Court of Appeal (Civil) Rules 2005

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Version as at 23 June 2022

Court of Appeal (Civil) Rules 2005

(SR 2005/69)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 21st day of March 2005

Present:
Her Excellency the Governor-General 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 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
3A	Transitional, savings, and related provisions
4	Application of rules
4A	Registry hours and Court holidays
4B	Emergencies
5	Directions
5A	Registrar’s powers
6	Effect of non-compliance with rules
7	Judge may exercise certain powers under rules or other enactments
7A	Judges to be identified
8	Correction of accidental slip or omission
8A	Recalling or reopening judgment
9	Heading, point size, and margin
10	Filing and service of documents
10A	Practice note about electronic format
10B	Informal applications
11	Affidavits
12	Stay of proceedings and execution
12A	Practice note about electronic format [Revoked]
	Part 2 Applications for leave to appeal
	Application of Part [Revoked]
13	Application of this Part
	Making applications for leave to appeal [Revoked]
14	Time for making application for leave
15	Form of application for leave
16	When application for leave is brought
16A	Extension of time for applying for leave
17	Matters to be stated in application for leave
18	Documents and fee that must accompany application for leave
19	Leave required for amendments to application for leave
19A	Respondent must respond to application for leave
19B	Disposal of application for leave
	Applications for leave opposed by respondent [Revoked]
20	Respondent opposes application for leave [Revoked]
21	Allocation of hearing date [Revoked]
22	Case for application for leave [Revoked]
23	Written submissions on contested application for leave
24	Bundle of authorities [Revoked]
25	Oral submissions on application for leave
	Applications for leave where respondent consents [Revoked]
26	Respondent consents to application for leave [Revoked]
	Abandonment of applications for leave [Revoked]
26A	Abandonment of applications for leave
26B	Effect of failing to pay fees of Court
26C	Court’s power to strike out or stay application for leave
	Determination of applications for leave [Revoked]
27	Determination of application for leave
	Part 2A Interlocutory applications
27A	Application of this Part
27B	Mode of bringing interlocutory application
27C	Process for disposing of interlocutory applications
	Part 3 Appeals
	Application of Part
28	Application of this Part
28A	Interpretation in this Part [Revoked]
	Commencement of appeals
29	Time for appeal
29A	Extension of time for appealing
30	Form of appeal
31	Mode of bringing appeal
31A	Documents and fee that must accompany notice of appeal
32	Mode of bringing cross-appeal
33	Respondent who intends to support decision appealed against on other ground
33A	Notice of appearance by respondent
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 or prescribed fees
38	Allocation of hearing date
39	Obligations of parties in preparing case on appeal
39A	Case on appeal and other documents must be provided electronically
40	Filing and form of case on appeal
40A	Reuse of case on appeal used for leave application [Revoked]
40B	Evidence included in case on appeal
40C	Evidence volume
40D	Exhibits volume
40E	Written synopsis of argument on appeal
41	Written submissions on appeals [Revoked]
42	Bundle of authorities
42A	Issues
	Termination before hearing
43	Appeal abandoned if not pursued
44	Abandonment of appeal by party
44A	Court’s power to strike out or stay appeal
	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
47A	Outline of oral argument on appeal
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 and dated
52	When judgment takes effect
52A	Repayment of judgment sum and interest
52B	Disposition of amounts held for security for costs
	Part 4A Costs
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
53GA	Principles applying to costs on interlocutory applications
53H	Disbursements
53I	Joint and several liability for costs
53J	Costs in court appealed from
	Part 5 Revocation and transitional provision relating to rules as made
55	Revocation
56	Transitional provision relating to rules as made
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Forms
	Schedule 2 Time allocations
	Gazette Information
	Court of Appeal (Civil) Amendment Rules (No 2) 2008
	Notes

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