Court of Appeal (Civil) Rules 2005

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Reprint as at 1 July 2013

Court of Appeal (Civil) Rules 2005

(SR 2005/69)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 21st day of March 2005

Her Excellency the Governor-General in Council


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Justice.

Pursuant to section 51C of the Judicature Act 1908, Her 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.


1 Title

2 Commencement

Part 1
Preliminary and general matters

3 Interpretation

4 Application of rules

5 Directions

6 Effect of non-compliance with rules

7 Judge may exercise certain powers under rules

7A Judges to be identified

8 Correction of accidental slip or omission

9 Heading, point size, and margin

10 Filing and service of documents

11 Affidavits

12 Stay of proceedings and execution

Part 2
Applications for leave to appeal

Application of Part

13 Application of this Part

Making applications for leave to appeal

14 Time for making application for leave

15 Form of application for leave

16 When application for leave is brought

17 Matters to be stated in application for leave

18 Documents required to accompany application for leave

19 Leave required for amendments to application for leave

Applications for leave opposed by respondent

20 Respondent opposes application for leave

21 Allocation of hearing date

22 Case for application for leave

23 Written submissions on application for leave

24 Bundle of authorities

25 Oral submissions on application for leave

Applications for leave where respondent consents

26 Respondent consents to application for leave

Abandonment of applications for leave

26A Abandonment of applications for leave

26B Effect of failing to pay fees of Court

Determination of applications for leave

27 Determination of application for leave

Part 3

Application of Part

28 Application of this Part

Commencement of appeals

29 Time for appeal

29A Extension of time for appealing

30 Form of appeal

31 Mode of bringing appeal

32 Mode of bringing cross-appeal

33 Respondent who intends to support decision appealed against on other ground

34 Amendment of grounds of appeal

Steps to be taken before hearing

35 Security for costs: general

36 Security for costs: legal aid

37 Consequences of failure to comply with requirement to pay security for costs

38 Allocation of hearing date

39 Obligations of parties in preparing case on appeal

40 Filing and form of case on appeal

40A Reuse of case on appeal used for leave application

40B Evidence included in case on appeal

40C Evidence volume

40D Exhibits volume

41 Written submissions on appeals

42 Bundle of authorities

42A Issues

Termination before hearing

43 Appeal abandoned if not pursued

44 Abandonment of appeal by party

Matters of evidence and information

45 Application for leave to adduce further evidence

46 Court may call for exhibits, etc, and request report from court or tribunal of first instance

Part 4
Determination of appeals

47 Appeals to be by way of rehearing

48 Powers of Court in hearing appeals

49 Delivery of judgment

50 Notification of result of appeal to other courts

51 Judgments to be sealed, dated, and served

52 When judgment takes effect

53 Costs at discretion of Court

53A Principles applying to determination of costs

53B Categorisation of appeals

53C Appropriate daily recovery rates

53D Determination of reasonable time

53E Increased costs and indemnity costs

53F Refusal of, or reduction in, costs

53G Principles applying to costs on application for leave to appeal

53H Disbursements

53I Joint and several liability for costs

53J Costs in court appealed from

54 Repayment of judgment sum and interest

Part 5
Revocation and transitional provision

55 Revocation

56 Transitional provision

Schedule 1

Schedule 2
Time allocations

Gazette information

Court of Appeal (Civil) Amendment Rules (No 2) 2008

Reprint notes