Supreme Court Amendment Rules 2013

2013/185

Coat of Arms of New Zealand

Supreme Court 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 Supreme Court 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, definition of criminal appeal, after Bail Act 2000, insert and includes a Solicitor-General’s reference under subpart 11 of Part 6 of the Criminal Procedure Act 2011.

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

    electronic address includes an email or a fax address.

5 Rule 6 amended (Effect of non-compliance with rules)
  • After rule 6(4), insert:

    • (5) This rule is subject to section 338 of the Criminal Procedure Act 2011.

6 Rule 10 amended (Filing and service of documents)
  • (1) In rule 10(1)(b)(ii),—

    • (a) replace by fax to a fax number with electronically to an electronic address; and

    • (b) delete ; or.

    (2) Revoke rule 10(1)(b)(iii).

    (3) In rule 10(2)(d),—

    • (a) replace fax to a fax number with sending it electronically to an electronic address; and

    • (b) delete ; or.

    (4) Revoke rule 10(2)(e).

    (5) In rule 10(4),—

    • (a) replace a fax number or to an email with an electronic; and

    • (b) replace fax or email with electronic.

    (6) In rule 10(5), replace fax or email with electronic.

7 Rule 17 amended (Documents to be supplied where leave sought for appeal under section 383A(1) of Crimes Act 1961)
  • (1) In the heading to rule 17, replace section 383A(1) of Crimes Act 1961 with section 237(1) or 253(1) of Criminal Procedure Act 2011.

    (2) In rule 17, replace section 383A(1) of the Crimes Act 1961 with section 237(1) or 253(1) of the Criminal Procedure Act 2011 (or both).

8 Rule 18 amended (Documents to be supplied where leave sought under section 383(1) of Crimes Act 1961 (direct appeal))
  • (1) In the heading to rule 18, replace section 383(1) of Crimes Act 1961 with section 229(1) or 244(1) of Criminal Procedure Act 2011.

    (2) In rule 18,—

    • (a) replace section 383(1) of the Crimes Act 1961 with section 229(1) or 244(1) of the Criminal Procedure Act 2011 (or both); and

    • (b) replace section 392(1A) with section 323(2).

9 Rule 19 amended (Documents to be supplied in case of other application for leave for criminal appeal)
  • In rule 19, replace section 383(1) or section 383A(1) of the Crimes Act 1961 with section 229(1), 237(1), 244(1), or 253(1) of the Criminal Procedure Act 2011.

10 Rule 34 amended (Obligations of parties in preparing draft case on appeal)
  • (1) In the heading to rule 34, after appeal, insert in civil appeals.

    (2) In rule 34(1), after appellant, insert in a civil appeal.

11 Rule 35 amended (Filing and form of case on appeal)
  • In the heading to rule 35, after appeal, insert in civil appeals.

12 New rule 35A inserted (Case on appeal in criminal appeals)
  • After rule 35, insert:

    35A Case on appeal in criminal appeals
    • (1) The Registrar must prepare a draft index for the case on appeal in a criminal appeal.

      (2) The Registrar must provide a copy of the draft index to each party.

      (3) The parties must check the draft index and endeavour to agree whether any additional documents should be included.

      (4) Within 20 working days after the date on which the Registrar has provided the draft index to the parties, each party must advise the Registrar of—

      • (a) any proposed changes to the draft index; and

      • (b) any additional documents to be included in the draft index; and

      • (c) any objection to the inclusion of a document in the draft index.

      (5) After considering the parties' advice, the Registrar must prepare the case on appeal.

      (6) The case on appeal must not include any document that is irrelevant to the grounds to be argued in accordance with the leave given by the Court.

13 Rule 38 amended (Appeal abandoned if not pursued)
14 Rule 39 replaced (Abandonment of appeal by party)
  • Replace rule 39 with:

    39 Abandonment of civil appeal by party
    • (1) A party may, at any time, abandon a civil appeal brought by the party by filing in the Registry a notice advising that the party—

      • (a) does not intend further to prosecute the appeal; and

      • (b) abandons all further proceedings concerning that appeal.

      (2) The notice must be authenticated by—

      • (a) the party personally; or

      • (b) the party's lawyer.

      (3) The abandonment of the appeal does not affect the power of the Court to make any order as to costs in respect of the appeal.

15 Rule 40 amended (Application for leave to adduce further evidence)
  • In rule 40(1)(c), replace rules 369 to 376 with rules 9.17 to 9.26.

16 Rule 41 revoked (Court may call for exhibits, etc, and request report from court or tribunal of first instance)
17 Rule 46 revoked (Successful appellant entitled to return of amount paid under sentence)
18 Schedule amended
  • (1) In the Schedule, form 2, question 6(b), replace fax number with electronic address, if any (such as an email address, or a fax address, or both).

    (2) In the Schedule, form 2, question 6(c), replace Legal Services Agency with Legal Services Commissioner.

    (3) In the Schedule, form 2, question 7, replace penal institution with prison.

    (4) In the Schedule, form 2, question 8, replace fax number (if any) with electronic address, if any (such as an email address, or a fax address, or both).

    (5) In the Schedule, revoke form 3.

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 Supreme Court Rules 2004 (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 update references to provisions that the Act replaces.


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.