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Criminal Procedure Act 2011

Appeals - Further provisions - Powers of appeal court to receive evidence, etc

334: Power to receive and hear evidence

You could also call this:

"The appeal court can ask for and listen to evidence to help make a decision about your case."

Illustration for Criminal Procedure Act 2011

When you are involved in an appeal, the appeal court can ask the court that made the original decision to give them some things. The appeal court can ask for documents, exhibits, or other things that are relevant to your appeal. They can also ask for a copy of the notes made by the judge who heard your case, and a report from the judge about what happened during the hearing.

The appeal court can decide to hear some or all of the evidence again. This means you might have to give evidence again, or the appeal court might hear evidence from other people. The appeal court has the power to make decisions about what evidence to hear and how to hear it.

The appeal court has the same power as the original court to hear evidence and make orders. This includes the power to require evidence to be given in front of another court or a Registrar, and to issue summons, warrants, or other court orders, you can see more about this in the Criminal Procedure Act. The appeal court can make decisions about your case, including what evidence to hear and what orders to make.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360535.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 6Appeals
Further provisions: Powers of appeal court to receive evidence, etc

334Power to receive and hear evidence

  1. An appeal court may require the court appealed from to provide it with—

  2. documents, exhibits, or other things relevant to the appeal; and
    1. a copy of notes made by the judicial officer who presided at the hearing; and
      1. a report from the judicial officer who presided at the hearing about any matter arising at or relating to the hearing.

        1. The appeal court may rehear the whole or any part of the evidence.

        2. The appeal court has the same jurisdiction and authority as the court appealed from had—

        3. to hear and receive evidence, and to require evidence to be taken before another court or Registrar; and
          1. to make any related order or issue any related summons, warrant, or other process.

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