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.
28 November 2025
Case information summary 2025 (as at 28 November 2025) – Cases where leave granted (PDF, 87 KB)
Case information summary 2025 (as at 28 November 2025) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
Malcom Alan Francis v The Queen
Case number
SC 70/2005
Summary
Criminal Law - alleged counsel error - whether the accused’s failure to give evidence at trial led to a miscarriage of justice - whether the admission of certain evidence at trial led to a miscarriage of justice.CA 186/03 7 July 2004
Result
Leave to appeal dismissed. 13 February 2006
Leave judgment - leave dismissed
FRANCIS V R SC 70/2005 13 February 2006 (PDF, 11 KB)
Judgment appealed from
Case name
Portage Licensing Trust v Avondale Hotel No 1 Limited & Peninsula Motor Hotel Limited
Case number
SC 71/2005
Summary
Civil appeal - whether the Court of Appeal erred in determining the proper basis for the implication of terms in a lease contract - whether the Court of Appeal's approach is consistent with its judgment in Vickery v Waitaki International Ltd [1992] 2 NZLR 58.CA 142/04 2 November 2005
Result
Leave to appeal dismissed. 1 March 2006
Leave judgment - leave dismissed
Judgment appealed from
Case name
Jason John Cumming v The Queen
Case number
SC 72/2005
Summary
Criminal appeal - whether the Court of Appeal erred in holding an accused should be allowed to invoke right of self-representation where their decision was "fully informed and deliberate" whether the trial judges summing up and other interventions during the course of the trial led to a miscarriage of justice.CA 43/03 2 November 2005.
Result
Leave to appeal granted.
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
Date of hearing
19 October 2006
Judges
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ: substantive hearing: 28 February 2008
Media Releases
- mediarelease sc722005cummingvr 000 (PDF, 87 KB)
Court of Appeal decision
Leave judgment - leave granted
CUMMING V R SC 72/2005 [27 March 2006] (PDF, 12 KB)
Substantive judgment
CUMMING v R SC 72/2005 [15 May 2008] (PDF, 51 KB)
Case name
Waitakere City Council v Estate Homes Limited
Case number
SC 73/2005
Summary
Resource management - whether Court of Appeal erred in answering four questions of law - whether a subdivision consent application can be altered by the local authority, and granted subject to the alterations, as long as no prejudice arises to the applicant, other parties, or public - whether a consent can be granted subject to conditions more favourable than those applied for - whether Court of Appeal erred in finding that construction of road fell within s108(2)(c) RMA - whether Court of Appeal erred in finding that acquisition of centre part of road fell within s322(2)(a) Local Government Act 1974 - whether Court of Appeal erred in sending proceedings back to Environment Court.CA 210/04 11 November 2005
Result
Leave to appeal granted.
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
Transcripts
- Hearing date 11 July 2006 (PDF, 1.3 MB)
Media Releases
- waitakerecitycouncilmediarelease (PDF, 108 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Phillip Edward Crooks v R
Case number
SC 74/2005
Summary
Criminal law - inducing and indecent act and indecent assault on a girl under 14 years - whether Court of Appeal judgment factually flawed - whether Court of Appeal finding that evidence of grooming complainant a "highly relevant aggravating feature" unreasonable having regard to the evidence (s24 Sentencing Act 2002).CA 157/05 17 November 2005
Result
Leave to appeal dismissed. 20 March 2006
Leave judgment - leave dismissed
CROOKS V R SC 74/2005 [20 March 2006] (PDF, 15 KB)
Case name
Governors Ltd & Stephen Kevin Chamberlain v George Albert Anderson and others
Case number
SC 75/2005
Summary
Civil - business premises unlawfully re-entered by landlord - whether damages correctly assessed - whether Court of Appeal properly dismissed an application to produce further evidence, without allowing the applicants to be heardCA 94/04 19 December 2005
Result
Leave to appeal dismissed. 5 April 2006
Recall judgment
Leave judgment - leave dismissed
Judgment appealed from
Case name
Francis Anthony Jew and Lilian Gail Godfrey as executors of the will of the late Eric Schroder and trustees of the Clevedon Trust.
Case number
SC CIV 1/2004
Summary
Challenge to court directions on trustees' duties in respect of Family Protection Act appeal where the trust is residuary beneficiary in the estate. CA 241/03 26 February 2004
Result
Leave to appeal refused. 6 May 2004
Leave judgment - leave dismissed
Judgment appealed from
not publicly available
Case name
Jason Paul Burke v The Superintendent, Wellington Prison, The Parole Board and the Attorney-General.
Case number
SC CIV 3/2004
Summary
Habeas Corpus CA 79/03 26 May 2004
Result
Leave to appeal refused. 30 June 2004
Leave judgment - leave dismissed
Judgment appealed from
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
Otago Station Estates Limited v John Robert Parker; and David John Parker and Lorraine Maree Parker.
Case number
SC CIV 6/2004
Summary
Civil appeal - method of payment of a deposit in a conveyancing transaction where notice of intention to cancel for non-payment of deposit has been given - whether payment in law requires legal tender or whether tendering a personal cheque is sufficient. CA 158/03 10 June 2004
Result
Leave to appeal granted.
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
Transcripts
- Hearing date 12 October 2004 (PDF, 63 KB)
- Hearing date 15 March 2005 (PDF, 257 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Judgment appealed from
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