Plain language law

New Zealand law explained for everyone

Senior Courts Act 2016

Supreme Court - Powers and judgments of Supreme Court

79: General powers

You could also call this:

"The Supreme Court's Special Decision-Making Powers"

Illustration for Senior Courts Act 2016

The Supreme Court has some general powers. You can think of these as special abilities to make decisions. On an appeal, the Supreme Court can make any order that the court that first heard the case could have made. The Supreme Court also has the same powers as the Court of Appeal, even if the case did not go to the Court of Appeal. The Supreme Court can make other decisions too, like orders to help with the case, decisions on smaller applications, and orders about who pays the costs. You can find more information about this by looking at s 25 of a related law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759419.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

78: Appeals to proceed by way of rehearing, or

"The Supreme Court hears your appeal case again from the start."

Next

80: Power to remit proceeding, or

"Sending a case to a more suitable court"

Part 4Supreme Court
Powers and judgments of Supreme Court

79General powers

  1. On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court—

  2. may make any order or grant any relief that could have been made or granted by that court; and
    1. even if the proceeding has not been heard in the Court of Appeal, has the powers the Court of Appeal would have if hearing the appeal.

      1. In a proceeding, the Supreme Court may, as it thinks fit, make—

      2. any ancillary order; and
        1. any order or decision on an interlocutory application; and
          1. any order as to costs.

            Compare