Court of Appeal of New Zealand
Encyclopedia
The Court of Appeal of New Zealand, located in Wellington
, is New Zealand
’s principal intermediate appellate court
. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court
. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of Judges of the Supreme Court (as the High Court
was known then) sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the Supreme Court.
The Court sits in panels of five Judges and three Judges depending on the nature and wider significance of the particular case. A considerable number of three-Judge cases are heard by divisional courts consisting of one permanent Judge and two High Court Judges seconded for that purpose.
The Court deals with civil and criminal appeals from proceedings heard in the High Court, and indictable criminal proceedings in District Courts. As well, matters appealed to the High Court from a District Court can be taken to the Court of Appeal with leave if they are considered to be of sufficient significance to warrant a second appeal. The Court may, if it grants leave, hear appeals against pre-trial rulings in criminal cases. The Court hears appeals on questions of law from the Employment Court and the Environment Court. The Court of Appeal also hears appeals from the Māori Appellate Court (which have come to that court from the Māori Land Court). In 2003 the Court dealt with 482 criminal and 148 civil appeals and 235 miscellaneous applications.
The current President is The Hon
Justice Mark O'Regan who was appointed in 1 July 2010 following the elevation of his predecessor, Justice Sir William Young
to the Supreme Court.
On 4 May 2006 the then-Solicitor General
, Terence Arnold
QC
was appointed to the Court. On 18 May 2006, Justice Ellen France of the High Court was elevated to the Court of Appeal. On 19 December 2006, William M. Wilson QC was appointed to the Court of Appeal. On 21 December 2007 it was announced that Justice Wilson would be appointed to the Supreme Court. At the same time, it was announced that Justice David Baragwanath
would become the Court of Appeal's ninth member. On 17 September 2009 it was announced that Justice Anthony Randerson, at the time the Chief High Court Judge, would be appointed to the Court of Appeal with effect from 1 February 2010 to replace the retiring Justice Bruce Robertson.
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
, is New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
’s principal intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of Judges of the Supreme Court (as the High Court
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
was known then) sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the Supreme Court.
Structure
The President and nine other permanent appellate Judges constitute the full-time working membership of the Court.The Court sits in panels of five Judges and three Judges depending on the nature and wider significance of the particular case. A considerable number of three-Judge cases are heard by divisional courts consisting of one permanent Judge and two High Court Judges seconded for that purpose.
The Court deals with civil and criminal appeals from proceedings heard in the High Court, and indictable criminal proceedings in District Courts. As well, matters appealed to the High Court from a District Court can be taken to the Court of Appeal with leave if they are considered to be of sufficient significance to warrant a second appeal. The Court may, if it grants leave, hear appeals against pre-trial rulings in criminal cases. The Court hears appeals on questions of law from the Employment Court and the Environment Court. The Court of Appeal also hears appeals from the Māori Appellate Court (which have come to that court from the Māori Land Court). In 2003 the Court dealt with 482 criminal and 148 civil appeals and 235 miscellaneous applications.
The current President is The Hon
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
Justice Mark O'Regan who was appointed in 1 July 2010 following the elevation of his predecessor, Justice Sir William Young
Willam Young (Judge)
Sir William Gillow Gibbes Austen Young, KNZM, QC is a Supreme Court Judge, and former President of the Court of Appeal of New Zealand...
to the Supreme Court.
On 4 May 2006 the then-Solicitor General
Solicitor-General of New Zealand
The Solicitor-General of New Zealand is the second law officer of state in New Zealand. The Solicitor-General is also head of the Crown Law Office, that comprises lawyers employed to represent the Attorney-General in court proceedings in New Zealand....
, Terence Arnold
Terence Arnold
Terence Hugh Arnold, QC was the Solicitor-General of New Zealand from 2000, before being made a judge of the Court of Appeal of New Zealand in 2006.-Career:...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
was appointed to the Court. On 18 May 2006, Justice Ellen France of the High Court was elevated to the Court of Appeal. On 19 December 2006, William M. Wilson QC was appointed to the Court of Appeal. On 21 December 2007 it was announced that Justice Wilson would be appointed to the Supreme Court. At the same time, it was announced that Justice David Baragwanath
David Baragwanath
Sir William "David" Baragwanath, KNZM, QC , is a retired New Zealand judge. He was appointed to the High Court of New Zealand bench in 1995 and the New Zealand Court of Appeal in 2007, stepping down from the bench in July 2010....
would become the Court of Appeal's ninth member. On 17 September 2009 it was announced that Justice Anthony Randerson, at the time the Chief High Court Judge, would be appointed to the Court of Appeal with effect from 1 February 2010 to replace the retiring Justice Bruce Robertson.
Justices of the Court of Appeal
The current justices of the Court of Appeal of New Zealand are:- The Hon Justice Mark O'Regan (appointed 1 January 2004)
- The Hon Justice Susan GlazebrookSusan GlazebrookSusan Glazebrook is a judge of the Court of Appeal of New Zealand.Justice Glazebrook has an MA , an LLB and a DipBus from the University of Auckland and a DPhil from the University of Oxford in French legal history...
(appointed 24 May 2002) - The Hon Justice Sir Grant HammondGrant HammondSir Robert "Grant" Hammond, KNZM, is a judge of the New Zealand Court of Appeal and from 1 December 2010, the President of the New Zealand Law Commission.- Education :...
(appointed 1 January 2004) - The Hon Justice Robert Chambers (appointed 1 January 2004)
- The Hon Justice Terence ArnoldTerence ArnoldTerence Hugh Arnold, QC was the Solicitor-General of New Zealand from 2000, before being made a judge of the Court of Appeal of New Zealand in 2006.-Career:...
(appointed 19 May 2006) - The Hon Justice Ellen France (appointed 1 June 2006)
- The Hon Justice Anthony Randerson (appointed 1 February 2010)
- The Hon Justice Rhys Harrison (appointed 2 July 2010)
- The Hon Justice Lynton Stevens (appointed 2 July 2010)
- The Hon Justice John Wild (appointed 1 February 2011)
Former Presidents of the Court of Appeal
- Hon Sir William Young, KNZM 23 February 2006 – 1 July 2010
- Hon Sir Noel AndersonNoel AndersonSir Noel Crossley Anderson, KNZM, QC was President of the Court of Appeal of New Zealand from 2004 to 2006, before being elevated to the Supreme Court. He left office in 2008.-Career:...
, KNZM 1 January 2004 – 23 February 2006 - Rt Hon Sir Thomas GaultThomas GaultSir Thomas Munro Gault, KNZM, QC, PC was a Justice of the Supreme Court of New Zealand and is a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong....
, KNZM 24 May 2002 – 31 December 2003 - Rt Hon Sir Ivor RichardsonIvor RichardsonSir Ivor Lloyd Morgan Richardson, PCNZM is an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council.-Education:...
, PCNZM 17 February 1996-2002 - Rt Hon Sir Robin CookeRobin Cooke, Baron Cooke of Thorndon-External links:*, The Times, 22 September 2006*, The Daily Telegraph, 26 September 2006* House of Lords minutes of proceedings, 9 October 2006*, 4 September 2006...
, ONZ KBE 1 May 1986-1996 - Rt Hon Sir Owen WoodhouseOwen WoodhouseArthur "Owen" Woodhouse, ONZ, KBE, DSC is a New Zealand jurist and chair of government commissions.He was born in Napier and graduated from the University of Auckland with an LL.B. in 1940. During the World War II he served as a Lieutenant Commander in the Royal New Zealand Naval Volunteer Reserve...
, ONZ KBE DSC 1 May 1981 – 1 May 1986 - Rt Hon Sir Clifford Richmond, KBE 20 May 1976 – 30 April 1981
- Rt Hon Sir Thaddeus McCarthyThaddeus McCarthy (jurist)Sir Thaddeus Pearcey McCarthy, ONZ, KBE was a New Zealand jurist.McCarthy was educated at St Bede's College, Christchurch, and then studied law at Victoria University College, New Zealand and graduated in 1928. He was admitted as a solicitor only in 1929, completed an LLM degree , and in 1931 was...
, ONZ KBE 1 July 1973 – 19 May 1976 - Rt Hon Sir Alexander Kingcome Turner, KBE 1 February 1972 – 29 June 1973
- Rt Hon Sir Alfred Kingsley North, KBE 22 July 1963 – 31 January 1972
- Rt Hon Sir Kenneth Gresson, KBE 23 October 1957 – 17 July 1963