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 in certain situations, like when a proceeding is referred to them under section 164A or section 164B(2). They can also hear and determine an application for leave to appeal against an order made under section 164B(2)(a). The Judge's decision is an important part of the court process. The Supreme Court's judgment can be delivered in different ways, depending on the rules made under section 148. This means the court has some flexibility in how it makes its decisions. You should know that this section is subject to sections 82(1) and 84(1), which are other parts of the law.

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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 9 February 2026 — View changes

Topics:

Crime and justice > Courts and legal help

80: Power to remit proceeding, or

"Sending 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"

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).