Supreme Court Rules 2004

Reprint as at 1 May 2009

Supreme Court Rules 2004

(SR 2004/199)

Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 28th day of June 2004

Present:
Her Excellency the Administrator of the Government 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, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 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

2 Commencement

Part 1
Preliminary and general matters

3 Interpretation

4 Application to civil and criminal proceedings

5 Directions

6 Effect of non-compliance with rules

7 Power under rules to determine ancillary matters may be exercised by a Judge

8 Heading, point size, and margin

9 Index must be kept

10 Filing and service of documents

Part 2
Applications for leave to appeal

11 Time for making application for leave

12 Forms for applications for leave

13 Mode of bringing application for leave for civil appeal

14 Mode of bringing application for leave for criminal appeal

15 Matters to be stated in application for leave

16 Documents required to accompany application for leave to bring civil appeal

17 Documents to be supplied where leave sought for appeal under section 383A(1) of Crimes Act 1961

18 Documents to be supplied where leave sought under section 383(1) of Crimes Act 1961 (direct appeal)

19 Documents to be supplied in case of other application for leave for criminal appeal

20 Written submissions on leave application

20A Notice in respondent's submission that judgment will be supported on other grounds

21 Leave may be given for amendments to applications

22 Hearing dates for applications for leave that are to be heard orally

23 Filing of bundle of authorities

24 Oral submissions on leave application

25 Respondent's appeal may be sole appeal

26 Leave may be given subject to conditions

27 Delivery of judgment on leave to appeal

Part 3
Institution and prosecution of appeals

Appeal instituted by leave and confined to approved grounds

28 Notice of appeal not required if leave given

29 Appeal confined to approved grounds

Proceedings not stayed by appeal

30 Stay of proceedings and execution

Steps to be taken before hearing

31 Security for costs in civil appeal

32 Allocation of hearing date

33 Timetable may be fixed for criminal appeals

34 Obligations of parties in preparing draft case on appeal

35 Filing and form of case on appeal

36 Written submissions on appeals

37 Filing of bundle of authorities

Termination before hearing

38 Appeal abandoned if not pursued

39 Abandonment of appeal by party

Matters of evidence and information

40 Application for leave to adduce further evidence

41 Court may call for exhibits, etc, and request report from court or tribunal of first instance

Part 4
Determination of appeal

42 Delivery of judgment

43 Notification of result of appeal to other courts

44 Costs and disbursements

45 Repayment of judgment sum and interest

46 Successful appellant entitled to return of amount paid under sentence

Schedule
Forms

Gazette information

Supreme Court Amendment Rules 2009

Reprint notes

Rules