Contents

Chapter 13
The appellate courts

Introduction

13.1This chapter discusses the Court of Appeal and the Supreme Court.

13.2The former is currently provided for in Part 2 of the Judicature Act 1908. In Issues Paper 29, we raised several issues relating to the Court of Appeal that had been identified in preliminary consultation, and made proposals as to how these could be resolved.183  We discuss these further below.
13.3The Supreme Court is governed by the Supreme Court Act 2003. Given this is a relatively new statute, it was discussed only briefly in the “Appellate pathways” chapter in Issues Paper 29, where we concluded that any issues relating to appeals to the Supreme Court should be dealt with in a separate appeals reference.184  In the second section of this chapter, we provide an update on this.
183Law Commission Review of the Judicature Act 1908: Towards a consolidated Courts Act (NZLC IP29, 2012) at chapter 10.
184At chapter 11.