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
Benjamin Eugene Manuel v The Superintendent, Hawkes Bay Prison
Case number
SC CIV 5/2004
Summary
Habeas Corpus - proper case scope of writ of habeas corpus under the Habeas Corpus Act 2001 - relationship with judicial review. Parole - nature of parole - test for recall - conformity with New Zealand Bill of Rights Act 1990 and the International Covenant on Civil and Political Rights - Parole Board procedure on recall. CA 67/01 15 June 2004
Result
Leave to appeal refused. 3 August 2004
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Union House Limited and Union House Lease Limited v Auckland City Council.
Case number
SC CIV 11/2004
Summary
Civil appeal - contract interpretation - whether contract unassignable because of the existence of a confidentiality clause prohibiting disclosure of the terms of the agreement - whether the assignment was ineffective where the assigning party breached the confidentiality clause - whether the case should have been remitted back to the High Court to determine whether the pleadings could be amended to allege a breach of the confidentiality clause.
CA162/03 11 August 2004
Result
Leave to appeal granted.
15 December 2004
___________________
Appeal Hearing Date
22 March 2005
_____________
Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
23 March 2005
Leave judgment - leave granted
Transcription
Judgment appealed from
Case name
Parsoa Bahramitash v Stish Kumar and Sunila Kumar
Case number
SC CIV 23/2004
Summary
Civil appeal - Conveyancing - Whether the Court of Appeal erred in ordering specific performance - Whether the remedy of specific performance is reserved by clauses 9.5 and 9.7 of the REINZ-ADLS standard form agreement for sale and purchase - Whether clause 4.2(2) provides an exclusive remedy and ousts the application of equitable principles. CA 51/04 8 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 3 March 2005 ______________________ Appeal dismissed. Costs to respondent $15,000 plus disbursements. Reasons now added. 30 June 2005
Leave judgment - leave granted
Reason for judgment
Judgment appealed from
Substantive judgment
Case name
Henry John Esdaile Nation v Nicola Mary Nation
Case number
SC CIV 26/2004
Summary
Relationship property - whether the determination of the date for assessment of the effect of disposition under s44C Property (Relationships) Act 1976 should be the date of the hearing - whether certain livestock is relationship property - whether a 'put to use' arrangement in respect of livestock can have the status of a property right for the purpose of s10(2)
CA 190/03 26 November 2004
Result
21 April 2005
Leave to appeal granted.
8 April 2005
__________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Leave judgment - leave granted
Transcript
Hearing date : 22 July 2005
Judgment appealed from
Case name
Pourshad Marco Arvand v The Queen
Case number
SC CRI 3/2004
Result
It was adjudged that the application for leave to appeal be dismissed.
15 July 2004
15 July 2004
Leave judgment - leave dismissed
Summary
Judgment appealed from
not publicly available
Transcript
Elias CJ and Tipping J
Case name
Fiso Siloata
Case number
SC CRI 8/2004
Summary
Criminal appeal against conviction for possession of cannabis for supply - whether the jury must be unanimous that the defence has failed to rebut the presumption that possession of cannabis was for supply. CA 447/03 14 July 2004
Result
Leave to appeal granted.
14 September 2004
____________________________
Appeal dismissed.
16 December 2004
14 September 2004
____________________________
Appeal dismissed.
16 December 2004
Leave judgment - leave granted
Siloata v R 14 september 2004 SC CRI 8/2004 (PDF, 10 KB)
Supreme court decision
SILOATA V R SC SC CRI 8/2004 [16 December 2004] (PDF, 79 KB)
Judgment appealed from
Transcript
Case name
Kevin Moana Jarden
Case number
SC CRI 10/2004
Summary
Criminal appeal against conviction for sexual offending - whether there was a risk that the jury did not receive a balanced selection of material in its deliberations - whether transcripts of the video interviews of the complainants should have been left with the jury without transcripts of their cross-examination as well. CA114/04 29 July 2004
Result
Leave to appeal refused 20 October 2004
Leave judgment - leave dismissed
JARDEN V R SC SC CRI 10/2004 [20 October 2004] (PDF, 13 KB)
Case name
R v Atirut Sungsuwan.
Case number
SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Leave judgment - leave granted
R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF, 12 KB)
Substantive judgment
SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF, 146 KB)
Transcript
Case name
Aerengaroa Timoti v The Queen
Case number
SC CRI 14/2004
Summary
Criminal appeal against conviction - Whether, in the circumstances of this case, provocation was available as a partial defence to murder under s167(d) of the Crimes Act - Whether the jury direction on provocation was inadequate, resulting in a miscarriage of justice. CA3/00 25 August 2004 PDF 92kb
Result
Leave to appeal granted.
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
Leave judgment - leave granted
TIMOTI V R SC SC CRI 14/2004 [10 December 2004] (PDF, 11 KB)
Transcript
Substantive judgment
Case name
Yuang Ying Zhang v The Queen
Case number
SC CRI 15/2004
Summary
Appeal against conviction - jurisdiction of the Court of Appeal to hear appeal following guilty plea - whether s19(2)(b) of the Interpretation Act 1999 allows substitution of repealed offences in indictment - whether conspiracy to evade the Fisheries Act 1993 by fraudulent means can amount to a conspiracy under s247 of the Crimes Act 1961 (repealed) where the conduct engaged in is not criminal. - whether R v Walters [1993] 1 NZLR 533 (CA) correct - whether charge related to more than one transaction in breach of s329(6) of the Crimes Act. CA 153/04 13 July 2004
Result
Leave to appeal refused.
3 February 2005
3 February 2005
Transcripts
- SC CRI 15/2004 transcript (PDF, 79 KB)
Leave judgment - leave dismissed
Zhang V R SC SC CRI 15/2004 [3 February 2005] (PDF, 16 KB)
Judgment appealed from
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