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
Brett Ronald Larsen v Rick Dees Limited
Case number
SC 29/2006
Summary
Civil appeal – agreement for sale and purchase of ten residential units – delays in settlement - vendor issued settlement notice - notice specified that on receipt from purchaser of faxed bank cheque for settlement figure, title documents would be delivered – purchaser transferred funds electronically before the time limit but confirmation fax only received after time limit – Court of Appeal allowed appeal from decision of High Court in which purchaser’s claim for specific performance was dismissed on basis that purchaser had not settled in accordance with the settlement notice – whether the Court of Appeal erred in finding that the purchaser had fulfilled its obligation to settle in terms of the settlement notice - whether the Court of Appeal applied the correct provision of the Contractual Remedies Act 1979 with respect to the vendor’s entitlement to cancel. CA 82/05 13 March 2006
Result
Leave to Appeal granted. 2 June 2006 ____________________ The appeal is allowed and the judgment of the High Court dismissing the respondent’s claim is restored.
The appellant is awarded costs in this Court of $15,000 and reasonable disbursements to be fixed if necessary by the Registrar. The appellant is also awarded costs in the Court of Appeal of $6,000 and reasonable disbursements to be fixed if necessary by the Registrar of that Court. 1 June 2007
The appellant is awarded costs in this Court of $15,000 and reasonable disbursements to be fixed if necessary by the Registrar. The appellant is also awarded costs in the Court of Appeal of $6,000 and reasonable disbursements to be fixed if necessary by the Registrar of that Court. 1 June 2007
Leave judgment - leave granted
LARSEN V RICK DEES LIMITED SC 29/2006 [2 June 2006] (PDF, 13 KB)
Leave judgment - leave granted
Transcript
Judgment appealed from
Substantive judgment / Media release
Case name
The Secretary for Justice As the New Zealand Central Authority v HJ
Case number
SC 36/2006
Summary
Summary Civil appeal * Care of Children Act 2004 * children wrongfully removed to New Zealand by one parent * other parent made application for an order for children to be returned to Australia * statutory defence to an order available under s 106(1)(a) - whether the Court of Appeal erred in its construction of s 106(1)(a) * whether the Court of Appeal erred in its exercise of discretion under s 106(1)(a).
CA 149/04 11 April 2006
Result
Leave to appeal granted.
27 June 2006
___________________________
The appeal is dismissed. Costs are reserved
16 November 2006
Leave judgment - leave granted
Judgment appealed from
Transcript
Case name
David Charles Adams v The Queen
Case number
SC 37/2006
Summary
Criminal – appeal against conviction for fraudulently using a document (a GST return) for the purposes of obtaining a pecuniary advantage – applicant incorporated a company for the purposes of reducing ACC levies of clients – applicant secured set-off against company’s GST liability and avoided accounting for GST collected by company – whether Court of Appeal erred in refusing to accept defence (not raised at trial) that company not liable for GST as not carrying on a taxable activity as defined in s 6 Goods and Services Tax Act 1985 – constitutional consequences of acceptance of applicant’s argument adverted to by Court of Appeal. CA 313/05 12 April 2006
Result
Application for leave to appeal dismissed.
21 July 2006
21 July 2006
Court of Appeal decision
Leave judgment - leave dismissed
ADAMS v R SC 37/2006 [21 July 2006] (PDF, 74 KB)
Case name
Qiu Jian v The Queen
Case number
SC 41/2006
Summary
Criminal Appeal – appeal against conviction for blackmail – whether standard of proof required for Crown to satisfy co-conspirators rule of evidence is on balance of probabilities or reasonable evidence of common intention – whether failure to advise defendant to testify in her own defence amounted to a miscarriage of justice – whether trial judge failed to give sufficient direction to jury on use which could be made of threats made by alleged co-conspirators. CA 495/05 3 May 2006
Result
29 September 2006 – Application for leave to appeal granted.
_____________________
Appeal allowed, conviction is quashed. New Trial ordered.
5 July 2007
Substantive judgment
Judgment appealed from
Leave judgment - leave granted
Case name
Susan Couch v The Attorney-General
Case number
SC 49/2006
Summary
Civil – appeal against Court of Appeal judgment, striking out claims for misfeasance in public office and negligence – applicant surviving victim of attack in 2001 on Panmure RSA – Department of Corrections acknowledged errors undoubtedly occurred in the handling of attacker’s case – Attorney-General sued on behalf of Department of Corrections – whether Court of Appeal erred in striking out claim for negligence – applicant claiming assailant should not have been allowed or encouraged to work in an ‘inappropriate industry’ – whether Department of Corrections should have better monitored assailant – whether Court of Appeal erred in striking out claim for misfeasance in public office – whether restriction has been placed on state of mind requirement of misfeasance. CA 238/05 17 May 2006
Result
Leave to appeal is granted.
The approved ground is whether the cause of action based on negligence was correctly struck out.
1 September 2006
_________________________
Appeal allowed. Order of the Court of Appeal is set aside and the proceedings are remitted to the High Court for hearing. Respondent to pay to the appellant costs of $27,5000 together with reasonable disbursements. Costs in the lower Courts to be fixed.
24 March 2010
The approved ground is whether the cause of action based on negligence was correctly struck out.
1 September 2006
_________________________
Appeal allowed. Order of the Court of Appeal is set aside and the proceedings are remitted to the High Court for hearing. Respondent to pay to the appellant costs of $27,5000 together with reasonable disbursements. Costs in the lower Courts to be fixed.
24 March 2010
Transcripts
- sc 49 2006 susan couch v agfebruary 2009 (PDF, 317 KB)
Media Releases
Leave judgment - leave granted
Substantive judgment
COUCH v THE ATTORNEY-GENERAL SC 49/2006 [24 March 2010] (PDF, 625 KB)
Additional document
sc 49 2006 susan couch v ag (PDF, 63 KB)
Substantive judgment / Media release
Transcript
Leave judgment - leave granted
Appeal adjournment / Media release
Judgment appealed from
Case name
Alan Ivo Greer v The Queen
Case number
SC 51/2006
Summary
Criminal appeal – Bail Act 2000 - whether Court of Appeal erred in refusing application for bail pending hearing of appeals from convictions on driving and sexual offences – whether bail is necessary to obtain a fair hearing of the appeals. CA 161/03 CA 179/06 15 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
GREER V R SC 51/2006 [26 September 2006] (PDF, 21 KB)
Case name
Patricia Lenine Mabel Walsh v The Queen
Case number
SC 54/2006
Summary
Criminal – appeal against convictions for forgery – appellant used fax machine to transmit, from overseas, copies of false documents to persons in New Zealand – whether a facsimile copy of a false document is itself a false document – Crimes Act 1961, former ss 263, 264 (ss 255, 256 as amended 2003) CA 208/05 26 June 2006
Result
Leave to appeal granted.
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
1 September 2006
____________________________
The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.
19 December 2006
Media Releases
- patriciawalsh mediarelease (PDF, 86 KB)
Leave judgment - leave granted
WALSH v R SC 54/2006 [1 September 2006] (PDF, 12 KB)
Substantive judgment
WALSH v R SC 54/2006 [19 December 2006] (PDF, 202 KB)
Transcript
Substantive judgment / Media release
Judgment appealed from
Case name
Arshad Mahmodd Chatha v The Queen
Case number
SC 58/2006
Summary
Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.CRI 2004 054 4551 18 July 2006
Result
Notice of Abandonment being lodged, the application is deemed to be dismissed.
11 September 2006
11 September 2006
Case name
Brent John Gilchrist v The Queen
Case number
SC 69/2006
Summary
Criminal – Tax Administration Act – tax evasion – applicant convicted of knowingly failing to provide Commissioner of Inland Revenue with information when required to do so pursuant to a notice to furnish information – standard of proof of delegation of authority from Commissioner – standard of intent to evade payment of tax.CA 29/06 18 August 2006
Result
Application for leave to appeal granted.
29 September 2006
________________
Appeal dismissed.
15 December 2006
Transcript
Substantive judgment / Media release
Leave judgment - leave granted
Judgment appealed from
Case name
Hayden Matthew Johnston & Earnscleugh Vineyard Ltd v Schist Mountain Orchards Litd
Case number
SC 75/2006
Summary
Civil – contract – interpretation of agreement for sale and purchase - whether Court of Appeal erred in determining that the agreement permitted the respondent to obtain consent for a subdivision that contained a right of way with dimensions fixed by the territorial authority and not limited to the minimum standards in the relevant District Plan and/or did not require the respondent to obtain the minimum dimensions acceptable to the territorial authority – whether Court of Appeal erred in determining the width of easement in question “of no real moment” – whether applicant able to insist on conditions that limit respondent’s use of easementCA 99/05 24 August 2006
Result
The application for leave to appeal is dismissed.
The applicants are to pay the respondent costs in the sum of $2,500 plus disbursements to be fixed if necessary by the Registrar.
The applicants are to pay the respondent costs in the sum of $2,500 plus disbursements to be fixed if necessary by the Registrar.
13 November 2006
Leave judgment - leave dismissed
Judgment appealed from
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