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Criminal Procedure Act 2011

Appeals - Solicitor-General's references

318: Procedure for references under section 317

You could also call this:

"Asking the Supreme Court to Review a Court of Appeal Decision"

Illustration for Criminal Procedure Act 2011

If you want to ask the Supreme Court to look at a decision made by the Court of Appeal under section 317, you must apply within 60 working days. The Supreme Court can extend this time if it wants to. If the Supreme Court agrees to look at the decision, it will appoint a lawyer to help the court, hold a hearing where people can talk about the issue, and then make a decision on the matter.

When the Supreme Court holds a hearing about a decision made under section 317, it is treated like an appeal, as stated in section 178 of the Senior Courts Act 2016. The Supreme Court's decision on the matter does not change anything that other courts may have already done in related cases before the Supreme Court made its decision.

The Supreme Court's decision is final and does not affect what other courts have done before it made its decision under section 317.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865792.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 6Appeals
Solicitor-General's references

318Procedure for references under section 317

  1. An application for leave under section 317 must be made within 60 working days after the date of the determination by the Court of Appeal.

  2. The Supreme Court may, at any time, extend the time allowed for filing the application for leave.

  3. The Supreme Court must, if it gives leave under section 317,—

  4. appoint counsel to assist the court; and
    1. deal with the reference by way of a hearing involving oral submissions; and
      1. determine the question referred.

        1. For the purpose of section 178 of the Senior Courts Act 2016, a hearing of a reference under section 317 must be treated as an appeal.

        2. The Supreme Court’s determination of a reference under section 317 does not affect anything done in any proceeding to which the reference relates by another court before the date of that determination.

        Notes
        • Section 318(3): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
        • Section 318(4): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).