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Criminal Procedure Act 2011

Appeals - Further provisions - Powers exercisable by 1 or 2 appellate Judges

333: Powers exercisable by Judges of Court of Appeal

You could also call this:

"What powers do Court of Appeal Judges have to make decisions in a case?"

Illustration for Criminal Procedure Act 2011

When you are dealing with the Court of Appeal, two or more Judges can make decisions about whether to let someone appeal a case. At least one of these Judges must be appointed under section 45 of the Senior Courts Act 2016. A Judge of the Court of Appeal can also make some decisions on their own.

A Judge can decide to extend the time for filing an application, let a party be present at proceedings when they are not normally allowed to be, issue a warrant to detain someone pending a new trial, or grant bail to someone. These powers can be exercised by a Judge whether they were appointed under section 45 or section 48 of the Senior Courts Act 2016. If a Judge says no to one of these requests, you can ask the whole court to decide.

A Judge of the Court of Appeal can make other orders or give directions that they think are necessary, as long as they are not deciding the appeal itself. The court can change or cancel these orders or directions, but you cannot ask the court to review a Judge's decision about these specific orders or directions. You can ask the court to review some decisions made by a Judge, but not all of them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360533.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 6Appeals
Further provisions: Powers exercisable by 1 or 2 appellate Judges

333Powers exercisable by Judges of Court of Appeal

  1. Any 2 or more Judges of the Court of Appeal (of whom at least 1 must hold office under section 45 of the Senior Courts Act 2016) may act as the court to determine any application for leave to appeal.

  2. A Judge of the Court of Appeal (whether holding office under section 45 or 48 of the Senior Courts Act 2016) may exercise, in the same manner as it may be exercised by that court and subject to the same provisions, the power of that court to—

  3. determine any application to extend the time for filing an application or notice:
    1. allow a party to be present at any proceedings in cases where he or she is not entitled to be present without leave:
      1. issue a warrant for the detention of the defendant pending a new trial:
        1. grant bail to a party.

          1. A party may have an application for the exercise of a power under subsection (2) decided by the court if a Judge refuses to exercise the power in favour of the party.

          2. A Judge of the Court of Appeal (whether holding office under section 45 or 48 of the Senior Courts Act 2016) may make any incidental orders and give any incidental directions that he or she thinks fit, other than an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal.

          3. An order or direction made or given by a Judge of the Court of Appeal under subsection (4) may be discharged or varied by the court but subsection (3) does not apply to the exercise of a power under subsection (4).

          Compare
          Notes
          • Section 333(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 333(2): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 333(4): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).