Senior Courts Act 2016

Court of Appeal - Constitution

53: Judgment of Court of Appeal

You could also call this:

"The Court of Appeal makes a decision based on what most Judges agree on."

Illustration for Senior Courts Act 2016

When you are looking at a decision made by the Court of Appeal, it must follow what most of the Judges think. If the Judges cannot agree, the original decision is kept. The Court of Appeal can give its decision in a way that is set out by rules made under section 148.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759368.

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Part 3Court of Appeal
Constitution

53Judgment of Court of Appeal

  1. The judgment of the Court of Appeal must be in accordance with the opinion of a majority of the Judges hearing the proceeding.

  2. If the Judges are equally divided, the judgment or order appealed from or under review is taken as affirmed.

  3. A judgment of the Court of Appeal may be given in the manner prescribed by rules made under section 148.

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