Senior Courts Act 2016

Supreme Court - Powers and judgments of Supreme Court

81: Exercise of powers of court

You could also call this:

"How the Supreme Court makes decisions"

When you are in a Supreme Court proceeding, the court usually has 5 Judges. You will have at least 2 permanent Judges to decide if you should have an oral hearing or just written submissions. They can also decide if you can appeal to the court. When a single permanent Judge is acting as the court, they can make orders or give directions under section 164B(2) for a proceeding referred by section 164A. They can also hear and decide if you can appeal against an order made under section 164B(2)(a). The court's judgment can be delivered in a way decided by rules made under section 148. This is subject to sections 82(1) and 84(1). You should look at these sections to understand how they apply. The rules about how the court works are important to follow.

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 It might be out of date or be missing some parts.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=DLM5759421.

This page was last updated on 24 February 2026 — View changes

Topics:

Crime and justice > Courts and legal help

80: Power to remit proceeding, or

"The Supreme Court can move a case to a more suitable court."

82: Orders and directions on interlocutory applications may be made or given by 1 Judge, or

"A Judge can make decisions on some court applications during a case"

Part 4Supreme Court
Powers and judgments of Supreme Court

81Exercise of powers of court

For the purposes of the hearing and determination of a proceeding, the Supreme Court comprises 5 Judges of the court.
Two or more permanent Judges of the Supreme Court may act as the court—
to decide whether an oral hearing of an application for leave to appeal to the court should be held, or the application should be determined just on the basis of written submissions:
to determine an application for leave to appeal to the court.

A single permanent Judge of the Supreme Court may act as the court to—
make an order or give directions under section 164B(2) on a proceeding that is referred to a Judge of the Supreme Court under section 164A:
hear and determine an application for leave to appeal against an order made under section 164B(2)(a).

A judgment of the Supreme Court may be delivered in the manner and by the number of Judges provided by rules made under section 148.
This section is subject to sections 82(1) and 84(1).

Compare

2003 No 53 s 27

Notes

Section 81(2A): inserted, on 1 February 2026, by section 6 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).