Court of Appeal (Civil) Rules 2005

Reprint as at 1 March 2019

Coat of Arms of New Zealand

Court of Appeal (Civil) Rules 2005

(SR 2005/69)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 21st day of March 2005

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

Pursuant to section 51C of the Judicature Act 1908, Her Excellency the Governor-General, 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

1Title
2Commencement
3Interpretation
3ATransitional, savings, and related provisions
4Application of rules
5Directions
5ARegistrar’s powers
6Effect of non-compliance with rules
7Judge may exercise certain powers under rules or other enactments
7AJudges to be identified
8Correction of accidental slip or omission
8ARecalling or reopening judgment
9Heading, point size, and margin
10Filing and service of documents
10APractice note about electronic format
10BInformal applications
11Affidavits
12Stay of proceedings and execution
12APractice note about electronic format [Revoked]
[Revoked]
13Application of this Part
[Revoked]
14Time for making application for leave
15Form of application for leave
16When application for leave is brought
16AExtension of time for applying for leave
17Matters to be stated in application for leave
18Documents required to accompany application for leave
19Leave required for amendments to application for leave
19ARespondent must respond to application for leave
19BDisposal of application for leave
[Revoked]
20Respondent opposes application for leave [Revoked]
21Allocation of hearing date [Revoked]
22Case for application for leave [Revoked]
23Written submissions on contested application for leave
24Bundle of authorities [Revoked]
25Oral submissions on application for leave
[Revoked]
26Respondent consents to application for leave [Revoked]
[Revoked]
26AAbandonment of applications for leave
26BEffect of failing to pay fees of Court
[Revoked]
27Determination of application for leave
27AApplication of this Part
27BMode of bringing interlocutory application
27CProcess for disposing of interlocutory applications
28Application of this Part
28AInterpretation in this Part
29Time for appeal
29AExtension of time for appealing
30Form of appeal
31Mode of bringing appeal
32Mode of bringing cross-appeal
33Respondent who intends to support decision appealed against on other ground
33ANotice of appearance by respondent
34Amendment of grounds of appeal
35Security for costs: general
36Security for costs: legal aid
37Consequences of failure to comply with requirement to pay security for costs or prescribed fees
38Allocation of hearing date
39Obligations of parties in preparing case on appeal
40Filing and form of case on appeal
40AReuse of case on appeal used for leave application [Revoked]
40BEvidence included in case on appeal
40CEvidence volume
40DExhibits volume
40EWritten synopsis of argument on appeal
41Written submissions on appeals [Revoked]
42Bundle of authorities
42AIssues
43Appeal abandoned if not pursued
44Abandonment of appeal by party
44ACourt’s power to strike out or stay appeal
45Application for leave to adduce further evidence
46Court may call for exhibits, etc, and request report from court or tribunal of first instance
47Appeals to be by way of rehearing
47AOutline of oral argument on appeal
48Powers of Court in hearing appeals
49Delivery of judgment
50Notification of result of appeal to other courts
51Judgments to be sealed and dated
52When judgment takes effect
52ARepayment of judgment sum and interest
52BDisposition of amounts held for security for costs
53Costs at discretion of Court
53APrinciples applying to determination of costs
53BCategorisation of appeals
53CAppropriate daily recovery rates
53DDetermination of reasonable time
53EIncreased costs and indemnity costs
53FRefusal of, or reduction in, costs
53GPrinciples applying to costs on application for leave to appeal
53GAPrinciples applying to costs on interlocutory applications
53HDisbursements
53IJoint and several liability for costs
53JCosts in court appealed from
55Revocation
56Transitional provision relating to rules as made
Gazette Information
Reprint notes