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Senior Courts Act 2016

Supreme Court - Leave to appeal

76: Applications for leave

You could also call this:

"Asking to appeal to the Supreme Court: how to apply and what happens next"

Illustration for Senior Courts Act 2016

You can make written submissions to the court when you apply for leave to appeal to the Supreme Court. You can include extra relevant written material and respond to what other parties have said. The court decides if you can appear in person to make your case. You do not have the right to appear before the court, but the court can choose to let you. The court can also stop a party who is in custody from appearing. When the court makes a decision, it must think about the written submissions it has received. The court can also think about what was said at a hearing, if one was held. It can consider the written submissions in any way it likes. The court's rules are similar to those in the Senior Courts Act, which can be found on the legislation.govt.nz website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759415.

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75: No direct appeal from court other than Court of Appeal unless exceptional circumstances established, or

"You can't appeal straight to the Supreme Court unless it's really necessary and special circumstances apply."

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77: Court to state reasons for refusal to give leave, or

"The Supreme Court must explain why it says no to an appeal."

Part 4Supreme Court
Leave to appeal

76Applications for leave

  1. The parties to an application for leave to appeal to the Supreme Court may make written submissions to the court, and may include in the submissions—

  2. additional relevant written material; and
    1. responses to submissions made by another party.

      1. Neither the parties nor their representatives have a right to appear before the court on the application; but the court may, if it thinks fit,—

      2. authorise the parties, their representatives, or both to appear:
        1. exclude from any authority to appear a party who is an appellant in custody.

          1. In determining the application, the court must consider—

          2. the written submissions before it; and
            1. if an oral hearing was held, the matters raised at the hearing.

              1. The court may consider the written submissions in any manner it thinks fit.

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