Subscribe to the RSS feed Print this page

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.

14 May 2024

Case information summary 2024 (as at 14 May 2024) –  Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024)  – Cases where leave to appeal decision not yet made (PDF, 92 KB)

All years

Case name
Richard Kumar v The King
Case number
SC 87/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
District Court decision
[2019] NZDC 19350
Court of Appeal decision
CHAND v R [2023] NZCA 276
Case name
Phillip John Smith v The King
Case number
SC 88/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
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 dismissed.
17 October 2023
District Court decision
[2016] NZDC 13828
Court of Appeal decision
SMITH v R [2020] NZCA 499 [16 October 2020]
Leave judgment - leave dismissed
PHILLIP JOHN SMITH v R [2023] NZSC 134 [17 October 2023] (PDF, 196 KB)
Case name
Sandy Zhujun Dai v Professional Conduct Committee of the New Zealand Institute of Chartered Accountants
Case number
SC 89/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
22 April 2024
High Court decision
Not publicly available
Court of Appeal decision
DAI v PROFESSIONAL CONDUCT COMMITTEE OF THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS [2023] NZCA 132 [28 April 2023]
Leave judgment - leave dismissed
SANDY ZHUJUN DAI v PROFESSIONAL CONDUCT COMMITTEE OF THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS [2024] NZSC 38 [22 April 2024 (PDF, 169 KB)
Case name
F (SC 90/2023) v The King
Case number
SC 90/2023
Summary
Criminal Appeal
Result
A Leave is granted in part (Dallison v R [2023] NZCA 282).
B The approved question is whether the Court of Appeal erred in declining to make the order sought by the applicant under s 205(2)(c) of the Criminal Procedure Act 2011.
C The application for leave to appeal is otherwise dismissed.
D We make an order prohibiting publication of the applicant’s name, address, occupation and identifying particulars and of the information to which the application under s 205(2)(c) of the Criminal Procedure Act 2011 relates until final resolution of the appeal to this Court.
30 October 2023
Date of hearing
28 February 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Miller JJ
Case Synopses
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
F (SC 90/2023) v R [2023] NZSC 143 [30 October 2023] (PDF, 166 KB)
Case name
K (SC 91/2023) v The King
Case number
SC 91/2023
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Brian Joseph Linehan, Shannon James Walsh and Ross Douglas Blair as trustees of the Eliza Trust v Thames-Coromandel District Council
Case number
SC 92/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
10 November 2023
High Court decision
LINEHAN v THAMES COROMANDEL DISTRICT COUNCIL [2021] NZHC 3234 [29 November 2021]
Court of Appeal decision
LINEHAN v THAMES-COROMANDEL DISTRICT COUNCIL [2023] NZCA 288 [12 July 2023]
Leave judgment - leave dismissed
BRIAN JOSEPH LINEHAN v THAMES-COROMANDEL DISTRICT COUNCIL [2023] NZSC 149 [10 November 2023] (PDF, 183 KB)
Case name
T (SC 93/2023) v The King
Case number
SC 93/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
27 February 2024
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
T (SC 93/2023) v R [2024] NZSC 19 [27 February 2024] (PDF, 181 KB)
Case name
Shiraz Holiday Limited v Body Corporate 406198, Property Opportunities Limited, Biano Limited (In Liquidation) and Avondale Properties Limited (In Liquidation)
Case number
SC 94/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the first respondent costs of $2,500.
5 December 2023
High Court decision
BODY CORPORATE 406198 v PROPERTY OPPORTUNITIES LIMITED [2022] NZHC 418 [10 March 2022]
Court of Appeal decision
BODY CORPORATE 406198 v PROPERTY OPPORTUNITIES LIMITED [2023] NZCA 302 [19 July 2023]
Leave judgment - leave dismissed
SHIRAZ HOLIDAY LIMITED v BODY CORPORATE 406198 [2023] NZSC 157 [5 December 2023] (PDF, 183 KB)
Case name
P v The King
Case number
SC 95/2023
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
20 September 2023
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Ian James Burden, PGT Reclaimed (International) Limited and Plantation Grown Timbers (Vietnam) Limited v ESR Group (NZ) Limited
Case number
SC 96/2023
Summary
Civil Appeal
Result
A The application for leave to appeal is granted (ESR Group (NZ) Ltd v Burden [2023] NZCA 335).
B The approved questions are as follows:
(a) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that a copyright holder’s consent is not necessary for a work to be “in circulation”?
(b) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that circulation outside of New Zealand could constitute “circulation”?
7 December 2023
Date of hearing
26 April 2024
Judges
Glazebrook, Ellen France, Williams Kós and O'Regan JJ
Submissions from counsel
Case Synopses
High Court decision
BURDEN v ESR GROUP (NZ) LTD [2022] NZHC 1818 [29 July 2022]
Court of Appeal decision
ESR GROUP (NZ) LIMITED v BURDEN [2023] NZCA 335 [31 July 2023]
Leave judgment - leave granted
IAN JAMES BURDEN v ESR GROUP (NZ) LIMITED [2023] NZSC 159 [7 December 2023] (PDF, 160 KB)
Page 14 of 243