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Senior Courts Act 2016

Court of Appeal - Constitution

48: Composition of divisions

You could also call this:

"Who are the judges in the Court of Appeal?"

Illustration for Senior Courts Act 2016

When you are in a Court of Appeal proceeding, the Court of Appeal is made up of certain judges. You will have either three Court of Appeal judges, or two Court of Appeal judges and one High Court judge, or one Court of Appeal judge and two High Court judges. The Court of Appeal judges must be holding office under section 45(2) or 112. The President of the Court of Appeal and the Chief High Court Judge can choose High Court judges to be part of the Court of Appeal. They can choose them for a specific case, or for all cases during a certain time, up to three months. High Court judges can be appointed for one or more three-month periods, but they cannot be part of the Court of Appeal for more than four months in a year. Section 177 applies to these appointments, even if it seems to contradict other rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6143302.

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47: Court of Appeal to sit in divisions, or

"The Court of Appeal is divided into smaller groups of judges to make decisions."

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49: Powers exercisable by Judges, or

"What Judges can decide in the Court of Appeal"

Part 3Court of Appeal
Constitution

48Composition of divisions

  1. For the purposes of a proceeding that is heard by a division, the Court of Appeal comprises—

  2. 3 Judges of the Court of Appeal holding office under section 45(2) or 112; or
    1. 2 Judges of the Court of Appeal holding office under section 45(2) or 112 and 1 Judge of the High Court appointed under subsection (2); or
      1. 1 Judge of the Court of Appeal holding office under section 45(2) or 112 and 2 Judges of the High Court appointed under subsection (2).

        1. The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be members of the Court of Appeal for the purposes of any proceedings.

        2. Judges may be appointed under subsection (2) either—

        3. in respect of a specified case or specified cases; or
          1. in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.

            1. An appointment under subsection (2) may be made for 1 or more 3-month periods, but no Judge may be a member of the Court of Appeal under that subsection for more than 4 months in any calendar year.

            2. Section 177 applies to an appointment under subsection (2) despite anything in subsection (3) or (4).

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