In the Supreme Court of New Zealand I Te Kōti Mana Nui o Aotearoa
[Identify proceeding to which application relates]
To the Registrar of the Supreme Court
I, [full name], the [state your role in the proceeding, eg, defendant, prosecutor] in the proceeding identified above, give you notice that I apply for the leave of the Supreme Court to appeal to the Court against [state particulars of the decision against which you wish to appeal, including the date on which, and the court where, it was given; if that decision was given on appeal, also state particulars of every decision (eg, conviction or sentence) previously given in the proceeding on matters relevant to that appeal, and the date on which, and the court where, the decision (or each decision) was given].
- 1
What are the specific grounds of your proposed appeal?
- 2
Why should the Supreme Court give leave to hear your proposed appeal? In giving your reasons, refer to the criteria set out in section 74 of the Senior Courts Act 2016.*
- 3
What judgment do you seek from the Supreme Court?
- 4
If the decision you wish to appeal against was not made by the Court of Appeal, what exceptional circumstances justify taking the proposed appeal directly to the Supreme Court?
- 5
You have 20 working days from the date of the decision against which you wish to appeal in which to file your application. (If you are the respondent, the time for filing your application is 15 working days after the appellant’s application is served on you.) 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?
[Answer questions 6 to 8 if you are the defendant or person convicted]
6 | (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 Commissioner for a grant of legal aid? |
- 7
If you are currently in a prison, which one?
- 8
If 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)?
Dated this [date] day of [month] [year].
.
Signature of applicant
[If applicable, insert address for service]:
*Section 74 of the Senior Courts Act 2016 provides as follows:
| Criteria for leave to appeal |
| 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. |
| 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. |
| For the purposes of subsection (2)(a), a significant issue relating to the Treaty of Waitangi is a matter of general or public importance. |
| 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. |
| Subsection (2) does not limit the generality of subsection (1) and subsection (3) does not limit the generality of subsection (2)(a). |
Schedule 1 form 2: amended, on 7 April 2022, by rule 16(1) of the Supreme Court Amendment Rules 2022 (SL 2022/61).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(1) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(2) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(a) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(b) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(c)(i) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(c)(ii) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(d) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 14 June 2018, by rule 35(3)(e) of the Supreme Court Amendment Rules 2018 (LI 2018/71).
Schedule 1 form 2: amended, on 1 July 2013, by rule 18(1) of the Supreme Court Amendment Rules 2013 (SR 2013/185).
Schedule 1 form 2: amended, on 1 July 2013, by rule 18(2) of the Supreme Court Amendment Rules 2013 (SR 2013/185).
Schedule 1 form 2: amended, on 1 July 2013, by rule 18(3) of the Supreme Court Amendment Rules 2013 (SR 2013/185).
Schedule 1 form 2: amended, on 1 July 2013, by rule 18(4) of the Supreme Court Amendment Rules 2013 (SR 2013/185).