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
Dwayne Russell Warakihi Maaka Smyth-Davoren v David Parker, Jacinda Ardern and Andrew Little
Case number
SC 47/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to grant an extension of time to file the case on appeal and apply for the allocation of a hearing date.
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
1 July 2019
_______________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
B No order as to costs.
1 July 2019
_______________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
Dwayne Russell Warakihi Maaka Smyth-Davoren v Elizabeth II Alexandra Mary Mountbatton (born Windsor)
Case number
SC 48/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to grant the extension of time.
Result
A The application for leave to appeal is dismissed.
B No order for costs.
1 July 2019
___________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
B No order for costs.
1 July 2019
___________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
Peter Hugh McGregor Ellis v The King
Case number
SC 49/2019
Summary
Criminal Appeal – Whether there was a miscarriage of justice arising from risks of contamination of or improperly obtained complainant evidence - Whether there was a miscarriage of justice arising from lack of expert evidence on the reliability of children complainants’ evidence – Whether there was a miscarriage of justice due to unreliable expert evidence being led at trial.
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.
31 July 2019
_____________________________________________________
The appeal is to continue despite the death of the appellant.
1 September 2020
_____________________________________________________
A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022
B The application for leave to appeal is granted.
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.
31 July 2019
_____________________________________________________
The appeal is to continue despite the death of the appellant.
1 September 2020
_____________________________________________________
A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022
Date of hearing
04 October 2021
- 15 October 2021
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ
Transcripts
- Hearing date 14 November 2019 (PDF, 246 KB)
- Hearing date 25 June 2020 Tikanga hearing (PDF, 308 KB)
- Hearing date 11 November 2020 (PDF, 146 KB)
- Hearing date 25 March 2021 (PDF, 151 KB)
- Hearing date 12 - 14 October 2021 (PDF, 1.1 MB)
Case Synopses
- Hearing date 14 November 2019 (PDF, 338 KB)
- Hearing date 25 June 2020 Tikanga hearing (PDF, 156 KB)
- Hearing date 25 March 2021 (PDF, 431 KB)
- Hearing date 4 October 2021 (onwards) (PDF, 235 KB)
Media Releases
- MR [2019] NZSC 83 (PDF, 61 KB)
- MR [2020] NZSC 89 (PDF, 66 KB)
- MR [2021] NZSC 63 (PDF, 279 KB)
- MR [2021] NZSC 77 (PDF, 279 KB)
- MR [2022] NZSC 114 (PDF, 293 KB)
- MR [2022] NZSC 115 (PDF, 339 KB)
Leave judgment - leave granted
Substantive judgment
Additional document
Supreme court decision
Supreme court decision
Substantive judgment
Substantive judgment
Videos
- Peter Hugh McGregor Ellis v R SC 49/2019 - 7 October 2022 (Recorded, 7 October 2022)
Case name
Synlait Milk Limited v New Zealand Industrial Park Limited and Ye Qing
Case number
SC 50/2019
Summary
Civil – Property Law Act 2007, s 317 – Whether the Court of Appeal erred in allowing the appeal and declining to modify covenants burdening land owned by the appellant.
Result
A By consent, an order is made substituting Synlait Milk Ltd for Stonehill Trustee Ltd as applicant subject to the conditions set out in the joint memorandum of counsel dated 6 September 2019.
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce. Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
______________________________
A The appeal is allowed.
B There is no order as to costs.
22 December 2020
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce. Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
______________________________
A The appeal is allowed.
B There is no order as to costs.
22 December 2020
Transcripts
- Hearing date 3 - 4 June 2020 (PDF, 621 KB)
Media Releases
- MR [2020] NZSC 157 (PDF, 535 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Transcript
Winkelmann CJ, Glazebrook and O'Regan JJ
Case name
Lance Phillip Newing v New Zealand Police
Case number
SC 51/2019
Summary
Criminal Appeal – Driving with excess blood alcohol – Whether the District Court erred in refusing to discharge the applicant without conviction.
Result
The application for leave to appeal is dismissed. 22 August 2019
District Court decision
Not publicly available
Leave judgment - leave dismissed
Case name
Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Case number
SC 52/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to find Mr Hannam personally liable under s 9 of the Fair Trading Act – Whether Court of Appeal was correct to order damages of $424,371 against the applicant and Mr Hannam – Whether the Court of Appeal was correct to find that the applicant breached the agreement for sale and purchase and the Fair Trading Act 1986.
Result
A Notice of withdrawal having been filed the application for leave to appeal is deemed to be dismissed.
3 July 2019
3 July 2019
High Court decision
Court of Appeal decision
Case name
Franco Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel and Auckland Council
Case number
SC 53/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in not setting aside the recommendations of the respondents in a judicial review claim having regard to all circumstances including the gravity of the respondent’ s error and prejudice to the applicant.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the second respondent.
10 October 2019
B The applicant must pay costs of $2,500 to the second respondent.
10 October 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
David Owen Lyttle v The Queen
Case number
SC 54/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to bring a pre-trial appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
18 July 2019
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
DAVID OWEN LYTTLE v R [2019] NZSC 75 [18 July 2019] (PDF, 42 KB)
Case name
T(SC 55/2019) v The Queen
Case number
SC 55/2019
Summary
Criminal Appeal – Criminal Procedure Act 2011 – Crimes Act 1961, s 306 – Whether the District Court erred in refusing to dismiss the charges.
Result
The application for leave to appeal is dismissed
26 July 2019
26 July 2019
Leave judgment - leave dismissed
PHILIP DEAN TAUEKI v R [2019] NZSC 82 [26 July 2019] (PDF, 37 KB)
District Court decision
Not publicly available
Case name
Allan Jack West v Geoffrey Allan West, David John Cameron West and The Partners of Langley Twigg Law
Case number
SC 56/2019
Summary
Civil Appeal – Particular discovery – Whether the Court of Appeal erred in holding that the High Court was functus officio and could not grant particular discovery.
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
9 October 2019
B There is no order as to costs.
9 October 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
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