Pursuant to section 51C of the Judicature Act 1908, His 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 established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court), makes the following rules.

1 Title

2 Commencement

3 Principal rules

4 Rule 43 amended (Appeal abandoned if not pursued)

Rules

1 Title

These rules are the Court of Appeal (Civil) Amendment Rules 2012.

2 Commencement

These rules come into force on 4 February 2013.

3 Principal rules

These rules amend the Court of Appeal (Civil) Rules 2005 (the principal rules).

4 Rule 43 amended (Appeal abandoned if not pursued)

(1) Replace rule 43(1) with:
- “(1) An appeal is to be treated as having been abandoned if the appellant does not apply for the allocation of a hearing date and file the case on appeal within 3 months after the appeal is brought.”
(2) After rule 43(4), insert:
- “(5) If any days in the period commencing on 25 December in one year and ending on 15 January in the next year are comprised in the 3-month period calculated in accordance with subclause (1) or subclause (3), that 3-month period is extended by the number of those days.”

Michael Webster,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 4 February 2013, implement changes in Court of Appeal procedure that are supported by the New Zealand Law Society and the New Zealand Bar Association.

Under new rule 43(1), an appellant must apply for the allocation of a hearing date within 3 months from the date when the appeal is brought, not the present 6 months. The period may be extended on application, in accordance with the unchanged rule 43(2) and (3). The purpose of new rule 43(5) is to exclude the Christmas holiday period from the 3-month calculation.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 December 2012.

These rules are administered by the Ministry of Justice.

Court of Appeal (Civil) Amendment Rules 2012