Court of Appeal (Access to Court Documents) Amendment Rules 2013

2013/174

Coat of Arms of New Zealand

Court of Appeal (Access to Court Documents) Amendment Rules 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 51C of the Judicature Act 1908 and section 386 of the Criminal Procedure Act 2011, His 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.

Rules

1 Title
  • These rules are the Court of Appeal (Access to Court Documents) Amendment Rules 2013.

2 Commencement
  • These rules come into force on the first day on which the Criminal Procedure Act 2011 is fully in force.

3 Principal rules
4 Rule 3 amended (Interpretation)
  • (1) In rule 3, revoke the definition of defendant.

    (2) In rule 3, replace the definition of document with:

    document

    • (a) means a document in any form (including, without limitation, an electronic form) in the custody or control of the court that relates to an appeal, whether or not kept on a court file; and

    • (b) includes, without limitation, any of the following:

      • (i) any writing on any material:

      • (ii) information recorded or stored by means of a tape recorder, computer, or other device:

      • (iii) material subsequently derived from information recorded or stored in the manner described in subparagraph (ii):

      • (iv) labels, markings, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

      • (v) books, maps, plans, graphs, or drawings:

      • (vi) photographs, films, negatives, tapes, or any other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; but

    • (c) excludes—

      • (i) notes made by or for a Judge for his or her personal use; and

      • (ii) any material that relates to the administration of the court.

5 Rule 6 amended (Right of parties to access court file or documents)
  • (1) Replace rule 6(1) with:

    • (1) The parties to an appeal and their lawyers may access the court file or any document relating to the appeal at any time.

    (2) In rule 6(3), replace counsel with lawyers.

    (3) After rule 6(3), insert:

    • (4) The right under this rule of a party that is a corporation to access the court file or any document relating to the appeal may be exercised by a representative of the party who has been appointed in accordance with section 12 of the Criminal Procedure Act 2011.

6 Rule 7 amended (Access to documents during substantive hearing stage)
7 Rule 8 amended (Meaning of relevant deadline in rule 7)
  • (1) In rule 8(1), replace counsel with lawyer in each place.

    (2) In rule 8(2)(a), replace emailed, faxed, with sent electronically.

8 Rule 11 amended (Restrictions on access)
  • In rule 11(4)(a), after section 375A of the Crimes Act 1961, insert or section 199 of the Criminal Procedure Act 2011.

9 Rule 12 amended (Applications for permission to access documents, court file, or formal court record other than at hearing stage)
  • In rule 12(2), replace by a letter with in writing.

10 Rule 13 amended (Giving of notice)
  • In rule 13(1), replace is with may be.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on the first day on which the Criminal Procedure Act 2011 (the Act) is fully in force, amend the Court of Appeal (Access to Court Documents) Rules 2009 (the principal rules). The amendments are required to bring the principal rules into line with the new law contained in the Act and the Criminal Procedure Rules 2012, and to include a reference to a provision of the Act.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 May 2013.

These rules are administered by the Ministry of Justice.