Senior Courts Act 2016

If you need more information about this Act, please contact the administering agency: Ministry of Justice
74 Criteria for leave to appeal

(1)

The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the appeal.

(2)

It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if—

(a)

the appeal involves a matter of general or public importance; or

(b)

a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or

(c)

the appeal involves a matter of general commercial significance.

(3)

For the purposes of subsection (2)(a), a significant issue relating to the Treaty of Waitangi is a matter of general or public importance.

(4)

The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the proposed appeal before the proceeding concerned is concluded.

(5)

Subsection (2) does not limit the generality of subsection (1) and subsection (3) does not limit the generality of subsection (2)(a).

Compare: 2003 No 53 s 13