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Criminal Procedure Act 2011

Appeals - Solicitor-General's references

319: Power of Court of Appeal or Supreme Court to amend question referred

You could also call this:

"Courts can reword a legal question to make it clearer before making a decision."

Illustration for Criminal Procedure Act 2011

The Court of Appeal can change a question about the law that has been sent to it if it thinks that is necessary or a good idea. You can think of it like rewriting a question to make it clearer. The Court of Appeal can do this at any time before it makes a decision about the question. The Supreme Court has the same power as the Court of Appeal to change a question if it decides to consider it. This means both courts can amend or restate a question to help them make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360508.

Topics:
Crime and justice > Courts and legal help
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Part 6Appeals
Solicitor-General's references

319Power of Court of Appeal or Supreme Court to amend question referred

  1. The Court of Appeal may, at any time before determining a question of law referred to it under this subpart, amend or restate the question if it considers it necessary or desirable to do so.

  2. The Supreme Court has the same powers as the Court of Appeal under subsection (1) if the Supreme Court decides to determine a question referred to it under this subpart.