Court of Appeal of New Zealand

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Court of Appeal of New Zealand
Coat of arms of New Zealand.svg
Established 1862
Country New Zealand New Zealand
Location Cnr Molesworth & Aitken Streets, Wellington
Composition method Appointed by the Governor-General on the advice of the Attorney-General
Authorized by Judicature Act 1908 (NZ)
Decisions are appealed to Supreme Court of New Zealand
Number of positions 9
Website courtsofnz.govt.nz
President of the Court of Appeal of New Zealand
Currently The Hon. Justice Ellen France
Since 1 September 2014

The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of Judges of the Supreme Court (as the High Court was known then) sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the Supreme Court.

The Court of Appeal in central Wellington. The Court is located directly across the road from the Parliamentary complex.
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Structure[edit]

The President and nine other permanent appellate Judges constitute the full-time working membership of the Court. The Court sits in panels of five Judges and three Judges depending on the nature and wider significance of the particular case. A considerable number of three-Judge cases are heard by divisional courts consisting of one permanent Judge and two High Court Judges seconded for that purpose.

The Court deals with civil and criminal appeals from proceedings heard in the High Court, and indictable criminal proceedings in District Courts. As well, matters appealed to the High Court from a District Court can be taken to the Court of Appeal with leave if they are considered to be of sufficient significance to warrant a second appeal. The Court may, if it grants leave, hear appeals against pre-trial rulings in criminal cases. The Court hears appeals on questions of law from the Employment Court and the Environment Court. The Court of Appeal also hears appeals from the Māori Appellate Court (which have come to that court from the Māori Land Court). In 2003 the Court dealt with 482 criminal and 148 civil appeals and 235 miscellaneous applications.

The current President is The Hon Justice Ellen France who was appointed on 20 June 2014 (taking effect 1 September 2014) following the elevation of her predecessor, Justice Sir Mark O'Regan to the Supreme Court.

On 4 May 2006 the then-Solicitor General, Terence Arnold QC was appointed to the Court. On 18 May 2006, Justice Ellen France of the High Court was elevated to the Court of Appeal. On 19 December 2006, William M. Wilson QC was appointed to the Court of Appeal. On 21 December 2007 it was announced that Justice Wilson would be appointed to the Supreme Court. At the same time, it was announced that Justice David Baragwanath would become the Court of Appeal's ninth member. On 17 September 2009 it was announced that Justice Anthony Randerson, at the time the Chief High Court Judge, would be appointed to the Court of Appeal with effect from 1 February 2010 to replace the retiring Justice Bruce Robertson.[1]

Judges of the Court of Appeal[edit]

The current judges of the Court of Appeal of New Zealand are:[2]

  • The Hon Justice Anthony Randerson, QC (appointed 1 February 2010)
  • The Hon Justice Rhys Harrison, QC (appointed 2 July 2010)
  • The Hon Justice Lynton Stevens, QC (appointed 2 July 2010)
  • The Hon Justice John Wild, QC (appointed 1 February 2011)
  • The Hon Justice Douglas White, QC (appointed 1 February 2012)
  • The Hon Justice Christine Ruth French (appointed 6 August 2012)
  • The Hon Justice Forrest Miller (appointed 19 June 2013)
  • The Hon Justice Mark Cooper, QC (appointed 20 June 2014)

Former Presidents of the Court of Appeal[edit]

External links[edit]

References[edit]