Court of Appeal (Criminal) Rules 2001

Reprint as at 1 September 2010

Court of Appeal (Criminal) Rules 2001

(SR 2001/371)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 3rd day of December 2001

Present:
The Right Hon Helen Clark presiding in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Justice.

Pursuant to section 51C of the Judicature Act 1908, section 409 of the Crimes Act 1961, and section 73 of the Bail Act 2000, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and, as far as the rules regulate the practice and procedure of the Court of Appeal in the exercise of jurisdiction conferred by the Judicature Act 1908 and the Crimes Act 1961, with the concurrence of the Right Honourable the Chief Justice and at least 2 of the other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Interpretation

4 Application of rules

5 Forms

5A Submissions

Part 2
Procedure

Applications for leave to appeal

5B Forms of application for leave to appeal

5C Reply memorandum

5D Case management of application for leave to appeal

5E No need for notice of appeal if appeal to be heard

5F Procedure where leave to appeal is to be heard on papers, separately from proposed appeal

5G Procedure where leave to appeal is to be heard orally, separately from proposed appeal

5H Submissions where leave to appeal is determined simultaneously with appeal

5I Reasons for decision to grant or refuse leave

Institution of appeal

6 Form of notice of appeal

7 Other applications may be included in notice of appeal or of application for leave to appeal

8 Persons required or authorised to sign notices and other documents

9 Notice of application for leave to appeal is sufficient notice of appeal [Revoked]

10 Mode of bringing appeal and effecting service

11 Application for extension of time

12 Form must be treated as application for extension of time if notice given out of time

12A Complaint against trial counsel

12B Fresh evidence

12BA Deponent may be required to give evidence orally

12C Disparity of sentences

Preparation for hearing

13 Documents required for general appeals

14 Documents required for other appeals

15 Documents required for extension of time

16 Trial court may direct delivery of documents, etc

17 Court of Appeal may request trial court to provide report

18 Examination of witnesses otherwise than before court

19 Registrar may issue witness subpoenas

20 Authorities bundles

Mode of hearing

21 Application of mode of hearing provisions and appeals on papers provisions

22 Submissions on mode of hearing

23 Procedure within court to initially determine mode of hearing

24 Decision on mode of hearing

25 Further mode of hearing submissions

Oral appeals

26 Registrar to give parties notice of fixture for oral appeals

27 Timing of submissions on merits

28 Right of reply at oral hearing

Appeals on papers

29 Period allowed for making written submissions on merits

30 Timing of appeal on papers

31 Panel for hearing on papers

32 Change of mode of hearing

Decisions

33 Delivery of judgments

34 Review of decisions made by Judge

34A Judges to be identified

Part 3
Miscellaneous provisions

35 Abandonment of appeal

36 Persons to be heard by court before restitution order annulled or varied

36A Chief executive must notify victim about extended supervision order appeal

37 Payment received under fine must be retained until appeal decided

38 Successful appellant entitled to return of amount paid towards fine

39 Trial court Judge may give directions concerning order to pay prosecution costs, etc

40 Register must be kept

41 Mode of giving notice to court

42 Mode of giving notice to parties

43 Court order may enforce rules

44 Effect of non-compliance with rules

45 Cases not provided for in rules

45A Power to extend or shorten time appointed by rules or fixed by order

45B Correction of accidental slip or omission

46 Revocation and saving

Schedule
Forms

Gazette information

Court of Appeal (Criminal) Amendment Rules 2008

Reprint notes

Rules