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Senior Courts Act 2016

Court of Appeal - Constitution

50: Court of Appeal to sit as full court in certain cases

You could also call this:

"When the Court of Appeal makes big decisions with all its judges"

Illustration for Senior Courts Act 2016

You need to know when the Court of Appeal sits as a full court. The Court of Appeal must sit as a full court to hear and determine certain cases. These cases include ones that are considered significant enough to warrant a full court, as decided under section 51. You should understand what cases are heard by a full court. A full court hears cases referred under section 47(4) and appeals from the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953. A full court of the Court of Appeal has 5 Judges. It is only made up of Court of Appeal Judges who hold office under section 45(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759365.

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Part 3Court of Appeal
Constitution

50Court of Appeal to sit as full court in certain cases

  1. The Court of Appeal must sit as a full court to hear and determine—

  2. cases that are considered, in accordance with the procedure adopted under section 51, to be of sufficient significance to warrant the consideration of a full court:
    1. a proceeding, case, or question referred under section 47(4) for hearing and determination by a full court:
      1. an appeal from a decision of the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953.

        1. A full court of the Court of Appeal consists of 5 Judges.

        2. A full court is constituted only by Judges of the Court of Appeal holding office under section 45(2).

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