This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 September 2010, amend the Court of Appeal (Criminal) Rules 2001. The rules substitute a new rule 12A, which deals with complaints against trial counsel.
The substituted rule 12A is a response to the Court of Appeal's decision in R v E  NZCA 554.
It revises the procedure applicable when an appellant complains about the conduct of his or her counsel at the trial. Such an appellant may waive privilege in respect of communications before, or during, the trial with his or her then counsel. Trial counsel cannot give evidence to explain the conduct complained of without a waiver. The substituted rule removes the compulsion to file a written waiver, and recognises a choice to waive, or not to waive, privilege.
Date of notification in Gazette: 29 July 2010.
These rules are administered by the Ministry of Justice.