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:

"The Court of Appeal makes big decisions with 5 Judges in important cases."

Illustration for Senior Courts Act 2016

You can think of the Court of Appeal like a high court that makes big decisions. The Court of Appeal must sit as a full court to hear and determine certain cases, like those that are very important or have been referred by another court. This can include appeals from the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953. You might wonder what a full court is. A full court of the Court of Appeal has 5 Judges. These Judges must be holding office under section 45(2). The Court of Appeal will decide which cases are important enough to be heard by a full court, using a procedure set out in section 51. They will also hear cases that have been referred by another court, like those under section 47(4). This is how the Court of Appeal makes sure important cases get the attention they need.

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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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49: Powers exercisable by Judges, or

"Judges' Powers in the Court of Appeal"


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51: Cases of sufficient significance for full court, or

"Big cases that need a full court to decide"

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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