This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 7 August 2006, amend the Court of Appeal (Criminal) Rules 2001. The amendments:—
•provide for how judgments of the Court of Appeal may be delivered:
•insert a new rule requiring the Judge or Judges responsible to be identified on all judgments, minutes, and directions.
Rule 4 inserts a definition of Registry. This is consistent with the definition of this term in the Court of Appeal (Civil) Rules 2005.
Rules 5 and 9 make minor drafting amendments to rules 10 and 35 consequential on the insertion of this definition.
Rule 6 substitutes a new rule 33 setting out the procedure for delivery of judgments. This is required following the repeal of section 58(2) and the amendment to section 59 of the Judicature Act 1908 by the Judicature Amendment Act 2006. Section 58(2) had been interpreted as requiring all Court of Appeal judgments to be delivered in open Court. The repeal of this provision and the amendment to section 59 mean that judgments of the Court may now be given in the manner prescribed by rules.
Key features of the new rule are—
•judgments may be delivered orally or reserved:
•if a judgment is delivered orally, it is given when a Judge or Judges deliver it in open Court:
•if a judgment is reserved, it may either be delivered in open Court or through the Registrar:
•where a reserved judgment is delivered in open Court, any 2 Judges of the Court may deliver the judgment, whether or not they were members of the Court that heard the appeal; this is consistent with the Court's decision in Clark v Attorney-General (No 2)  NZAR 495. The judgment is given when it is delivered in open Court. The Registrar must attempt to notify the parties in advance of the fact that the Court intends to deliver its judgment, however there is no obligation on parties to appear or be represented when the judgment is delivered:
•where a reserved judgment is delivered through the Registrar, a Judge who was a member of the Court that heard the appeal must nominate and record on the judgment a date and time when the judgment will be delivered (the delivery time). The judgment is treated for all purposes as having been given at the delivery time. The Registrar must attempt to notify the parties in advance that the Court intends to deliver its judgment through the Registrar and of the delivery time:
•a party may request the Registrar to send by email, facsimile or post, or make available for collecting, a copy of the judgment immediately after delivery time (or its transcription in the case of an oral judgment):
•if a party does not request the Registrar to send or make a copy of the judgment available for collecting immediately after the delivery time, the Registrar must post a copy of the judgment to the party at the party's address for service. If appropriate in either case, the Registrar must also post a copy of the judgment to the Registrar of the Trial Court and, if the party is in custody, the Custody Manager of the relevant penal institution and the Department of Corrections: the Registry must retain a copy of the judgment signed by at least 1 of the Judges who was a member of the Court that heard the appeal.
Rule 7 substitutes new rule 34 dealing with the procedure to be followed where a power of the Court has been exercised by a Judge and a party has a right to have that decision reviewed by the Court. The rule is substantially the same as rule 34(2) with 1 amendment. The time allowed for filing an application for review of a Judge's decision is extended from 5 to 10 working days after receipt of notification of the decision.
Rule 8 inserts new rule 34A providing that every judgment, minute, or direction must show on the face of it the Judge or Judges who made the decision or minute or gave the direction.