Part 3Court of Appeal
Constitution
49Powers exercisable by Judges
This section applies to all proceedings before the Court of Appeal other than proceedings under the Criminal Procedure Act 2011.
Any 2 or more Judges of the Court of Appeal may act as the court to determine—
- any contested application for leave to appeal:
- any contested application for an extension of time to appeal:
- any other contested application or matter (other than an appeal) that effectively determines or disposes of the substantive proceeding.
A single Judge of the Court of Appeal may—
- 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:
- hear and determine an appeal against an order made under section 164B(2)(a).
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.
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.
The Judges who determine an application under subsection (4) may confirm, modify, or reverse the single Judge’s determination.
A single Judge of the Court of Appeal may—
- review a decision of the Registrar made within the civil jurisdiction of the court under—
- a power conferred on the Registrar by a rule made under section 148; or
- in the exercise of the powers under section 64(1)(b); and
- a power conferred on the Registrar by a rule made under section 148; or
- confirm, modify, or revoke that decision as the Judge thinks fit.
Unless otherwise directed by the court—
- every application and matter dealt with under this section must be determined on the papers; and
- every review under this section must be conducted on the papers.
Compare
- 1908 No 89 s 61A(1), (2)
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).


