Supreme Court Rules 2004

Version as at 7 April 2022

Coat of Arms of New Zealand

Supreme Court Rules 2004

(SR 2004/199)

Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 28th day of June 2004

Present:
Her Excellency the Administrator of the Government 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, Her Excellency the Administrator of the Government, 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.

Contents

1Title
2Commencement
Part 1
Preliminary and general matters
3Interpretation
3ATransitional, savings, and related provisions
4Application to civil and criminal proceedings
5Directions
6Effect of non-compliance with rules
7Power under rules to determine ancillary matters may be exercised by a Judge
8Heading, point size, and margin
9Index must be kept
10Filing and service of documents
10APractice note about electronic format
Part 2
Applications for leave to appeal
11Time for making application for leave
12Forms for applications for leave
13Mode of bringing application for leave for civil appeal
14Mode of bringing application for leave for criminal appeal
15Matters to be stated in application for leave
16Documents required to accompany application for leave to bring civil appeal
17Documents to be supplied where leave sought for appeal under section 237(1) or 253(1) of Criminal Procedure Act 2011
18Documents to be supplied where leave sought under section 229(1) or 244(1) of Criminal Procedure Act 2011 (direct appeal)
19Documents to be supplied in case of other application for leave for criminal appeal
20Written submissions on leave application
20AAWritten submissions on pre-trial leave application
20ANotice that judgment will be supported on other grounds
21Leave may be given for amendments to applications
22Hearing dates for applications for leave that are to be heard orally
23Filing of bundle of authorities
24Oral submissions on leave application
25Respondent’s appeal may be sole appeal
26Leave may be given subject to conditions
27Delivery of judgment on leave to appeal
Part 3
Institution and prosecution of appeals
Appeal instituted by leave and confined to approved grounds
28Notice of appeal not required if leave given
29Appeal confined to approved grounds
Proceedings not stayed by appeal
30Stay of proceedings and execution
Steps to be taken before hearing
31Security for costs in civil appeal
32Allocation of hearing date
33Timetable may be fixed for criminal appeals [Revoked]
34Obligations of parties in preparing draft case on appeal in civil appeals
35Filing and form of case on appeal in civil appeals
35AAACase on appeal in civil appeals must be filed electronically
35ACase on appeal in criminal appeals
36Written submissions on appeals
36AOutline of oral argument on appeals
37Filing of bundle of authorities
Termination before hearing
38Appeal abandoned if not pursued
39Abandonment of civil appeal by party
Matters of evidence and information
40Application for leave to adduce further evidence
41Court may call for exhibits, etc, and request report from court or tribunal of first instance [Revoked]
Part 4
Determination of appeal
42Delivery of judgment
43Notification of result of appeal to other courts
43ACorrection of accidental slip or omission
44Costs and disbursements
45Repayment of judgment sum and interest
46Successful appellant entitled to return of amount paid under sentence [Revoked]
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Forms
Gazette Information
Notes