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 three 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. The assignment of High Court Judges to divisions of the Court will be:
(a) consistent with their eligibility through nomination by the Chief Justice in terms of sections 58A and 58B of the Judicature Act 1908; and
(b) with the concurrence of the Chief Justice and
the Chief High Court Judge pursuant to subsection (3) of section 58C of the Judicature Act 1908.
? In assigning Judges to cases, the President, acting President or nominee shall take into account the following:
(a) The forward planning programme and the availability of Judges;
(b) The equitable sharing of work among the Judges;
(c) The efficient dispatch of the Court's business;
(d) That it is often desirable for at least one Judge with expertise in an area of law that is in issue to hear
a case;
(e) The role of all the permanent Judges of the Court in the clarification and development of all areas of the law;
(f) The desirability of related litigation (ongoing litigation arising out of the same facts between the same or some of the same parties) being heard by the same or some of the same Judges.
? The Judges will review the assignment process from time to time. The members of the Court will also consult regularly to review the 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) the availability of Judges;
(f) the urgency of the appeal in the particular case;
(g) any other relevant matters.
? The appeal will be assessed by the President, acting President or nominee 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 two other members of the Court, and following consultation the President, acting President or nominee 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.
Dated at Wellington this 30th day of April 2004.
NOEL CROSSLEY ANDERSON, President of the Court of Appeal.
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.
Also Note: These procedures replace those adopted on
1 August 1998 and notified in the New Zealand Gazette,
24 September 1998, page 3790.