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Subsections

How Cases Come to the Supreme Court

Introduction
Applications for Leave to Appeal
Substantive Hearing of an Appeal

 

Introduction

The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the Court of Appeal against any decision unless a statute provides that there is no right of appeal, or the decision is a refusal to give leave or special leave to appeal to the Court of Appeal.

The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the High Court against any decision unless a statute provides that there is no right of appeal, or the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal, or the decision was made on an interlocutory application.

The Supreme Court can hear and determine an appeal against a decision made in a civil proceeding other than in the Court of Appeal or High Court only if a statute provides for the bringing of an appeal.

The Supreme Court can hear and determine criminal appeals specifically authorised by Part 13 or s406A of the Crimes Act or s144A of the Summary Proceedings Act 1957 or s10A or s10B(1) of the Courts Martial Appeals Act 1953.

Appeals to the Supreme Court can be heard only with the leave of the court. It must not give leave to appeal unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the proposed appeal.

It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if:

  • the appeal involves a matter of general public importance;
  • a substantial miscarriage of justice may have occurred, or may occur, unless the appeal is heard;
  • the appeal involves a matter of general commercial significance; or
  • the appeal involves a significant issue relating to the Treaty of Waitangi.

 

In general, the court will only hear appeals coming from the Court of Appeal. The Court may however in exceptional circumstances, give leave to appeal a decision of a lower court.

Next: Applications for Leave to Appeal

 

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