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
Vincent Ross Siemer v Solicitor-General
Case number
SC 14/2012
Summary
Civil Appeal – Security for costs – Court of Appeal Rules (Civil) 2005, r 35 – Appeal against Court of Appeal decision to decline review of Acting Registrar’s decisions as to security for costs – Whether rule 35 violates the rule of law as it is neither fixed nor predictable – Whether Court of Appeal judgment amounts to an unlawful restriction to court access by imposing a financial barrier to court access and without providing an analysis of the merits of the appeal – Whether Court of Appeal judgment amounts to unlawful governmental protection by preventing appeal challenge to a Crown Judge’s decision to strike out a statutory claim against a Crown officer – Whether rule 35 as currently applied is inconsistent with s 27 of the New Zealand Bill of Rights Act 1990 and art 14 of the International Covenant on Civil and Political Rights. CA 545/2011  [2012]  NZCA 68
Dates
Application for leave to appeal dismissed.
15 May 2012.
Case name
Vincent Ross Siemer v The Chief Justice and The Attorney-General
Case number
SC 15/2012
Summary
Civil Appeal – Security for costs – Court of Appeal Rules (Civil) 2005, r 35 – Appeal against Court of Appeal decision to decline review of Acting Registrar’s decisions as to security for costs – Whether rule 35 violates the rule of law as it is neither fixed nor predictable – Whether Court of Appeal judgment amounts to an unlawful restriction to court access by imposing a financial barrier to court access and without providing an analysis of the merits of the appeal – Whether Court of Appeal judgment amounts to unlawful governmental protection by preventing appeal challenge to a Crown Judge’s decision to strike out a statutory claim against a Crown officer – Whether rule 35 as currently applied is inconsistent with s 27 of the New Zealand Bill of Rights Act 1990 and art 14 of the International Covenant on Civil and Political Rights. CA 558/2011  [2012]  NZCA68
Dates
Application for leave to appeal dismissed.
15 May 2012.
Case name
Michael Peter Stiassny, Grant Robert Graham, Forestry Corporation of New Zealand Limited (in receivership), Citic New Zealand Limited (in receivership), CNI Forest Nominees Limited and Bank of New Zealand v Commissioner of Inland Revenue
Case number
SC 21/2012
Summary
Civil Appeal – Goods and services tax – Restitution – Recovery of a GST payment paid by the first appellants to the respondent in the mistaken belief that they were personally liable for the debt – Whether secured creditors own the proceedings of sale of assets that are subject to registered fixed charges at the time of sale, if they are sold for less than the secured debts to which the charges relate – Whether the first appellants were entitled to apply the proceeds of sale of the Central North Island Forestry Partnership (CNIFP) assets to the payment of GST amount, in priority to the claims of the secured creditors – Whether the GST payment was “ debtor-initiated” in terms of s 95 of the Personal Property Securities Act 1999 (PPSA) – Whether s 95 of the PPSA barred the recovery of the GST payment if it was made under a mistake – Whether the second and third appellants have a cause of action in restitution for the recovery of their mistaken payment – Whether the first appellants have a cause of action in restitution for the recovery of their mistaken payment – Whether the security trustees have a cause of action in restitution for the recovery of the mistaken payment made by the first appellants to the Commissioner of Inland Revenue –  Whether “good faith” is a pre-requisite for a defence of the provision of good consideration to the payer to a claim for the recovery of a payment made under a mistake – Whether the first appellants are entitled to recover GST payment pursuant to their tax challenge cause of action pursuant to the Tax Administration Act 1994.SC 775/2010   [2012] NZCA 93
Result

A  Leave to appeal is granted.

B  The approved grounds are:

(i)  whether the GST payment was a “ debtor-initiated payment” in terms of s 95 of the Personal Property Securities Act 1999 so as to confer priority to the Commissioner over any claim to those moneys by any respondent;

(ii)  whether any of the appellants can recover the amount of GST so paid from the Commissioner on the basis that it was paid by the receivers under a mistaken belief that they were personally liable to pay it or on any other basis.

8 May 2012

_____________________________

The appeal is dismissed.

The appellants are to pay the respondent’ s costs in this Court in the sum of $40,000 together with reasonable disbursements as fixed by the Registrar.

28 November 2012
Transcript

Hearing dates : 27 and 28 September 2012

McGrath, William Young, Chambers, Gault, Blanchard JJ.
Case name
Manukau Golf Club Incorporated v Shoye Venture Limited
Case number
SC 36/2012
Summary
 CA  747/2011  [2012] NZCA154
Result

Leave to appeal is granted.

The approved questions are whether the Court of Appeal was wrong:

(i) to make no order for costs in respect of the appeal; and
(ii) to give no reasons.

19 July 2012

________________________

The appeal is allowed. 
The respondent must pay to the appellant, with respect to costs in the Court of Appeal, costs of $12,220, plus disbursements of $5,051.73. 
By agreement, no order as to costs in this Court. 

4 December 2012
Transcript

Hearing date : 4 October 2012

McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Vincent Ross Siemer v Michael Richard Heron and others
Case number
SC 39/2012
Summary
Civil Appeal – Procedure – Security for costs – Whether the High Court erred in ordering that the applicant, an undischarged bankrupt, pay security for costs. CIV 2010 404 6880  17 March 2011
Dates

The application for leave to appeal is refused.

The applicant is to pay the First and Second Respondents costs of $2500.00.

18 July 2012.
Case name
Ann Mary Seaton v Minister for Land Information
Case number
SC 44/2012
Summary
Civil – s 23 Public Works Act 1981– compulsory acquisition – whether s 23 empowers the Minister to acquire land indirectly required for a Government work – whether the Minister’s intention to transfer the easement interests to Transpower and Orion following acquisition meant that he had not acted for a proper purpose as required by s 23.[2012]NZCA 234  CA   360/2011
Result
The application for leave to appeal is granted. The approved ground is whether the Court of Appeal was correct in its interpretation and application of the relevant provisions of the Public Works Act 1981 in the circumstances of this case?
25 July 2012
___________________
A The appeal is allowed.
B The judgment of the Court of Appeal is set aside.
C The orders made in the High Court are restored.
D The respondent is to pay the appellant, with respect to costs in this Court, the sum of $25,000 together with disbursements to be fixed, if necessary, by the Registrar.
E  If the parties cannot agree on costs in the Court of Appeal, the Court of Appeal must fix them.
29 April 2013
Media Releases
Transcript

Hearing date : 13 November 2012

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Case name
Vector Limited v Commerce Commission
Case number
SC 46/2012
Summary
[2012]NZCA 220  CA   702/2011
Result

Leave to appeal is granted.

The approved grounds are whether under the Commerce Act 1986 the s 54K(3) power:

(i) is able to be exercised in the manner provided for in s 53P(3)(b) in the absence of a published input methodology (or methodologies) specific to starting price adjustment under s 53P(3)(b); and, if so:

(ii) permits change only to the extent necessitated by the newly published input methodology relied on by the Commission.

14 August 2012

__________________________

The appeal is dismissed.
The appellant is to pay the respondent costs of $40,000 together with disbursements to be fixed, if necessary, by the Registrar. 

15 November 2012
Transcript

Hearing dates : 9 and 10 October 2012

McGrath, William Young, Glazebrook, Blanchard, Anderson JJ.
Case name
Vincent Ross Siemer v Michael Heron and others
Case number
SC 56/2012
Summary
Civil Appeal – Security for Costs – Whether Court of Appeal was correct to uphold decision of Acting-Registrar to decline application to dispense with security for costs.CA  103/2012
Dates

Application for leave to appeal dismissed.
Costs $2,500 to the respondent.

30 October 2012.
Case name
Francisc Catalin Deliu v The New Zealand Law Society
Case number
SC 59/2012
Summary
Civil Appeal – Evidence – Costs – Whether the Court of Appeal erred in allowing a factual determination to be made without any admissible evidential foundation – Whether the Court of Appeal erred in determining serious appellate litigation on the basis of hypothetical, conjectural or speculative actions to override the usual presumption of one trial – Whether the Court of Appeal erred in ordering costs against the appellant without an application. [2012]NZCA 359  CA  796/2011
Dates

Application for leave to appeal dismissed. 
Costs $2,500 to the respondent.

30 October 2012.
Case name
Vincent Ross Siemer v Judicial Conduct Commissioner and others
Case number
SC 60/2012
Summary
Civil Appeal – Security for Costs – Whether Court of Appeal was correct to uphold decision of Acting-Registrar to decline application to dispense with security for costs.CA  422/2012
Dates

Application for leave to appeal dismissed.  Costs $2,500 to the respondent.

1 November  2012.
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