusion clause in Deed of Participation can exclude liability except for breach of the statutory implied duty to exercise reasonable diligence - whether negligent or inadvertent breach of trust can amount to (equitable) fraud for the purposes of Limitation Act 1950, s 28. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 17/2006
Summary
Civil - allotment of participatory securities - numerous causes of actions brought against respondents alleging, among other things, an allotment in breach of Securities Act 1978, s 37(2), and issuing a prospectus containing untrue statements in breach of Securities Act 1978, s 56 - causes of action struck out as an abuse of process, being time barred pursuant to the Limitation Act 1950 - whether the doctrine of “reasonable discoverability” should apply to all causes of action. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Substantive judgment
Leave judgment - leave granted
Judgment appealed from
Case name
Alistair James Haskett v The Queen
Case number
SC 34/2006
Summary
Criminal – appeal against conviction for driving at a speed exceeding 100 kilometres per hour – use of speed camera image as evidence of offence – whether production of image purporting to be taken by approved vehicle surveillance equipment is sufficient evidence to prove offence – requirements for testing and accuracy of approved vehicle surveillance equipment – Land Transport Act 1998, ss 145, 146 CA 261/05 30 March 2006
Result
Application for leave to appeal dismissed.
3 July 2006
3 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
HASKETT v R SC 34/2006 [3 July 2006] (PDF, 20 KB)
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