The Court of Appeal of New Zealand is the principal intermediate
appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
of
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the
High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in
Wellington
Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by me ...
.
The Court and its work
![COA courtroom 1](https://upload.wikimedia.org/wikipedia/commons/1/1e/COA_courtroom_1.jpg)
The President and nine other permanent appellate
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s constitute the full-time working membership of the Court of Appeal.
The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconded for that purpose.
In the main, criminal appeals will be allocated to a Divisional Court unless the President otherwise directs. This recognises the insights which judges with current trial experience bring to criminal appeals.
Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
for the appellant or respondent may request a direction that a particular appeal be instead allocated to a Permanent Court or a Full Court.
Longer civil appeals or areas that raise legal issues of public significance will usually be allocated to a Permanent Court. Appeals from decisions of associate judges of the High Court and shorter civil appeals that raise mainly factual issues, usually will be allocated to a Divisional Court unless the President otherwise directs. Again counsel for the appellant or respondent may request a direction that a particular appeal be allocated to a Divisional Court, a Permanent Court, or a Full Court.
The President will also determine whether an appeal (criminal or civil) is of sufficient significance to warrant the consideration of a Full Court of five members. The President will, where appropriate, consult with other permanent judges. Such a decision typically is made only once or twice a year.
How cases come to the court
The Court of Appeal deals with
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
appeals from matters heard in the High Court, and serious criminal charges from the District Court. Matters appealed to the High Court from the District Court and certain tribunals can be taken to the Court of Appeal with
leave
Leave may refer to:
* Permission (disambiguation)
** Permitted absence from work
*** Leave of absence, a period of time that one is to be away from one's primary job while maintaining the status of employee
*** Annual leave, allowance of time away ...
, if a second appeal is warranted. The court may also grant leave to hear appeals against pre-trial rulings in criminal cases, and appeals on questions of law from the Employment Court. The court sits as a Permanent Court in Wellington in "sessions" lasting three weeks. These are followed by two "circuit" weeks, in which members of the Permanent Court either sit in Divisional Courts or else write
judgments
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle s ...
. Divisional Courts are conducted on circuit – in the regions. There are approximately forty Divisional Court weeks, divided into twenty in
Auckland
Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...
, sixteen in
Wellington
Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by me ...
, two or three weeks in
Christchurch
Christchurch ( ; mi, Ōtautahi) is the largest city in the South Island of New Zealand and the seat of the Canterbury Region. Christchurch lies on the South Island's east coast, just north of Banks Peninsula on Pegasus Bay. The Avon River / ...
and one week in
Dunedin
Dunedin ( ; mi, Ōtepoti) is the second-largest city in the South Island of New Zealand (after Christchurch), and the principal city of the Otago region. Its name comes from , the Scottish Gaelic name for Edinburgh, the capital of Scotland. Th ...
. The court maintains two courtrooms in Auckland, along with judges chambers. These are located in the heritage premises of the High Court building on Waterloo Quadrant, constructed in 1865-68. Appeals from the upper North Island are generally heard there, and appeals from the South Island are generally heard in Christchurch or Dunedin. But where urgency dictates, a divisional appeal will be heard in Wellington. On occasion the Permanent Court sits in Auckland, in cases of substantial local public interest.
Civil proceedings
The Court of Appeal (Civil) Rules 2005 set out the procedural requirements for pursuing civil appeals. The Court of Appeal has jurisdiction to hear and determine appeals from any judgment, decree or order of the High Court. Where the appeal to the Court of Appeal is itself an appeal from another court to the High Court, a further appeal to the Court of Appeal is available only if leave to appeal is given by the High Court or, where leave is refused by the High Court, by the Court of Appeal. Appeals on questions of law from the Employment Court can, with the leave of the Court of Appeal, be brought to the Court of Appeal.
Criminal proceedings
Any person convicted in the High Court or, on more serious charges, in the District Court may appeal to the Court of Appeal against the conviction, or the sentence passed on conviction, or both. The court has jurisdiction to hear appeals against pre-trial rulings in criminal cases. There is a right of appeal with respect to High Court decisions granting or refusing
bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countries ...
or in respect of conditions of bail.
The Court of Appeal (Criminal) Rules 2001 set out the procedural requirements for pursuing criminal appeals in the Court of Appeal. The Crimes Act 1961 and Criminal Procedure Act 2011 also contain both substantive and procedural provisions relevant to criminal appeals to the Court of Appeal.
An appeal or application for leave to appeal must be dealt with by way of a hearing involving oral submissions unless the judge or court making the decision on the mode of hearing determines that the appeal or application can be fairly dealt with on the papers.
Appellant in custody are not entitled to be present at a hearing involving oral submissions unless there is a legislative right to be present, or the Court of Appeal grants leave.
Audio-visual
Audiovisual (AV) is electronic media possessing both a sound and a visual component, such as slide-tape presentations, films, television programs, corporate conferencing, church services, and live theater productions.
Audiovisual service prov ...
links are often used by the court.
Judges of the Court of Appeal
The current judges of the Court of Appeal are:
The current registrar of the court is Maryanne McKennie.
History of the Court of Appeal
The Court of Appeal has existed since 1862. Before the establishment of the Court of Appeal, appeals from High Court (then known as the Supreme Court) decisions were heard by the
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and members of the
Executive Council of New Zealand
The Executive Council of New Zealand ( mi, Te Komiti Matua o Aotearoa) is the full group of " responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive ...
. This was a temporary measure until there were sufficient judges to constitute a court of appeal. By 1860, the High Court bench was large enough to sustain a court of appeal, but not large enough to provide a permanent court of appeal. In 1862 the Court of Appeal was consisted of judges of the High Court on a rotating basis. It initially sat in Christchurch and Dunedin, and then moved to Wellington when that city became capital in 1865. The increase in the court's workload and the practical difficulties of High Court judges making themselves available for appellate work, resulted in the call for a permanent court of appeal. In 1957 the permanent Court of Appeal was established in Wellington with three specifically appointed Court of Appeal judges. Before the Supreme Court was established, the chief justice was a member of the Court of Appeal by virtue of office, but the permanent complement of the court comprised the President and six permanent members. Today the court consists of the President and nine other judges. The number of permanent Court members has risen as the volume and complexity of litigation and appeals have increased. There are now ten permanent members. The Court of Appeal delivered 628 judgments in 2017.
Former Presidents of the Court of Appeal
:* Hon
Stephen Kós
John Stephen Kós (born 23 January 1959) is a New Zealand judge on the Supreme Court of New Zealand and the former President of the Court of Appeal of New Zealand.
Early life and career
The son of a Hungarian refugee, Kós was born in Mosgiel ...
, KC 22 July 2016 – 21 April 2022
:* Hon Dame
Ellen France
Dame Ellen Dolour France (née Larkin; born 1956) is a New Zealand jurist. She is currently a justice of the Supreme Court, and was previously the president of the Court of Appeal.
Biography
Ellen Dolour Larkin was born to parents who were b ...
, DNZM 1 September 2014 – 21 July 2016
:* Hon Sir
Mark O'Regan
Sir Mark Andrew O'Regan (born 1953) is a New Zealand lawyer and jurist. He was the President of the Court of Appeal of New Zealand until his elevation to the Supreme Court of New Zealand in 2014.
Biography
Educated at St. Patrick's College, S ...
, KNZM 1 July 2010 – 1 September 2014
:* Hon Sir
William Young William, Will, Bill or Billy Young may refer to:
Arts and entertainment
* William Young (composer) (died 1662), English composer and viola da gambist
* William Young (architect) (1843–1900), Scottish architect, designer of Glasgow City Chambers ...
, KNZM KC 23 February 2006 – 1 July 2010
:* Hon Sir
Noel Anderson
Sir Noel Crossley Anderson (3 January 1944 – 6 October 2021) was a New Zealand judge who was President of the Court of Appeal of New Zealand from 2004 to 2006, before being elevated to the Supreme Court. He left office in 2008.
Career
Ander ...
, KNZM QC 1 January 2004 – 23 February 2006
:* Rt Hon Sir
Thomas Gault
Sir Thomas Munro Gault (, 31 October 1938 – 19 May 2015) was a New Zealand jurist. He was a Justice of the Supreme Court of New Zealand and a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court o ...
, KNZM QC 24 May 2002 – 31 December 2003
:* Rt Hon Sir
Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council.
Education
He was a student at Timaru Boys' H ...
, PCNZM QC 17 February 1996 – 23 May 2002
:* Rt Hon Sir
Robin Cooke, ONZ KBE QC 1 May 1986 – 16 February 1996
:* Rt Hon Sir
Owen Woodhouse
Sir Arthur Owen Woodhouse (18 July 1916 – 15 April 2014) was a New Zealand jurist and chair of government commissions.
Biography
Woodhouse was born in Napier in 1916 and completed an LL.B. at the University of Auckland in 1940. He served as ...
, ONZ KBE DSC 1 May 1981 – 1 May 1986
:* Rt Hon Sir
Clifford Richmond
Sir Clifford Parris "Kip" Richmond (23 June 1914 – 29 January 1997) was a New Zealand lawyer and judge. He served as president of the Court of Appeal of New Zealand between 1976 and 1981.
Biography
Richmond was born on 23 June 1914 in Aucklan ...
, KBE 20 May 1976 – 30 April 1981
:* Rt Hon Sir
Thaddeus McCarthy
Thaddeus (Latin ''Thaddaeus'', Ancient Greek Θαδδαῖος ''Thaddaĩos'', from Aramaic תדי ''Ṯaday'') is a male given name.
As of the 1990 Census, ''Thaddeus'' was the 611th most popular male name in the United States, while ''Thad'', ...
, ONZ KBE 1 July 1973 – 19 May 1976
:* Rt Hon Sir
Alexander Turner, KBE QC 1 February 1972 – 29 June 1973
:* Rt Hon Sir
Alfred North, KBE QC 22 July 1963 – 31 January 1972
:* Rt Hon Sir
Kenneth Gresson
Sir Kenneth Macfarlane Gresson (18 July 1891 – 7 October 1974) was a New Zealand soldier, lawyer, university lecturer and judge. He was born on 18 July 1891 and attended Rangi Ruru. His father, John Beatty Gresson, was a solicitor in Christ ...
, KBE 23 October 1957 – 17 July 1963
Notable cases of the Court of Appeal
;''R v AM''
010NZCA 114,
0102 NZLR 750 (31 March 2010)
: Tariff judgment providing guidance for judges sentencing defendants for rape and unlawful sexual connection.
;''R v Harpur''
010NZCA 319, 24 CRNZ 909 (23 July 2010)
:The defendant's conduct in meeting up with a woman with the intention of raping her 4-year old sister was sufficiently proximate conduct to be an attempted sexual violation despite the fact the 4-year old sister did not exist.
;''Ridca Central v VM''
011NZCA 659,
012 012 may refer to:
* Tyrrell 012, a Formula One racing car
* The dialing code for Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassie ...
1 NZLR 641 (19 December 2011)
: Judgment providing guidance for when orders requiring compulsory care of intellectually disabled persons detained under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 should be extended.
;''Ministry of Health v Atkinson''
012 012 may refer to:
* Tyrrell 012, a Formula One racing car
* The dialing code for Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassie ...
NZCA 184,
012 012 may refer to:
* Tyrrell 012, a Formula One racing car
* The dialing code for Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassie ...
3 NZLR 456 (14 May 2012)
: The Ministry of Health's policy of excluding family members from payment of disability services to their children was unjustified discrimination on the ground of family status.
;''Hall v R''
015NZCA 403 (2 September 2015)
: Judgment providing guidance on the procedure to be adopted for appeals against conviction on the ground that the defendant's counsel at trial made errors in the conduct of the defence.
;''R v Harrison''
016NZCA 381 (10 August 2016)
: Judgment providing interpretation of "manifestly unjust" in relation to the "three strikes" regime contained in the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010, now repealed, was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offence ...
.
;''Attorney-General v Taylor''
017NZCA 215 (26 May 2017)
: Judgment providing guidance on the voting rights of prisoners.
References
External links
The history of the Court of Appeal (courtsofnz.govt.nz)The Court of Appeal (justice.govt.nz)
{{Authority control
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
New Zealand court system
1862 establishments in New Zealand
1862 in New Zealand
Courts and tribunals established in 1862