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
Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council
Case number
SC 15/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of ss 117–120 of the Local Government Act 2002 – Whether the Court of Appeal erred in its interpretation of the scope of the Kaipara District Council (Validation of Rates and Other Matters) Act 2013 – Whether the Court of Appeal erred in awarding costs against the Association.[2015] NZCA 612 CA 331/2014
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
3 May 2016
B The applicant must pay costs of $2,500 to the respondent.
3 May 2016
High Court decision
High Court decision
Leave judgment - leave dismissed
Case name
Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust
Case number
SC 16/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of a decision of the Registrar of that Court to refuse to dispense with security for costs in relation to an appeal to that Court. [2016] NZCA 3 CA 388/2015
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are to be paid by the applicant to the first respondent.
17 February 2017
B Costs of $2,500 are to be paid by the applicant to the first respondent.
17 February 2017
Leave judgment - leave dismissed
Judgment appealed from
[2016] NZCA 3 Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust 27 January 2016 : not electronically available.
Case name
Ivan Vladimir Joseph Erceg v Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Acorn Foundation Trust and Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Independent Group Trust
Case number
SC 17/2016
Summary
Civil Appeal – Whether the Court of Appeal applied the correct test for requests by beneficiaries for access to trust documents – Whether the Court of Appeal applied the correct test for review of a trustee’ s decision – Whether the Court of Appeal erred in upholding the High Court decision not to order disclosure of trust documents. [2016] NZCA 7 CA217/2015
Result
A Leave to appeal is granted (Erceg v Erceg [2016] NZCA 7, [2016] 2 NZLR 622).
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?
17 June 2016
____________
A The appeal is dismissed.
B The appellant must pay to the respondents costs of $25,000 plus reasonable disbursements (to be fixed by the Registrar in the absence of agreement between the parties). We certify for two counsel.
8 March 2017
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?
17 June 2016
____________
A The appeal is dismissed.
B The appellant must pay to the respondents costs of $25,000 plus reasonable disbursements (to be fixed by the Registrar in the absence of agreement between the parties). We certify for two counsel.
8 March 2017
Transcripts
- Hearing date 1 September 2016 (PDF, 709 KB)
Media Releases
- MR [2017] NZSC 28 (PDF, 266 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Supreme court decision
Substantive judgment
ERCEG v ERCEG [2017] NZSC 28 [8 March 2017] (PDF, 368 KB)
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 18/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in ordering costs against the applicant. [2016] NZCA 45 CA 855/2012
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
29 April 2016
B The applicant must pay the respondent costs of $2,500.
29 April 2016
Leave judgment - leave dismissed
Recall judgment
High Court decision
Judgment appealed from
Case name
Graham D’Arcy-Smith v Natural Habitats Limited
Case number
SC 19/2016
Summary
Civil appeal – Whether the Employment Court erred in determining that the applicant was not an employee – Whether the Employment Court erred in not addressing a matter argued by the applicant.[2015] NZEmpC 123 ARC 57/14
Result
The application for leave to appeal is dismissed.
The applicant must pay costs of $500 to the respondent.
28 April 2016
The applicant must pay costs of $500 to the respondent.
28 April 2016
Leave judgment - leave dismissed
Case name
New Zealand Aluminium Smelters Limited v Weller & Ors
Case number
SC 20/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. [2016] NZCA 19 CA 313/2014
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
27 April 2016
B Costs of $2,500 are awarded to the respondents.
27 April 2016
Employment Court decision
Leave judgment - leave dismissed
Case name
Anthony Pratt Kaye and Morva Kaye v Norris Ward McKinnon
Case number
SC 29/2016
Summary
Civil Appeal – Whether Court of Appeal erred in finding that the respondents had not breached duty of care – Whether Court of Appeal erred in finding that the respondents had not caused the applicants any loss.
[2016] NZCA 32 CA333/2015
[2016] NZCA 32 CA333/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
15 June 2016
B The applicant must pay the respondent costs of $2,500.
15 June 2016
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Prattley Enterprises Limited v Vero Insurance New Zealand Limited
Case number
SC 32/2016
Summary
Civil Appeal – Whether the Court of Appeal incorrectly assessed the applicant’s entitlement under the insurance policy issued by the respondent – Whether the applicant is entitled to relief from the parties’ settlement agreement under s 6 of the Contractual Mistakes Act 1977.[2016] NZCA 67 CA 400/2015
Result
A Leave to appeal is granted (Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67).
B The approved grounds are:
(a) the nature and extent of the respondent’s liability under the insurance policy; and
(b) the effect of the release.
20 June 2016
____________
A The appeal is dismissed.
B Prattley is to pay Vero costs of $25,000 together with reasonable disbursements to be fixed by the Registrar.
6 December 2016
B The approved grounds are:
(a) the nature and extent of the respondent’s liability under the insurance policy; and
(b) the effect of the release.
20 June 2016
____________
A The appeal is dismissed.
B Prattley is to pay Vero costs of $25,000 together with reasonable disbursements to be fixed by the Registrar.
6 December 2016
Transcripts
- Hearing date 10 - 11 October 2016 (PDF, 838 KB)
Media Releases
- MR [2016] NZSC 158 (PDF, 246 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Case number
SC 33/2016
Summary
Civil Appeal – Court of Appeal Civil Rules 2005 – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision to decline to dispense with security for costs. [2016] NZCA 78 CA 740/2015
Result
The applications for leave to appeal are dismissed.
17 May 2016
17 May 2016
Leave judgment - leave dismissed
Judgment appealed from
HC judgment
HC judgment
Case name
Michael Marino v The Chief Executive of the Department of Corrections
Case number
SC 35/2016
Summary
Civil Appeal – Application for habeus corpus – Whether the Court of Appeal erred in its interpretation of ss 91(1) and 90(2) of the Parole Act 2002.[2016] NZCA 117 CA 129/2016
Result
A Leave to appeal is granted (Marino v The Chief Executive of the Department of Corrections [2016] NZCA 133).
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?
6 May 2016
______________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’ s appeal is dismissed.
22 September 2016
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?
6 May 2016
______________
A Mr Marino’s appeal is allowed. Costs are reserved.
B Mr Booth’ s appeal is dismissed.
22 September 2016
Transcripts
- Hearing date 6 July 2016 (PDF, 372 KB)
- Hearing date 26 July 2016 (PDF, 416 KB)
Media Releases
- MR [2016] NZSC 127 (PDF, 255 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
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