Notice Type
Departmental
Court of Appeal Procedures Adopted Pursuant to sections 58c (1) and 58e (1) of the Judicature Act 1908, those Judges of the Court of Appeal holding office under section 57 (2) of the Judicature Act 1908, have adopted the following procedures. Assignment of Judges to the Divisions of the Court of Appeal The Judges of the Court of Appeal have adopted the following procedure for assignment of Judges to act as members of a criminal or civil division of the Court: The Court will prepare periodically a forward planning programme covering the anticipated sittings of the divisions. The President, acting President, or nominee, will determine which appeals are appropriate for hearing by a division comprising 3 members of the Court. Assignment to particular appeals or a particular appeal will be by the President, the acting President, or nominee, who where appropriate will consult with other members of the Court. Assignment will be with the concurrence of the Chief Justice and on a time period or case by case basis, taking into account the forward planning programme and the availability of Judges. The members of the Court will consult regularly to review the assignment process in the light of the ongoing workload of the divisions and the efficient dispatch of business. Appeals of Sufficient Significance for Full Court The Judges of the Court of Appeal have adopted the following procedure for determining whether a case is of sufficient significance to warrant the consideration of a Full Court: Practice notes will require parties to notify the Court at an appropriate stage of the proceeding if a Full Court is sought. Before final confirmation of a fixture the President or his nominee will assess the significance of the appeal taking into account: (a) the importance of the issues, including any legal, social and general economic implications; (b) whether it is appropriate to reconsider a previous decision of the Court; (c) the desirability of resolving any conflicting decisions of the High Court; (d) the request (if any) by a party for a Full Court hearing; (e) any other relevant matters, including the availability of Judges. The appeal will be assessed as ``suitable'', ``possibly suitable'' or ``unsuitable''. Appeals assessed as ``suitable'' will be considered by the Full Court. Appeals assessed as ``possibly suitable'', and any other appeal to which (d) above applies will be referred to at least 2 other members, and following consultation those members will decide (by majority) whether the appeal is or is not of sufficient significance. Appeals assessed as ``unsuitable'' will not be considered by the Full Court. The members of the Court will consult regularly to review the criteria, their implementation, and the general effect of the allocation to the Full Court on the overall workload of the Court. Note: The Full Court will also consider references from a division of the Court made pursuant to section 58 (6) of the Judicature Act 1908 and appeals under section 10 of the Courts Martial Appeals Act 1953. Dated at Wellington this 1st day of August 1998. Sir IVOR RICHARDSON, President of the Court of Appeal.
Publication Date
24 Sep 1998

Notice Number

1998-go6896

Page Number

3790