The Court of Appeal deals with civil and criminal appeals from matters heard in the High Court and serious criminal matters from the District Court. Matters appealed to the High Court from the District Court and certain tribunals can be appealed to the Court of Appeal with leave, if a second appeal is warranted. The Court may also grant leave to hear appeals against pre-trial rulings in criminal cases and on questions of law from the Employment Court.
The Court of Appeal (Civil) Rules 2005 set out the procedural requirements for pursuing civil appeals. The Court of Appeal (Criminal) Rules set out the procedural requirements for pursuing criminal appeals. The Crimes Act 1961 and the Criminal Procedure Act 2011 also contain both substantive and procedural provisions relevant to criminal appeals to the Court of Appeal.
The Court of Appeal has a key role in developing legal principle, error correction and ensuring consistency in lower court determinations. As noted in the Law Commission Report 85 Delivering Justice for All : ‘the establishment of the Supreme Court was not intended to supplant the role of the Court of Appeal. A strong, intermediate appellate court at this level is essential for the health of the court system. In practical terms, the Court of Appeal will continue to be New Zealand’s principal appellate court, and for most litigated cases it will in effect be the final appellate court’.
The Court sits as a Full Court in panels of five Judges to hear matters of exceptional importance. This seldom happens more than twice a year. All other Permanent Court appeals are heard by panels of three Court of Appeal Judges. In order to assist with the heavy workload of the Court, it sits in divisions to deal with routine appeals, as authorised by ss 47 and 48 Senior Courts Act 2016. Criminal appeals are allocated to a Divisional Court unless the President directs otherwise. Divisional Court panels consist of one permanent Court of Appeal Judge and two High Court Judges. This also recognises the insights which Judges with current trial experience bring to appeals.
The Judges of the Court of Appeal have seniority over all the judges of the High Court, except the Chief Justice and the other judges of the Supreme Court. The President of the Court of Appeal has seniority over other Court of Appeal Judges. Amongst themselves Court of Appeal judges have seniority according to the date of their appointment. Court of Appeal judges are also High Court judges.
- Spiller, New Zealand Court of Appeal 1958-1996: A History (2002)
- Spiller, Finn & Boast, A New Zealand Legal History (2 nd Ed.) (2001)
- Report of the Royal Commission on Courts , 1978
- The Laws of New Zealand, Reissue 1 (2004)