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Judgment delivery expectations

Reserved judgments
Inquiry about delayed judgments
Delayed judgments report
Previous judgment delivery performance

 

Reserved judgments

Section 170(2) of the Senior Courts Act 2016 requires the President of the Court of Appeal, in consultation with the Chief Justice, to publish information about reserved judgments of the Court.

Judgment delivery expectations : 

  1. In the civil jurisdiction, the Judges of the Court of Appeal expect that 80% of decisions will be delivered within three months of the last day of hearing or receipt of the last submission.
  2.  In the criminal jurisdiction, the Judges of the Court of Appeal expect that 90% of decisions will be delivered within three months of the last day of hearing or receipt of the last submission.
  3. On occasion the Court may advise the parties at the hearing that the judgment will take longer than three months to deliver due to the complexity of the case or other pressing matters of the Court.
  4. The three month period does not include Court vacations.

Inquiry about delayed judgments

Where a litigant or lawyer is concerned about a delay in delivering a reserved judgment in the Court of Appeal in a case in which they have an interest, then an inquiry should be made to the Registrar by letter or email to courtofappeal@justice.govt.nz. 

The following details should be included in your inquiry:
a. the name of the proceedings and the case number;
b. your role in the proceedings (eg appellant/respondent; legal representative for the appellant/respondent);   and
c. the date on which the judgment was reserved.

The Registrar will alert the panel members who heard the appeal that an inquiry has been made.  Following discussion with the panel, the Registrar will pass on to the inquirer and other parties to the proceedings such information from the panel regarding the delivery of the judgment as the panel is able to give.

The inquirer's identity will not be revealed to the panel members.

Delayed judgments report

The President of the Court of Appeal will periodically publish information about the number of judgments considered to be outstanding beyond a reasonable time for delivery in accordance with section 170(2)(b) of the Senior Courts Act 2016. 

The President has determined any judgment which is not delivered within six (6) months of the last day of hearing or receipt of the last submission is outstanding beyond a reasonable time unless extenuating circumstances, making a delay beyond six months not unreasonable, apply. Court vacations are excluded from the six month period.

The President will report on a six-monthly basis.

As at 1 September 2017 the number of judgments outstanding beyond a reasonable time was: 0.

During the period from 1 March 2017 to 31 August, the total number of judgments outstanding beyond a reasonable time before delivery was: 0.

During the same period from 1 March 2017 to 31 August 2017, the total number of judgments delivered was: 346.

Previous judgment delivery performance

The table below shows the time to judgment in the Court of Appeal, for judgments delivered in 2016.
Percentage of judgments delivered in:

 Jurisdiction 1 Month or less 3 Months or less 6 Months or less  Total judgments delivered 
Civil 55.9% 82.7% 98.4% 254
Criminal 62.8% 96.7% 100.0% 395
Total  60.1% 91.2% 99.4% 649

 

The table below shows the time to judgment in the Court of Appeal, for judgments delivered in 2015.
Percentage of judgments delivered in:

 Jurisdiction 1 Month or less 3 Months or less 6 Months or less  Total judgments delivered 
Civil 64.6% 88.2% 99.2% 246
Criminal 72.4% 96.9% 100.0% 387
Total  69.4% 93.5% 99.7% 633

 
 

The table below shows the time to judgment in the Court of Appeal, for judgments delivered in 2014. 
Percentage of judgments delivered in:

 Jurisdiction 1 Month or less 3 Months or less 6 Months or less  Total judgments delivered 
Civil 71.4% 91.1% 99.6% 269
Criminal 75.1% 98.1% 100.0% 369
Total  73.5% 95.1% 99.8% 638

 

The table below shows the time to judgment in the Court of Appeal, for judgments delivered in 2013. 
Percentage of judgments delivered in:

 Jurisdiction 1 Month or less 3 Months or less 6 Months or less  Total judgments delivered 
Civil 65% 85% 98% 248
Criminal 70% 97% 100% 433
Total  68% 93% 99% 681

 

The table below shows the time to judgment in the Court of Appeal for judgments delivered in 2012. 
Percentage of judgments delivered in: 

 Jurisdiction  1 Month or less  3 Months or less  6 Months or less  Total judgments delivered
 Civil  62%  87%  98%  201
 Criminal  83%  98%  100%  420
 Total  76%  94%  99%  621

 

Note: Judgments that are delivered within one month include judgments made on the papers.