Contents

Appendix 5
List of recommendations

Chapter 13 – The appellate courts

R57 Sections 58 to 58F of the Judicature Act 1908 should be made clearer in new courts legislation.

R58 Section 61A of the Judicature Act 1908 should be redrafted to enable a single Court of Appeal judge to deal with all applications except appeals, contested applications for leave to appeal, and contested applications for extensions of time in which to appeal, with a right of review to a three judge panel as of right. A consequential amendment to the same effect should be made to the Criminal Procedure Act 2011.

R59 New courts legislation should allow two Court of Appeal judges (one of whom must be a permanent member of the Court) in civil cases to sit on contested applications for leave to appeal and contested applications for extensions of time in which to appeal. If there is a division of opinion, the application would be declined.

R60 The High Court, Court of Appeal and Supreme Court should each be required in new courts legislation to publish a protocol, by way of Gazette notice and the Courts of New Zealand website, for when the judges sit as a full Court or in each of their particular panels.

R61 The President of the Court of Appeal, with the concurrence of the Chief High Court Judge, should be empowered to select the High Court judges who will sit in the Court of Appeal.

R62 High Court judges should be seconded to the Court of Appeal for a particular case, or for one or more specified periods of up to three months, to a maximum of four months aggregate in a calendar year.

R63 The President of the Court of Appeal should allocate the workload of a High Court judge sitting in the Court of Appeal.

R64 Section 58F of the Judicature Act 1908, which allows a High Court Judge to sit on a Full Court of the Court of Appeal, should not be included in new courts legislation.

R65 Section 60(1) of the Judicature Act 1908, which deals with specific rule-making powers in the Court of Appeal, should be repealed and replaced with a provision enabling the court to sit when and where it chooses in extraordinary circumstances.

R66 There should be a clear provision in new courts legislation enabling the Court of Appeal to order a retrial in both civil and criminal matters.

R67 Section 64 of the Judicature Act 1908 (Transfer of civil proceedings from High Court to Court of Appeal) should be retained, unchanged, in new courts legislation.

R68 Section 69 of the Judicature Act 1908 (Trial at bar) should be repealed.