Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Further provisions - Hearings on papers

331: Provisions about hearing on papers

You could also call this:

"Decisions made by the court using only written information"

Illustration for Criminal Procedure Act 2011

When you are involved in a court case and the decision is made just by looking at written information, this section applies to you. This can happen with applications to appeal a decision, asking for more time to appeal, or making an appeal to a higher court. You can give the court written information to help make a decision.

You can include extra written material that is relevant to your case and respond to what the other party has said. However, you cannot talk to the court in person, and neither can your representative. The court will make a decision based on the written information it has.

The court can look at the written information in any way it wants to make a decision. You can look at related laws for more information about how this works. The court's decision will be based on the papers you and the other party have given them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360530.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

330: Hearings in District Court or High Court, or

"Having your say in the District or High Court"

Next

332: Powers exercisable by Judge of Supreme Court, or

"A Supreme Court Judge's special decision-making powers"

Part 6Appeals
Further provisions: Hearings on papers

331Provisions about hearing on papers

  1. This section applies to the following if they are determined just on the basis of written material before the court:

  2. every application for leave to appeal under this Part to any appeal court:
    1. every application under this Part to the Court of Appeal for an extension of time:
      1. every appeal under this Part to the Court of Appeal or the Supreme Court.

        1. The parties may make written, but not oral, submissions to the court, and may include in their submissions—

        2. additional relevant written material; and
          1. responses to any submissions made by the other party.

            1. Neither the parties nor their representatives may appear before the court.

            2. The appeal must be determined by the court on the basis of the written material before it.

            3. The court may consider the written material before it in any manner it thinks fit.

            Compare