Background

The applicants were 14 and 17 years old when, in 2008, they killed an elderly man, Mr John Rowe, while burgling his home. In the High Court, having been convicted of murder, the applicants were both sentenced to life imprisonment with a minimum period of imprisonment of 17 years. In 2011, Ms Te Wini successfully appealed her conviction to the Court of Appeal, which ordered a retrial. She subsequently pleaded guilty to an amended charge and was then sentenced to life imprisonment with a minimum period of imprisonment of 10 years. A further appeal to the Court of Appeal against sentence in 2013 was unsuccessful. Also in 2011, Ms Churchward appealed her conviction and sentence. The Court of Appeal dismissed the appeal against conviction but allowed the sentence appeal in part by reducing Ms Churchward’s minimum period of imprisonment to 13 years.

This application for leave to appeal On 20 October 2025, the applicants applied for leave to appeal to the Supreme Court. The Supreme Court has directed that the applications for leave be set down for an oral hearing before a panel of five Judges. The issue for the Court is whether the applicants should be permitted to bring second appeals against their sentences more than 10 years out of time.

The Law Association of New Zealand has been granted leave to intervene.