Court of Appeal (Criminal) Rules 2001

Version as at 23 June 2022

Coat of Arms of New Zealand

Court of Appeal (Criminal) Rules 2001

(SR 2001/371)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 3rd day of December 2001

Present:
The Right Hon Helen Clark presiding in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These rules are administered by the Ministry of Justice.

Pursuant to section 51C of the Judicature Act 1908, section 409 of the Crimes Act 1961, and section 73 of the Bail Act 2000, Her 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 Judicature Act 1908 and the Crimes Act 1961, 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

1Title
Part 1
Preliminary provisions
2Commencement
3Interpretation
4Application of rules
5Forms
5ASubmissions
5AAHeading in te reo Māori
Part 2
Procedure
Applications for leave to appeal
5BForms of application for leave to appeal
5CReply memorandum
5DCase management of application for leave to appeal
5ENo need for notice of appeal if appeal to be heard
5FProcedure where leave to appeal is to be heard on papers, separately from proposed appeal
5GProcedure where leave to appeal is to be heard orally, separately from proposed appeal
5HSubmissions where leave to appeal is determined simultaneously with appeal
5IReasons for decision to grant or refuse leave
Institution of appeal
6Form of notice of appeal
7Other applications may be included in notice of appeal or of application for leave to appeal
8Persons required or authorised to sign notices and other documents
9Notice of application for leave to appeal is sufficient notice of appeal [Revoked]
10Mode of bringing appeal and effecting service
11Application for extension of time
12Form must be treated as application for extension of time if notice given out of time
12AComplaint against trial lawyer
12BFresh evidence
12BADeponent may be required to give evidence orally
12CDisparity of sentences
12DReferences to notice of appeal include references to notice of application for leave to appeal
Preparation for hearing
13Documents required for general appeals
14Documents required for other appeals
15Documents required for extension of time
16Trial court may direct delivery of documents, etc
17Court of Appeal may request trial court to provide report
18Examination of witnesses otherwise than before court
19Registrar may issue witness subpoenas
20Authorities bundles
Mode of hearing
21Application of mode of hearing provisions and appeals on papers provisions
22Submissions on mode of hearing
23Procedure to determine mode of hearing
24Decision on mode of hearing
25Further mode of hearing submissions
Oral appeals
26Registrar to give parties notice of fixture for oral appeals
27Timing of submissions on merits
28Right of reply at oral hearing
Appeals on papers
29Period allowed for making written submissions on merits
30Timing of appeal on papers
31Panel for hearing on papers
32Change of mode of hearing
Solicitor-General’s references
32ASolicitor-General’s references
Decisions
33Delivery of judgments
34Review of decisions made by Judge
34AJudges to be identified
Part 3
Miscellaneous provisions
35Abandonment of appeal
36Persons to be heard by court before restitution order annulled or varied
36AChief executive must notify victim about extended supervision order appeal
37Payment received under fine must be retained until appeal decided
38Successful appellant entitled to return of amount paid towards fine [Revoked]
39Trial court Judge may give directions concerning order to pay prosecution costs, etc
40Register must be kept
41Mode of giving notice to court
42Mode of giving notice to parties
43Court order may enforce rules
44Effect of non-compliance with rules
45Cases not provided for in rules
45APower to extend or shorten time appointed by rules or fixed by order
45BCorrection of accidental slip or omission
46Revocation and saving
Schedule
Forms
Gazette Information
Court of Appeal (Criminal) Amendment Rules 2008
Notes