Court of Appeal (Criminal) Amendment Rules 2013

2013/175

Coat of Arms of New Zealand

Court of Appeal (Criminal) 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 386 of the Criminal Procedure Act 2011, section 51C of the Judicature Act 1908, and section 73 of the Bail Act 2000, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and, as far as the rules regulate the practice and procedure of the Court of Appeal in the exercise of jurisdiction conferred by the Criminal Procedure Act 2011 and the Judicature Act 1908, with the concurrence of the Right Honourable the Chief Justice and at least 2 of the 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

3 Principal rules

4 Rule 3 amended (Interpretation)

5 Rule 4 amended (Application of rules)

6 Rule 5B replaced (Forms of application for leave to appeal)

7 Rule 5C amended (Reply memorandum)

8 Rule 5I replaced (Reasons for decision to grant or refuse leave)

9 Rule 6 amended (Form of notice of appeal)

10 Rule 7 amended (Other applications may be included in notice of appeal or of application for leave to appeal)

11 Rule 8 amended (Persons required or authorised to sign notices and other documents)

12 Rule 12 amended (Form must be treated as application for extension of time if notice given out of time)

13 Rule 12A amended (Complaint against trial counsel)

14 New rule 12D inserted (References to notice of appeal include references to notice of application for leave to appeal)

15 Rule 13 amended (Documents required for general appeals)

16 Rule 14 replaced (Documents required for other appeals)

17 Rule 15 amended (Documents required for extension of time)

18 Rule 16 amended (Trial court may direct delivery of documents, etc)

19 Rule 17 amended (Court of Appeal may request trial court to provide report)

20 Rule 18 amended (Examination of witnesses otherwise than before court)

21 Rule 19 amended (Registrar may issue witness subpoenas)

22 Rule 20 amended (Authorities bundles)

23 Rule 21 amended (Application of mode of hearing provisions and appeals on papers provisions)

24 Rule 23 replaced (Procedure within court to initially determine mode of hearing)

25 Rule 24 replaced (Decision on mode of hearing)

26 Rule 25 amended (Further mode of hearing submissions)

27 Rule 26 amended (Registrar to give parties notice of fixture for oral appeals)

28 Rule 28 amended (Right of reply at oral hearing)

29 Rule 29 amended (Period allowed for making written submissions on merits)

30 Rule 31 amended (Panel for hearing on papers)

31 Rule 32 amended (Change of mode of hearing)

32 New rule 32A and cross-heading inserted

33 Rule 33 amended (Delivery of judgments)

34 Rule 35 amended (Abandonment of appeal)

35 Rule 36 amended (Persons to be heard by court before restitution order annulled or varied)

36 Rule 37 amended (Payment received under fine must be retained until appeal decided)

37 Rule 38 revoked (Successful appellant entitled to return of amount paid towards fine)

38 Rule 41 amended (Mode of giving notice to court)

39 Rule 42 amended (Mode of giving notice to parties)

40 Rule 43 amended (Court order may enforce rules)

41 Rule 45 amended (Cases not provided for in rules)

42 Rule 45A amended (Power to extend or shorten time appointed by rules or fixed by order)

43 Schedule replaced

Schedule
Schedule of principal regulations replaced


Rules

1 Title
  • These rules are the Court of Appeal (Criminal) 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(1), replace the definition of Act with:

    Act means the Criminal Procedure Act 2011.

    (2) In rule 3(1), definition of appeal on the papers, replace section 392A(1) with section 329(1).

    (3) In rule 3(1), replace the definition of appellant with:

    appellant includes an applicant for leave to appeal.

    (4) In rule 3(1), revoke the definition of application for leave to appeal.

    (5) In rule 3(1), definition of bail appeal, replace section 66 or section 68 with section 47 or 52.

    (6) In rule 3(1), insert in its appropriate alphabetical order:

    electronic address includes an email or a fax address.

    (7) In rule 3(1), revoke the definition of exhibit.

    (8) In rule 3(1), definition of general appeal, replace paragraph (a) with:

    • (a) means—

      • (i) an appeal under section 229 of the Act against conviction; or

      • (ii) an appeal under section 244 of the Act against sentence; or

      • (iii) an appeal under both sections 229 and 244 of the Act; or

      • (iv) an appeal under section 260 of the Act against a finding of criminal contempt, or a sentence for criminal contempt, or both; but.

    (9) In rule 3(1), definition of oral appeal,—

    • (a) paragraph (a), replace section 392A(1) with section 329(1); and

    • (b) paragraph (b), delete ; or; and

    • (c) revoke paragraphs (c) and (d).

    (10) In rule 3(1), definition of prosecutor appeal, replace Part 13 with Part 6.

    (11) In rule 3(1), replace the definition of registrar with:

    Registrar means the Registrar of the Court of Appeal, and includes any Deputy Registrar of that court.

    (12) In rule 3(1), insert in its appropriate alphabetical order:

    respondent includes an intended respondent.

    (13) In rule 3(1), revoke the definition of summary proceedings appeal.

5 Rule 4 amended (Application of rules)
  • (1) In rule 4(1)(a), replace under Part 13 of the Act with to which Part 6 of the Act applies.

    (2) Revoke rule 4(1)(e).

6 Rule 5B replaced (Forms of application for leave to appeal)
  • Replace rule 5B with:

    5B Forms of application for leave to appeal
    • (1) An application for leave to appeal (other than by a prosecutor) to which Part 6 of the Act applies must be made by notice of application for leave to appeal in—

      • (a) form 2, if the application for leave to appeal is for a second appeal against conviction, sentence, or contempt of court; or

      • (b) form 1, in any other case.

      (2) An application for leave to appeal by a prosecutor must be made by notice of application for leave to appeal in form 3.

7 Rule 5C amended (Reply memorandum)
  • (1) In rule 5C(1), replace An intended respondent (the respondent) with A respondent.

    (2) Replace rule 5C(2) with:

    • (2) The respondent's reply memorandum must state—

      • (a) whether the respondent consents to, opposes, or does not oppose the application, and (if applicable) the reasons for opposing it; and

      • (b) whether, if the respondent opposes the application, the respondent considers the application should be heard separately from, or simultaneously with, the proposed appeal, and the reasons for that view.

8 Rule 5I replaced (Reasons for decision to grant or refuse leave)
  • Replace rule 5I with:

    5I Reasons for decision to grant or refuse leave
    • If the court is required to give reasons under section 340 of the Act for its determination of an application for leave to appeal, those reasons may be stated briefly and in general terms.

9 Rule 6 amended (Form of notice of appeal)
  • (1) In rule 6(2), replace form 2 with form 4.

    (2) In rule 6(3), replace form 3 with form 5.

    (3) In rule 6(4), replace form 4 with form 6.

    (4) Revoke rule 6(5).

    (5) In rule 6(7)(a), replace form 2 with form 4.

    (6) In rule 6(7)(b), replace form 8 with form 7.

10 Rule 7 amended (Other applications may be included in notice of appeal or of application for leave to appeal)
  • In rule 7, delete given in any of forms 1 to 5 or 8.

11 Rule 8 amended (Persons required or authorised to sign notices and other documents)
  • In rule 8(3), replace solicitor or counsel with lawyer.

12 Rule 12 amended (Form must be treated as application for extension of time if notice given out of time)
  • In rule 12, replace in any of forms 1 to 6 or 8 with (other than for a bail appeal).

13 Rule 12A amended (Complaint against trial counsel)
  • (1) In the heading to rule 12A, replace counsel with lawyer.

    (2) In rule 12A(1), replace counsel with lawyer in each place.

    (3) In rule 12A(6), replace counsel with lawyer.

14 New rule 12D inserted (References to notice of appeal include references to notice of application for leave to appeal)
  • After rule 12C, insert:

    12D References to notice of appeal include references to notice of application for leave to appeal
    • The references to a notice of appeal in rules 12A, 12B, and 12C include references to a notice of application for leave to appeal if leave is sought for a second appeal under 1 or more of the following sections of the Act:

      • (a) section 237(1):

      • (b) section 253(1):

      • (c) section 253(2).

15 Rule 13 amended (Documents required for general appeals)
  • (1) Replace rule 13(1) with:

    • (1) On receiving a notice of appeal for a general appeal, the Registrar must obtain for the use of the court the documents required by section 323(2) of the Act, namely, all documents, exhibits, and other things that appear necessary for the proper determination of the appeal.

    • (1A) The documents obtained under subclause (1) form the preliminary case on appeal for the use of the court and must be given to—

      • (a) the court or Judge determining the mode of hearing; and

      • (b) the parties to the appeal; and

      • (c) the Legal Services Commissioner, on request by the Commissioner.

    (2) In rule 13(6), replace Counsel for the parties with The parties' lawyers.

16 Rule 14 replaced (Documents required for other appeals)
  • Replace rule 14 with:

    14 Documents required for other appeals
    • On receiving a notice of appeal (other than for a general appeal) or notice of application for leave to appeal, the Registrar must obtain for the use of the court the material relevant to the decision or ruling under appeal.

17 Rule 15 amended (Documents required for extension of time)
  • In rule 15, after other appeal, insert or application for leave to appeal.

18 Rule 16 amended (Trial court may direct delivery of documents, etc)
  • In rule 16(2), replace section 404 with section 377.

19 Rule 17 amended (Court of Appeal may request trial court to provide report)
  • In rule 17(1), replace under Part 13 of the Act with to which Part 6 of the Act applies.

20 Rule 18 amended (Examination of witnesses otherwise than before court)
  • (1) In rule 18(1), replace rule 372 with rule 9.20.

    (2) In rule 18(2), replace counsel with lawyers.

21 Rule 19 amended (Registrar may issue witness subpoenas)
  • In rule 19, replace section 389(b) with section 335(2)(a) or (b).

22 Rule 20 amended (Authorities bundles)
  • In rule 20(4)(a), replace counsel with a party's lawyer.

23 Rule 21 amended (Application of mode of hearing provisions and appeals on papers provisions)
  • In rule 21, delete , summary proceedings appeals, and applications for special leave to appeal under section 144(3) of the Summary Proceedings Act 1957.

24 Rule 23 replaced (Procedure within court to initially determine mode of hearing)
  • Replace rule 23 with:

    23 Procedure to determine mode of hearing
    • (1) The initial decision on the mode of hearing of an appeal must be made by the court or Judge in accordance with section 329 of the Act (which enables the court or Judge to have regard to the criteria set out in section 329(2) of the Act).

      (2) The court may, at any time, either on its own initiative or on the application of any party, change the mode of hearing of a particular appeal to an oral hearing in accordance with section 329 of the Act.

25 Rule 24 replaced (Decision on mode of hearing)
  • Replace rule 24 with:

    24 Decision on mode of hearing
    • The Registrar must notify the parties of a decision to deal with an appeal just on the basis of written material and the reasons for the decision (as required by section 329(5) of the Act).

26 Rule 25 amended (Further mode of hearing submissions)
  • In rule 25, replace section 392A with section 329.

27 Rule 26 amended (Registrar to give parties notice of fixture for oral appeals)
  • Replace rule 26(3) with:

    • (3) Notice of the time and place fixed for the hearing must be given by the Registrar to—

      • (a) the appellant; and

      • (b) the respondent; and

      • (c) if the appellant or the respondent is in custody and the court has granted the appellant or the respondent leave to be present at the hearing, the chief executive.

28 Rule 28 amended (Right of reply at oral hearing)
  • In rule 28, delete under section 392(6)(d) of the Act.

29 Rule 29 amended (Period allowed for making written submissions on merits)
  • In rule 29(3)(b),—

    • (a) replace or fax, with or electronically,; and

    • (b) replace fax address with electronic address.

30 Rule 31 amended (Panel for hearing on papers)
  • In rule 31, replace A hearing on the papers under section 392A(1) with A hearing of an appeal on the papers under section 331.

31 Rule 32 amended (Change of mode of hearing)
  • In rule 32(1), replace section 392A(6) with section 329(5).

32 New rule 32A and cross-heading inserted
  • After rule 32, insert:

    Solicitor-General's references

    32A Solicitor-General's references
    • (1) An application by the Solicitor-General for leave to refer a question of law to the Court of Appeal under subpart 11 of Part 6 of the Act must be made by notice of application for leave in form 8.

      (2) An application for leave under subclause (1) must be accompanied by an explanatory memorandum.

      (3) The court may determine an application for leave under subclause (1) just on the basis of written material or by way of a hearing involving oral submissions.

      (4) If leave is granted,—

      • (a) the court must appoint counsel to assist the court as required by section 314(4)(a) of the Act; and

      • (b) the court may direct that a notice be given to the defendant in the proceeding to which the reference relates advising that a determination of the reference does not affect anything done in any proceeding to which the reference relates by another court before the date of that determination.

33 Rule 33 amended (Delivery of judgments)
  • (1) In rule 33(6)(a), replace email or facsimile or post with post or electronically.

    (2) In rule 33(7), after post, insert or send electronically.

34 Rule 35 amended (Abandonment of appeal)
  • (1) In rule 35(2)(b), replace solicitor or counsel with lawyer.

    (2) Replace rule 35(4) with:

    • (4) A notice abandoning an appeal may be in form 9.

35 Rule 36 amended (Persons to be heard by court before restitution order annulled or varied)
  • In rule 36(2), replace section 387(2) with section 352(4).

36 Rule 37 amended (Payment received under fine must be retained until appeal decided)
  • In rule 37(2), replace Part 13 with Part 6.

37 Rule 38 revoked (Successful appellant entitled to return of amount paid towards fine)
38 Rule 41 amended (Mode of giving notice to court)
  • In rule 41, replace , fax, or any other written or printed means with or electronically.

39 Rule 42 amended (Mode of giving notice to parties)
  • In rule 42(b), replace by faxing it to a fax number with by sending it to an electronic address.

40 Rule 43 amended (Court order may enforce rules)
  • In rule 43, replace Part 13 with Part 6.

41 Rule 45 amended (Cases not provided for in rules)
  • In rule 45, replace Part 13 with Part 6.

42 Rule 45A amended (Power to extend or shorten time appointed by rules or fixed by order)
43 Schedule replaced
  • Replace the Schedule with the Schedule set out in the Schedule of these regulations.


Schedule
Schedule of principal regulations replaced

r 43

Schedule
Forms

r 5

Form 1
Notice of application for leave to appeal

r 5B(1)(b)

Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

Name of applicant:

Decision being appealed:

Date of decision:

Court in which the decision was made (include place):

This application is for leave for a first/second* appeal.

*Select one. A second appeal is an appeal from the determination of an appeal by the High Court.
To the Registrar of the Court of Appeal

I, [name], the applicant, give you notice that I apply for leave to appeal to the Court of Appeal against the decision described above on the grounds set out below, and I give answers as follows to the following questions:

1
  • (a) Is any lawyer now acting for you?

  • (b) If so, give his or her name and address and electronic address, if any (such as an email address, or a fax address, or both):

  • (c) Have you applied, or do you intend to apply, to the Legal Services Agency for a grant of legal aid?

2If you are currently in a prison, which one?
3If you do not currently have a lawyer, what is your current postal address and electronic address, if any (such as an email address, or a fax address, or both)?
4
  • (a) If you are in custody and are granted an oral hearing, do you wish to apply for leave to be present?

  • (b) If so, what are your reasons for seeking leave to be present? (If you wish to have bail, you must apply separately in writing setting out the reasons and grounds for your application.)

5If you have not yet had your trial, when is the trial likely to be?
6Attach the decision against which you wish to appeal (if available).
7You have 20 working days from the date of the decision that you wish to appeal in which to file your notice of application for leave to appeal. The court may extend this time. If your application is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your application?
8
  • (a) If your application for leave is for a first appeal, why should the court give you leave to appeal?

  • (b) If your application for leave is for a second appeal, the court may grant leave only if satisfied that the appeal involves a matter of general or public importance or that a miscarriage of justice may have occurred, or may occur unless the appeal is heard. Why should the court give you leave to appeal?

9
  • (a) If leave to appeal is granted, what would the grounds of your appeal be?

  • (b) On what statutory provisions or cases would you rely?

10
  • (a) If your proposed appeal relates to the admissibility of evidence proposed to be called at the trial, outline (on a separate sheet, if necessary) the disputed evidence in question and its relevance to the trial.

  • (b) If your proposed appeal challenges the exercise of a judicial discretion, explain (on a separate sheet, if necessary) why the challenge meets the criteria for reversing the exercise of a discretion.

  • (c) If your proposed appeal challenges a factual finding in the decision against which you wish to appeal, outline (on a separate sheet, if necessary) the evidence on which you rely for your challenge.

11
  • (a) If your proposed appeal is on a question of law, what question or questions of law would you like the Court of Appeal to determine?

  • (b) What should the answer to the question or questions of law be? [In addition, briefly set out the grounds for that answer or answers.]

  • (c) What else would you like the Court of Appeal to do in addition to answering the question or questions of law?

12Include in this application anything that is relevant to the decision about whether your application should be considered at an oral hearing or be dealt with on the papers, such as—
 
  • (a) whether you have been assisted by a lawyer in preparing your application for leave:

  • (b) (if relevant) whether you have been provided with copies of the relevant trial documentation:

  • (c) the gravity of the offence:

  • (d) the nature and complexity of the issues raised by your application:

  • (e) whether any evidence should be called:

  • (f) any relevant cultural or personal factors.

Dated this [date] day of [month] [year]

Signature of applicant:

Note

If you are granted leave to appeal, your appeal (and application if being considered at the same time) will be considered at an oral hearing (that is, a hearing at which oral submissions may be made) unless the court or a Judge determines that the appeal can be fairly dealt with on the papers and either has no realistic prospect of success or clearly should be allowed. In that case, the appeal will be dealt with at a hearing on the papers. This is a hearing at which the Court makes its decision solely on the basis of the written material before it.

Form 2
Notice of application for leave to appeal by person convicted

r 5B(1)(a)

Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

Name of applicant:

Offence(s) of which convicted:

Court in which conviction entered: District Court at [place]

Date of conviction:

Date when sentence passed:

Court in which sentence passed: District Court at [place]

Sentence:

Court in which determination of first appeal was made: High Court at [place]

Date of determination of first appeal:

The first appeal was an appeal against—

[Specify whichever applies

  • my conviction

  • my sentence

  • my conviction and sentence

  • the finding of criminal contempt

  • the finding of criminal contempt and sentence.]

To the Registrar of the Court of Appeal

I, [name], the applicant, give you notice that I apply for leave to appeal to the Court of Appeal against the determination of the High Court described above on the grounds set out below, and I give answers as follows to the following questions:

1
  • (a) Is any lawyer now acting for you?

  • (b) If so, give his or her name and address and electronic address, if any (such as an email address, or a fax address, or both):

  • (c) Have you applied, or do you intend to apply, to the Legal Services Agency for a grant of legal aid?

2If you are currently in a prison, which one?
3If you do not currently have a lawyer, what is your current postal address and electronic address, if any (such as an email address, or a fax address, or both)?
4
  • (a) If you are in custody and are granted an oral hearing, do you wish to apply for leave to be present?

  • (b) If so, what are your reasons for seeking leave to be present? (If you wish to have bail, you must apply separately in writing setting out the reasons and grounds for your application.)

5You have 20 working days from the date of the determination of the High Court that you wish to appeal in which to file your notice of application for leave to appeal with the Court of Appeal. The court may extend this time. If your application is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your application?
6
  • (a) The court may grant leave only if satisfied that the appeal involves a matter of general or public importance or that a miscarriage of justice may have occurred, or may occur unless the appeal is heard. Why should the court give you leave to appeal?

  • (b) On what statutory provisions or cases would you rely?

7
  • (a) Do you wish to apply for leave to call any witnesses on your proposed appeal?

  • (b) If so, then state—

    • (i) the name and address of the witness(es):

    • (ii) whether the witness(es) gave evidence at trial:

    • (iii) if not, the reason why the witness(es) did not give evidence:

    • (iv) on what matters you wish the witness(es) to give evidence:

    • (v) briefly, what evidence you think the witness(es) can give.

8Include in this application anything that is relevant to the decision about whether your application should be considered at an oral hearing or be dealt with on the papers, such as—
 
  • (a) whether you have been assisted by a lawyer in preparing your application for leave:

  • (b) (if relevant) whether you have been provided with copies of the relevant trial documentation:

  • (c) the gravity of the offence:

  • (d) the nature and complexity of the issues raised by your application:

  • (e) whether any evidence should be called:

  • (f) any relevant cultural or personal factors.

Dated this [date] day of [month] [year]

Signature of applicant:

Note

If you are granted leave to appeal, your appeal (and application, if being considered at the same time) will be considered at an oral hearing (that is, a hearing at which oral submissions may be made) unless the court or a Judge determines that the appeal can be fairly dealt with on the papers and either has no realistic prospect of success or clearly should be allowed. In that case, the appeal will be dealt with at a hearing on the papers. This is a hearing at which the court makes its decision solely on the basis of the written material before it.

Form 3
Notice of application for leave to appeal by Solicitor-General or prosecutor

r 5B(2)

Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[R or Police or prosecutor] v [Name]

Name and full address of respondent:

Decision being appealed:

Date of decision:

Court in which the decision was made (include place):

This application is for leave for a first/second* appeal.

*Select one.
To the Registrar of the Court of Appeal

Take notice that, under [section number and Act], I, the Solicitor-General/prosecutor*, apply for leave to appeal against the decision described above on the grounds set out below, and I give answers as follows to the following questions:

*Select one.
1
  • (a) If leave to appeal is granted, what would the grounds of your appeal be?

  • (b) On what statutory provisions or cases would you rely?

2Why should the court give you leave to appeal?
3If the trial has not yet been held, when is the trial likely to be?
4Attach the decision against which you wish to appeal (if available).
5If this application is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your application?
6
  • (a) If your application for leave is for a first appeal, why should the court give you leave to appeal?

  • (b) If your application for leave is for a second appeal (that is, it is an appeal from a determination of a first appeal by the High Court), the court may grant leave only if satisfied that the appeal involves a matter of general or public importance or that a miscarriage of justice may have occurred, or may occur unless the appeal is heard. Why should the court give you leave to appeal?

7
  • (a) If leave to appeal is granted, what would the grounds of your appeal be?

  • (b) On what statutory provisions or cases would you rely?

8
  • (a) If your proposed appeal relates to the admissibility of evidence proposed to be called at the trial, outline (on a separate sheet, if necessary) the disputed evidence in question and its relevance to the trial.

  • (b) If your proposed appeal challenges the exercise of a judicial discretion, explain (on a separate sheet, if necessary) why the challenge meets the criteria for reversing the exercise of a discretion.

  • (c) If your proposed appeal challenges a factual finding in the decision against which you wish to appeal, outline (on a separate sheet, if necessary) the evidence on which you rely for your challenge.

9
  • (a) If your proposed appeal is on a question of law, what question or questions of law would you like the Court of Appeal to determine?

  • (b) What should the answer to the question or questions of law be? [In addition, briefly set out the grounds for that answer or answers.]

  • (c) What else would you like the Court of Appeal to do in addition to answering the question or questions of law?

Dated this [date] day of [month] [year]

Signature of Solicitor-General/prosecutor*:

The address for service is: [address]

*Select one.

Form 4
Notice of appeal by Solicitor-General or prosecutor

r 6(2)

Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[R or Police or prosecutor] v [Name]

Name and full address of respondent:

Decision being appealed:

Date of decision:

Court in which the decision was made (include place):

To the Registrar of the Court of Appeal

Take notice that, under [section number and Act], I, the Solicitor-General/prosecutor*, appeal against the decision described above on the grounds set out below, and I give answers as follows to the following questions:

  • 1 What are the grounds of your appeal?

  • 2 Attach the decision against which you wish to appeal (if available).

  • 3 If this appeal is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your appeal?

*Select one.

Dated this [date] day of [month] [year]

Signature of Solicitor-General/prosecutor*:

The address for service is: [address]

*Select one.

Form 5
Notice of appeal by person convicted

r 6(3)

Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

Name of appellant:

Offence(s) of which convicted:

Court in which conviction entered: District Court at [place] or High Court at [place]

Date of conviction:

Date when sentence passed:

Court in which sentence passed: District Court at [place] or High Court at [place]

Sentence:

To the Registrar of the Court of Appeal

I, [name], the appellant, give you notice that I wish to appeal to the Court of Appeal against—

[Specify whichever applies

  • my conviction

  • my sentence

  • my conviction and sentence

  • the finding of criminal contempt

  • the finding of criminal contempt and sentence.]

on the grounds set out below, and I give answers as follows to the following questions:

1
  • (a) Is any lawyer now acting for you?

  • (b) If so, give his or her name and address and electronic address, if any (such as an email address, or a fax address, or both):

  • (c) Have you applied, or do you intend to apply, to the Legal Services Agency for a grant of legal aid?

2If you are currently in a prison, which one?
3If you do not currently have a lawyer, what is your current postal address and electronic address, if any (such as an email address, or a fax address, or both)?
4
  • (a) If you are in custody and are granted an oral hearing, do you wish to apply for leave to be present?

  • (b) If so, what are your reasons for seeking leave to be present? (If you wish to have bail, you must apply separately in writing setting out the reasons and grounds for your application.)

5You have 20 working days from the date on which you were sentenced in which to file your notice of appeal with the Court of Appeal. The court may extend this time. If your appeal is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your appeal?
6What are the grounds of your appeal?
7
  • (a) Do you wish to apply for leave to call any witnesses on your appeal?

 
  • (b) If so, then state—

    • (i) the name and address of the witness(es):

    • (ii) whether the witness(es) gave evidence at the trial:

    • (iii) if not, the reason why the witness(es) did not give evidence:

    • (iv) on what matters you wish the witness(es) to give evidence:

    • (v) briefly, what evidence you think the witness(es) can give.

8Include in this notice of appeal anything that is relevant to the decision about whether your appeal should be considered at an oral hearing or be dealt with on the papers, such as—
 
  • (a) whether you have been assisted by a lawyer in preparing your appeal:

  • (b) (if relevant) whether you have been provided with copies of the relevant trial documentation:

  • (c) the gravity of the offence:

  • (d) the nature and complexity of the issues raised by your appeal:

  • (e) whether any evidence should be called:

  • (f) any relevant cultural or personal factors.

Dated this [date] day of [month] [year]

Signature of appellant:

Note

Your appeal will be considered at an oral hearing (that is, a hearing at which oral submissions may be made) unless the court or a Judge determines that the appeal can be fairly dealt with on the papers and either has no realistic prospect of success or clearly should be allowed. In that case, the appeal will be dealt with at a hearing on the papers. This is a hearing at which the court makes its decision solely on the basis of the written material before it.

Form 6
Notice of appeal relating to bail

r 6(4)

Section 47 or 52, Bail Act 2000

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

Name of appellant:

Decision being appealed:

[Describe the decision against which you are appealing. You may appeal against a decision of a High Court Judge to

  • refuse bail (section 47); or

  • impose or substitute or revoke or vary any condition of bail (section 47); or

  • refuse to impose any condition of bail or any particular condition of bail (section 47); or

  • refuse to vary or revoke any condition of bail (section 47); or

  • direct that the non-performance of a bail condition be entered into the court record referred to in section 39(3) of the Bail Act 2000 (section 52).]

Date of decision:

To the Registrar of the Court of Appeal

I, [name], the appellant, give you notice that I wish to appeal to the Court of Appeal against the bail decision described above on the grounds set out below, and I give answers as follows to the following questions:

1
  • (a) Is any lawyer now acting for you?

  • (b) If so, give his or her name and address, and electronic address, if any (such as an email address, or a fax address, or both):

2If you are currently in a prison, which one?
3If you do not currently have a lawyer, what is your current postal address and electronic address, if any (such as an email address, or a fax address, or both)?
4
  • (a) If you are in custody, do you wish the Court of Appeal to grant you leave to be present at the hearing of your appeal?

  • (b) If so, what are your reasons for seeking leave to be present?

5What are the grounds of your appeal?

Dated this [date] day of [month] [year]

Signature of appellant:

Form 7
Notice of appeal by offender relating to extended supervision order

r 6(7)(b)

Section 107R, Parole Act 2002

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

Name of appellant:

Decision being appealed:

[Describe the decision against which you are appealing. You may appeal against the sentencing court

  • making an extended supervision order (section 107I of the Parole Act 2002); or

  • declining to cancel an extended supervision order (section 107M of the Parole Act 2002); or

  • ordering for a specified period that you not be permitted to apply for the cancellation of the extended supervision order to which you are subject (section 107M(6) of the Parole Act 2002); or

  • extending a short extended supervision order (section 107N of the Parole Act 2002).]

Date of decision:

To the Registrar of the Court of Appeal

I, [name], the appellant, give you notice that I wish to appeal to the Court of Appeal against the decision described above on the grounds set out below, and I give answers as follows to the following questions:

1
  • (a) Is any lawyer now acting for you?

  • (b) If so, give his or her name and address and electronic address, if any (such as an email address, or a fax address, or both):

  • (c) Have you applied, or do you intend to apply, to the Legal Services Agency for a grant of legal aid?

2If you are currently in a prison, which one?
3If you do not currently have a lawyer, what is your current postal address and electronic address if any (such as an email address, or a fax address, or both)?
4
  • (a) If you are in custody and are granted an oral hearing, do you wish to apply for leave to be present?

  • (b) If so, what are your reasons for seeking leave to be present?

5
  • (a) Do you wish to apply for leave to call any witnesses on your appeal?

  • (b) If so, then state—

    • (i) the name and address of the witness(es):

    • (ii) whether the witness(es) gave evidence at the trial:

    • (iii) if not, the reason why the witness(es) did not give evidence:

    • (iv) on what matters you wish the witness(es) to give evidence:

    • (v) briefly, what evidence you think the witness(es) can give.

6You have 20 working days from the date of the decision that you wish to appeal in which to file your notice of appeal with the Court of Appeal. The court may extend this time. If your appeal is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your appeal?
7What are the grounds of your appeal?
8Include in this notice of appeal anything that is relevant to the decision about whether your appeal should be considered at an oral hearing or be dealt with on the papers, such as—
 
  • (a) whether you have been assisted by a lawyer in preparing your appeal:

  • (b) (if relevant) whether you have been provided with copies of the relevant trial documentation:

  • (c) the gravity of the offence:

  • (d) the nature and complexity of the issues raised by your appeal:

  • (e) whether any evidence should be called:

  • (f) any relevant cultural or personal factors.

Dated this [date] day of [month] [year]

Signature of appellant:

Note

Your appeal will be considered at an oral hearing (that is, a hearing at which oral submissions may be made) unless the court or a Judge determines that the appeal can be fairly dealt with on the papers and either has no realistic prospect of success or clearly should be allowed. In that case, the appeal will be dealt with at a hearing on the papers. This is a hearing at which the court makes its decision solely on the basis of the written material before it.

Form 8
Notice of application for leave to refer question of law by Solicitor-General

r 32A

Subpart 11, Part 6, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

Solicitor-General reference

Proceeding in which the question of law arose:

Court in which the question of law arose (include place):

If the question arose in or in relation to the trial of a person, the date on which the criminal proceeding ended:

If the question arose in or in relation to a defendant's first appeal, the date of the determination of that appeal by the High Court:

Question or questions proposed for the Court of Appeal: [Set out the questions you wish the Court of Appeal to determine.]

To the Registrar of the Court of Appeal

Take notice that, under [section number and Act], I, the Solicitor-General, apply for leave to refer a question of law to the Court of Appeal on the grounds set out below, and I give answers as follows to the following questions:

  • 1 What should the answer to the question or questions of law be? [In addition, briefly set out the grounds for that answer or those answers.]

  • 2 What else do you wish the Court of Appeal to do in addition to answering the question or questions of law?

  • 3 An application for leave to refer a question of law must be made within 60 working days of the date on which the criminal proceeding ended or of the date of the determination by the High Court (whichever is applicable). If this application is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your application?

Dated this [date] day of [month] [year]

Signature of Solicitor-General:

The address for service is: [address]

Form 9
Notice of abandonment of appeal

r 35

Section 337, Criminal Procedure Act 2011

In the Court of Appeal of New Zealand

[Name] v [R or Police or prosecutor]

To the Registrar of the Court of Appeal

I, [name], having sent to the Court of Appeal a notice of appeal/application for leave to appeal* against [set out the determination which you are appealing or seeking leave to appeal and the court that made that determination], now give you notice that—

  • (a) I do not intend further to prosecute my appeal or application; and

  • (b) As from the date of this notice, I abandon all further proceedings concerning that appeal or application.

*Select one.

Dated this [date] day of [month] [year]

Signature:

*Witness to signature of [name]

Signature of witness:

Address:

Description:

*Signature of the appellant or applicant must be witnessed only if the appellant or applicant signs the notice in person.

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 (Criminal) Rules 2001 (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, to update references to provisions that the Act replaces, and to correct some minor typographical errors.


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.