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.
4 September 2026
Case information summary (as at 4 September 2026) – Cases where leave granted (PDF, 116 KB)
Case information summary (as at 4 September 2026) – Cases where leave to appeal decision not yet made (PDF, 132 KB)
All years
Case name
Alana Glenys-May Thomas v The Queen
Case number
SC 11/2009
Summary
Criminal – Appeal from decision of the Court of Appeal allowing the admission of certain evidence at trial – Police executing a search warrant obtained the evidence through a search of an apartment – Applicant pleaded guilty to variety of drug-related offences – Whether the Court of Appeal erred in finding that the police search warrant was lawful and the evidence lawfully and properly obtained – Whether the Court of Appeal should have given greater weight to the breach of s 198 of the Summary Proceedings Act 1957 in determining whether the evidence should have been admitted.[2008] NZCA 4352 CA 81/2008 8 September 2008
Result
Application for leave to appeal dismissed.
7 April 2009
7 April 2009
Leave judgment - leave dismissed
THOMAS v R SC 11/2009 [7 April 2009] (PDF, 16 KB)
Judgment appealed from
Case name
David Cullen Bain v The Queen
Case number
SC 13/2009
Summary
[2009] NZCA CA 769/2008 30 January 2009
Result
Application for leave to appeal granted.
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
Court of Appeal decision
Leave judgment - leave granted
BAIN V R SC 13/2009 [6 March 2009] (PDF, 12 KB)
Additional document
Transcript hearing date 2 March 2009 (PDF, 352 KB)
Substantive judgment
BAIN v R (REASONS) SC 13/2009 [6 March 2009] (PDF, 158 KB)
Recall judgment
BAIN v R SC 13/2009 [25 May 2009] (PDF, 11 KB)
Additional document
Transcript hearing date 11 June 2009 (PDF, 39 KB)
Supreme court decision
BAIN v R SC 13/2009 [11 June 2009] (PDF, 16 KB)
Case name
The Trustees of Te Huria Matenga Wakapuaka Trust v The Minister of Conservation and others
Case number
SC 17/2009
Summary
Land Law – Maori Customary Title – Ownership of Land – land subject to both a Native Land Court Certificate of Title and a Land Transfer Act title – whether the Land transfer Act Certificate of Title takes priority – Interpretation of inconsistent Certificates of Title.[2008] NZCA 564 CA 18/2008 18 December 2008
Result
Application for leave to appeal dismissed.
6 April 2011
6 April 2011
Leave judgment - leave dismissed
Judgment appealed from
Transcription
Case name
Govind Prasad Saha v Commissioner of Inland Revenue
Case number
SC 24/2009
Summary
Civil appeal – application of the foreign investment fund rules contained in Part CG of the Income Tax Act 1994 – the appellant was a partner in a firm that sold its consultancy business to a French company – as part of the sale transaction the appellant agreed to work for the consultancy business for five years from the date of settlement – as part of the sale transaction the appellant received a package of shares in the French company to be gradually released to him over a five year period – the appellant ended his employment in the consultancy business prematurely – the resulting deed of settlement provides that 50% of the unreleased shares will be transferred to the French company – whether the transfer of shares is a “disposition” for the purpose of s CG 23(5) – whether the appellant derived a gain in kind from the transfer of shares for the purposes of s CG 14(2)[2009] NZCA 76 CA 617/2008
Result
Application for leave to appeal is granted. 25 May 2009
______________________
Appeal dismissed. Costs $15,000 to respondent.
23 July 2010
______________________
Appeal dismissed. Costs $15,000 to respondent.
23 July 2010
Leave judgment - leave granted
Substantive judgment
Transcript
Hearing date : 27 October 2009
Chief Justice, Blanchard, Tipping, McGrath, Wilson JJ.
Case name
Ivan Vladimir Joseph Erceg v Balenia Limited
Case number
SC 27/2009
Summary
Civil appeal – alleged contractual breach by the appellant – clause A4(a) of the contract stipulates that the appellant’s former solicitors are to be satisfied that the respondent has clear title to the super-yachts which form the subject of the contract – the appellant’s former solicitors have not certified the respondent’s title to the super-yachts – whether the respondent is required to give notice to the appellant of its intention to rely on his alleged breach – whether the respondent is entitled to sue before making time of the essence for performance of the contract – whether the respondent bears the onus of proving that it would have been able to show clear title to the super-– whether the respondent can treat clause A4(a) as being fulfilled for the purposes of obtaining relief – whether the Court of Appeal was correct to order specific performance of the contract.[2009] NZCA 48 CA 553/2008
Result
Application for leave to appeal is dismissed, with costs of $2,500 to the respondent.
27 May 2009
27 May 2009
Leave judgment - leave dismissed
ERCEG V BALENIA LIMITED SC 27/2009 27 May 2009 (PDF, 11 KB)
Case name
Aaron Mark Wi v The Queen
Case number
SC 28/2009
Summary
Criminal – Appeal against convictions for wounding with intent to cause grievous bodily harm and assault with intent to injure – Substantial miscarriage of justice – Whether appellant unfairly prejudiced by trial Judge’s ruling precluding appellant from adducing evidence of lack of convictions for violent offending.[2009] NZCA 81 CA 586/2008
Result
Application for leave to appeal granted.
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
Media Releases
- media release wi (PDF, 82 KB)
Leave judgment - leave granted
AARON MARK WI v R SC 28/2009 [7 May 2009] (PDF, 12 KB)
Substantive judgment
WI v R SC 28/2009 [27 November 2009] (PDF, 147 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
A R Poynter v The Commerce Commission
Case number
SC 32/2009
Summary
Civil – Commerce Act – Whether the Court of Appeal erred in holding that s 4 is not an exhaustive statement of the circumstances in which the provisions of the Act apply to overseas conduct – Whether the Court of Appeal was wrong to find that the conduct of another foreign resident who acted in New Zealand could be attributed to the Appellant so as to treat the Appellant as having acted within New Zealand through that other person – Whether the Court of Appeal wrongly imported the jurisdictional reach of conspiracy in s 310 of the Crimes Act 1961 into s 80(1)(f) of the Act.[2009] NZCA 84 CA 257/2007
Result
Application for leave to appeal granted.
16 June 2009
16 June 2009
Media Releases
- press release poynter 16 april 2010 (PDF, 37 KB)
Substantive judgment
POYNTER v COMMERCE COMMISSION SC 32/2009 [16 April 2010] (PDF, 265 KB)
Leave judgment - leave granted
AKLE v COMMERCE COMMISSION SC 30/2009 [16 June 2009] (PDF, 12 KB)
Transcript
Hearing date : 17 November 2009
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Leroy John Barr v New Zealand Police
Case number
SC 34/2009
Summary
Criminal appeal – whether jurisdiction to order the payment of medical expenses incurred by the Police in administering a blood test against persons convicted of driving with excess blood alcohol. [2009] NZCA 124 CA 700/2008
Result
Application for leave to appeal granted.
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
Media Releases
- media barr v nz police (PDF, 39 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Blanchard. Tipping, McGrath, Wilson, and Anderson JJ
Case name
GPM v The Queen
Case number
SC 37/2009
Summary
Appeal against pre-trial ruling. Police investigating a burglary stopped a car in which the appellant was a passenger. Whether stopping the car was lawful despite police acting under a wrong statutory power when an alternative statutory power was available; Whether the continued search of the appellant’ s car after what had initially been thought to be weapon was actually a metal thermos was lawful; Whether evidence obtained during the continued search of the car and the resulting searches of the appellant and the appellant’ s house was admissible.[2009] NZCA 121 CA 743/2008 6 April 2009
Result
Application for leave to appeal dismissed. 3 June 2009
Leave judgment - leave dismissed
Not publicly available
Case name
Vincent Ross Siemer v Solicitor-General
Case number
SC 48/2009
Summary
Civil/Criminal Appeal – Offences – Contempt of Court – New Zealand Bill of Rights Act 1990 – Appeal against decision committing appellant to prison for contempt – Whether Court of Appeal erred in holding contempt proceedings civil in nature – Whether appellant wrongly denied opportunity to elect trial by jury.[2009] NZCA 62 CA 447/2008 9 March 2009
Result
Application for leave to appeal granted.
7 August 2009
______________________
The appeal is allowed and the order made by the Court of Appeal is quashed. It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force. Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
____________________________
Application for recall of judgment dismissed.
11 June 2010
_____________________________
Further application for recall of judgment dismissed.
15 June 2010
7 August 2009
______________________
The appeal is allowed and the order made by the Court of Appeal is quashed. It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force. Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
____________________________
Application for recall of judgment dismissed.
11 June 2010
_____________________________
Further application for recall of judgment dismissed.
15 June 2010
Leave judgment - leave granted
Substantive judgment
SIEMER v SOLICITOR-GENERAL SC 48/2009 [17 May 2010] (PDF, 159 KB)
Transcript
Hearing date : recusal 26 February 2017
Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ
Case Number
SC 48/2009
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