Senior Courts Act 2016

Court of Appeal - Constitution

49: Powers exercisable by Judges

You could also call this:

"What Judges can decide in the Court of Appeal"

Illustration for Senior Courts Act 2016

You are dealing with the Court of Appeal. This court has rules about who can make decisions. Two or more Judges can make decisions on some applications. A single Judge can make some decisions, like orders or directions, in certain cases. You can appeal to two or more Judges if you disagree with a single Judge's decision. The Court of Appeal can review a decision made by the Registrar, who is an important person in the court. Most applications and reviews are done on paper, unless the court says otherwise. If you are appealing a decision under the Criminal Procedure Act 2011, this section does not apply to you. A single Judge can hear and determine some appeals, like those against orders made under section 164B(2)(a). The Judges can confirm, modify or reverse a single Judge's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6143303.

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


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Part 3Court of Appeal
Constitution

49Powers exercisable by Judges

  1. This section applies to all proceedings before the Court of Appeal other than proceedings under the Criminal Procedure Act 2011.

  2. Any 2 or more Judges of the Court of Appeal may act as the court to determine—

  3. any contested application for leave to appeal:
    1. any contested application for an extension of time to appeal:
      1. any other contested application or matter (other than an appeal) that effectively determines or disposes of the substantive proceeding.
        1. A single Judge of the Court of Appeal may—

        2. make an order or give directions under section 164B(2) on a proceeding that is referred to a Judge of the Court of Appeal under section 164A:
          1. hear and determine an appeal against an order made under section 164B(2)(a).
            1. In any other case, an application to or matter in the Court of Appeal (other than an appeal) may be heard and determined by a single Judge of the Court of Appeal.

            2. If a single Judge acting under subsection (3) determines not to grant an application or not to resolve a matter in favour of a party, the party may apply to have the Judge’s determination reviewed by 2 or more Judges of the Court of Appeal.

            3. The Judges who determine an application under subsection (4) may confirm, modify, or reverse the single Judge’s determination.

            4. A single Judge of the Court of Appeal may—

            5. review a decision of the Registrar made within the civil jurisdiction of the court under—
              1. a power conferred on the Registrar by a rule made under section 148; or
                1. in the exercise of the powers under section 64(1)(b); and
                2. confirm, modify, or revoke that decision as the Judge thinks fit.
                  1. Unless otherwise directed by the court—

                  2. every application and matter dealt with under this section must be determined on the papers; and
                    1. every review under this section must be conducted on the papers.
                      Compare
                      Notes
                      • Section 49(2A): inserted, on , by section 5(1) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
                      • Section 49(3): replaced, on , by section 162 of the Courts Matters Act 2018 (2018 No 50).
                      • Section 49(3): amended, on , by section 5(2) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).