Court of Appeal of New Zealand
|Court of Appeal of New Zealand|
|Te Kōti Pīra o Aotearoa (Māori)|
|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||10|
|President of the Court of Appeal of New Zealand|
|Currently||The Hon. Justice Stephen Kós, QC|
|Since||1 September 2014|
The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. It is also the final appellate court for a number of matters. 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.
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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.
Judges of the Court of Appeal
The current judges of the Court of Appeal of New Zealand are:
- The Hon Justice Stephen Kós, QC (appointed 1 September 2015) - President of the Court of Appeal from 22 July 2016
- 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 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)
- The Hon Justice Helen Winkelmann (appointed 1 June 2015)
- The Hon Justice Raynor Asher, QC (appointed 22 July 2016)
- The Hon Justice Brendan Brown, QC (appointed 15 August 2016)
Former Presidents of the Court of Appeal
- Hon Dame Ellen France, DNZM 1 September 2014 - 22 July 2016
- Hon Sir Mark O'Regan, KNZM 1 July 2010 - 1 September 2014
- Hon Sir William Young, KNZM QC 23 February 2006 – 1 July 2010
- Hon Sir Noel Anderson, KNZM QC 1 January 2004 – 23 February 2006
- Rt Hon Sir Thomas Gault, KNZM QC 24 May 2002 – 31 December 2003
- Rt Hon Sir Ivor Richardson, PCNZM 17 February 1996-2002
- Rt Hon Sir Robin Cooke, ONZ KBE QC 1 May 1986-1996
- Rt Hon Sir Owen Woodhouse, ONZ KBE DSC 1 May 1981 – 1 May 1986
- Rt Hon Sir Clifford Richmond, KBE 20 May 1976 – 30 April 1981
- Rt Hon Sir Thaddeus McCarthy, ONZ KBE 1 July 1973 – 19 May 1976
- Rt Hon Sir Alexander Kingcome Turner, KBE QC 1 February 1972 – 29 June 1973
- Rt Hon Sir Alfred Kingsley North, KBE 22 July 1963 – 31 January 1972
- Rt Hon Sir Kenneth Macfarlane Gresson, KBE 23 October 1957 – 17 July 1963
- "http://www.beehive.govt.nz/release/judicial%20appointments%20announced". Retrieved 6 June 2016. External link in
- "The Judges of the Court of Appeal of New Zealand - Courts of New Zealand". Ministry of Justice, New Zealand. Retrieved 2 April 2015.