Court of Appeal of New Zealand


Court of Appeal of New Zealand
Court of Appeal of New Zealand
Coat of Arms of New Zealand.svg
Established 1862
Jurisdiction New Zealand New Zealand
Location Cnr Molesworth & Aitken Streets, Wellington
Composition method Appointed by the Govenor-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
Currently Hon Justice Mark O'Regan
Since 1 July 2010
New Zealand

This article is part of the series:
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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.

Contents

Structure

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

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 Mark O'Regan who was appointed in 1 July 2010 following the elevation of his predecessor, Justice Sir William Young 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]

Justices of the Court of Appeal

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

  • The Hon Justice Mark O'Regan (appointed 1 January 2004)
  • The Hon Justice Susan Glazebrook (appointed 24 May 2002)
  • The Hon Justice Sir Grant Hammond (appointed 1 January 2004)
  • The Hon Justice Robert Chambers (appointed 1 January 2004)
  • The Hon Justice Terence Arnold (appointed 19 May 2006)
  • The Hon Justice Ellen France (appointed 1 June 2006)
  • The Hon Justice Anthony Randerson (appointed 1 February 2010)
  • The Hon Justice Rhys Harrison (appointed 2 July 2010)
  • The Hon Justice Lynton Stevens (appointed 2 July 2010)
  • The Hon Justice John Wild (appointed 1 February 2011)

Former Presidents of the Court of Appeal

  • Hon Sir William Young, KNZM 23 February 2006 – 1 July 2010
  • Hon Sir Noel Anderson, KNZM 1 January 2004 – 23 February 2006
  • Rt Hon Sir Thomas Gault, KNZM 24 May 2002 – 31 December 2003
  • Rt Hon Sir Ivor Richardson, PCNZM 17 February 1996-2002
  • Rt Hon Sir Robin Cooke, ONZ KBE 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 1 February 1972 – 29 June 1973
  • Rt Hon Sir Alfred Kingsley North, KBE 22 July 1963 – 31 January 1972
  • Rt Hon Sir Kenneth Gresson, KBE 23 October 1957 – 17 July 1963

References


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