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Senior Courts Act 2016

Court of Appeal - Constitution

52: Authority of High Court Judges to act as Judges of Court of Appeal

You could also call this:

"High Court Judges can also make decisions as Court of Appeal Judges"

Illustration for Senior Courts Act 2016

You can trust that a High Court Judge has the authority to act as a Judge of the Court of Appeal. When a High Court Judge acts as a Judge of the Court of Appeal, their decisions cannot be questioned. Their authority is final. You know a High Court Judge can act as a Judge of the Court of Appeal, and they can also attend Court of Appeal sessions. They can give a judgment, impose a sentence, or finish a proceeding they started. This is allowed even if they are not acting as a Judge of the Court of Appeal at that time. The law says this is similar to what was stated in the 1986 legislation. You can look at this link to learn more about the law. It helps you understand how the law works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759367.

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53: Judgment of Court of Appeal, or

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Part 3Court of Appeal
Constitution

52Authority of High Court Judges to act as Judges of Court of Appeal

  1. The fact that a High Court Judge acts as a Judge of the Court of Appeal is conclusive evidence of the Judge's authority to do so. No judgment or determination given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge acting had not arisen or had ceased to exist.

  2. A Judge of the High Court who has acted as a Judge of the Court of Appeal may attend sessions of the Court of Appeal for the purpose of giving a judgment or imposing a sentence or completing a proceeding heard by the Court of Appeal while the Judge acted as a Judge of the court.

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