to establish within New Zealand a new court of final appeal comprising New Zealand judges—
to recognise that New Zealand is an independent nation with its own history and traditions; and
to enable important legal matters, including legal matters relating to the Treaty of Waitangi, to be resolved with an understanding of New Zealand conditions, history, and traditions; and
to improve access to justice; and
to provide for the court’s jurisdiction and related matters; and
to end appeals to the Judicial Committee of the Privy Council from decisions of New Zealand courts; and
to make related amendments to certain enactments relating to courts or judicial proceedings.
Nothing in this Act affects New Zealand’s continuing commitment to the rule of law and the sovereignty of Parliament.
4. Interpretation
In this Act, unless the context otherwise requires,—
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acting Judge means an acting Judge of the Supreme Court appointed under section 23(1) Chief Justice means the Chief Justice of New Zealand appointed under section 4(1) of the Judicature Act 1908
civil proceeding—
means any proceeding that is not a criminal proceeding; and
includes a proceeding under the Bail Act 2000
decision means a judgment, decree, order, direction, or determination
District Court includes—
a Family Court and a Youth Court; and
a District Court sitting in its admiralty jurisdiction
High Court includes the High Court sitting in its admiralty jurisdiction, or sitting as a permanent Prize Court under the jurisdiction conferred by section 8 of the Admiralty Act 1973
interlocutory application—
means an application in a proceeding or intended proceeding for—
an order or a direction relating to a matter of procedure; or
in the case of a civil proceeding, for some relief ancillary to the relief claimed in the pleading; and
includes an application for a new trial; and
includes an application to review a decision made on an interlocutory application
New Zealand court means—
the Supreme Court, the Court of Appeal, the High Court, or a District Court; or
any of the following specialist courts: the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953, the Employment Court, the Environment Court, the Maori Appellate Court, and the Maori Land Court
permanent Judge means a Judge of the Supreme Court who is not an acting Judge
Privy Council means the Judicial Committee of the Privy Council
Registrar means the Registrar of the Supreme Court appointed under section 36(1)
Supreme Court and the Court mean the Supreme Court of New Zealand established by section 6
working day means a day of the week other than—
a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and
the day observed as anniversary day in Wellington; and
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
a day in the period commencing on 25 December in any year and ending with 15 January in the following year.
5. Act binds the Crown
This Act binds the Crown.
Subpart 2. Establishment and jurisdiction of Supreme Court
6. Supreme Court established
This section establishes as the court of final appeal for New Zealand a court of record called the Supreme Court of New Zealand.
7. Appeals against decisions of Court of Appeal in civil proceedings
The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the Court of Appeal against any decision made in the proceeding, unless—
an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or
the decision is a refusal to give leave or special leave to appeal to the Court of Appeal.
8. Appeals against decisions of High Court in civil proceedings
The Supreme Court can hear and determine an appeal by a party to a civil proceeding in the High Court against any decision made in the proceeding, unless—
an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or
the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal; or
the decision was made on an interlocutory application.
9. Appeals against decisions of other courts in civil proceedings
The Supreme Court can hear and determine an appeal against a decision made in a civil proceeding in a New Zealand court other than the Court of Appeal or the High Court to the extent only that an enactment other than this Act provides for the bringing of an appeal to the Supreme Court against the decision.
10. Appeals against decisions in criminal proceedings
The Supreme Court can hear and determine appeals authorised by—
Part 6 of the Criminal Procedure Act 2011; or
section 10 or 10A of the Court Martial Appeals Act 1953.
11. Procedural requirements
Sections 7 to 10 are subject to—
the provisions of this Act; and
all applicable rules, orders, and directions for regulating the terms and conditions on which appeals may be allowed, made or given under this Act or the Judicature Act 1908.
Subpart 3. Leave to appeal to Court
12. Appeals to be by leave
Appeals to the Supreme Court can be heard only with the Court’s leave.
References in enactments other than this Act to the leave of the Supreme Court must be read subject to sections 13 and 14.
13. Criteria for leave to appeal
The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the Court to hear and determine the proposed appeal.
It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if—
the appeal involves a matter of general or public importance; or
a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or
the appeal involves a matter of general commercial significance.
For the purposes of subsection (2), a significant issue relating to the Treaty of Waitangi is a matter of general or public importance.
The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the proposed appeal before the proceeding concerned is concluded.
Subsection (2) does not limit the generality of subsection (1); and subsection (3) does not limit the generality of subsection (2)(a).
14. No direct appeal from court other than Court of Appeal unless exceptional circumstances established
The Supreme Court must not give leave to appeal directly to it against a decision made, a conviction entered, or a sentence imposed, in a proceeding in a New Zealand court other than the Court of Appeal unless (in addition to being satisfied that it is necessary in the interests of justice for the Court to hear and determine the proposed appeal) it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court.
15. Applications for leave
The parties to an application for leave to appeal to the Supreme Court may make written submissions to the Court, and may include in the submissions—
additional relevant written material; and
responses to submissions made by any other party.
Neither the parties nor their representatives have a right to appear before the Court on the application; but the Court may if it thinks fit—
authorise the parties, their representatives, or both to appear:
exclude from any authority to appear a party who is an appellant in custody.
In determining the application, the Court must consider—
the written submissions before it; and
if an oral hearing was held, the matters raised at the hearing.
The Court may consider the written submissions in any manner it thinks fit.
16. Court to state reasons for refusal to give leave
The Supreme Court must state its reasons for refusing to give leave to appeal to it.
The reasons may be stated briefly, and may be stated in general terms only.
Subpart 4. Constitution of Court
17. Constitution of Court
The Supreme Court comprises—
the Chief Justice; and
not fewer than 4 nor more than 5 other Judges, appointed by the Governor-General as Judges of the Supreme Court.
The Supreme Court’s jurisdiction is not affected by a vacancy in the number of its Judges.
18. Chief Justice, and seniority of Judges
The Chief Justice is the head of the New Zealand judiciary, and has seniority over the other Judges of the Supreme Court.
Other Judges of the Supreme Court appointed on different dates have seniority among themselves according to those dates.
Other Judges of the Supreme Court appointed on the same date have seniority among themselves as follows:
Judges who have been Judges of the Court of Appeal are senior to Judges who have not been Judges of the Court of Appeal:
Judges who have been Judges of the Court of Appeal have among themselves the seniority they would have if still Judges of the Court of Appeal:
Judges who have not been Judges of the Court of Appeal but have previously been Judges of the High Court have seniority among themselves according to their seniority as Judges of the High Court:
Judges who have not previously been Judges of the High Court but have previously held other judicial office in New Zealand are senior to Judges who have not previously held judicial office in New Zealand.
Judges of the Supreme Court are senior to the Judges of the Court of Appeal, and to the Judges of the High Court who are not Judges of the Supreme Court.
This section applies only to permanent Judges.
19. Acting Chief Justice
While the office of Chief Justice is vacant, or the Chief Justice is outside New Zealand, the senior Judge of the Supreme Court is authorised to act as Chief Justice.
If because of illness or a reason other than absence from New Zealand the Chief Justice is unable to perform the duties of that office, the Governor-General may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those duties.
While authorised to act as Chief Justice, the senior Judge of the Supreme Court can perform the duties of the Chief Justice, and exercise any power of the Chief Justice.
The fact that the senior Judge of the Supreme Court performs a duty of the Chief Justice or exercises a power of the Chief Justice is conclusive proof of his or her authority to do so. No action of the Judge, and no decision of the Court, may be questioned on the ground that the occasion for the Judge to perform the duty or exercise the power had not arisen or had ceased.
This section does not affect clause 12 of the Letters Patent constituting the Office of Governor-General of New Zealand 1983 (SR 1983/225).
20. Judges to be Judges of High Court
No person can be appointed as a Judge of the Supreme Court under section 17(1)(b) unless he or she—
was a Judge of the High Court (whether sitting in the High Court or the Court of Appeal) immediately before being appointed as a Judge of the Supreme Court; or
is appointed as a Judge of the High Court when appointed as a Judge of the Supreme Court.
Every permanent Judge of the Supreme Court—
continues to be a Judge of the High Court; and
may as a Judge of the Supreme Court exercise any of the powers of a Judge of the High Court.
21. Judges of other courts vacate office on appointment
A Judge of a New Zealand court other than the High Court vacates office as a Judge of that court when appointed as a Judge of the Supreme Court.
A Judge of the Supreme Court who has vacated office as a Judge of a New Zealand court under subsection (1) may nevertheless continue in office to determine, give judgment in, or otherwise complete, a proceeding heard by the Judge (either alone or with others) when he or she sat in that court.
22. Term of office of Judges
A Judge of the Supreme Court holds office until he or she ceases to hold office as a permanent Judge of the High Court.
23. Acting Judges
The Governor-General may appoint as acting Judges of the Supreme Court retired Judges of the Supreme Court or the Court of Appeal who have not reached the age of 75 years.
Each acting Judge must be appointed for a stated term that—
is not more than the time until the Judge will reach the age of 75 years:
in any case, is not more than 24 months.
During the term of his or her appointment, an acting Judge may act as a Judge of the Supreme Court to the extent only that the Chief Justice authorises under subsection (4).
The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court—
to hear and determine any proceedings within a stated period; or
to hear and determine stated proceedings.
The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that—
there is a vacancy in the Supreme Court; or
a Judge of the Supreme Court is for any reason unavailable to hear proceedings or particular proceedings.
An acting Judge is authorised when the Chief Justice gives the Attorney-General a certificate, signed by the Chief Justice and at least 2 other permanent Judges of the Supreme Court, to the effect that in their opinion it is necessary for the proper conduct of the Court’s business for the acting Judge to be authorised to act as a member of the Supreme Court—
to hear and determine proceedings within the period concerned; or
to hear and determine the proceedings concerned.
An acting Judge has the jurisdiction, powers, protections, privileges, and immunities of a Judge of the Supreme Court and the High Court, but only in relation to acting as a member of the Supreme Court, under the authority of subsection (4), in the hearing and determination of a proceeding.
While acting as a member of the Supreme Court, under the authority of subsection (4), in the hearing and determination of a proceeding, but not otherwise, an acting Judge must be paid—
a salary at the rate for the time being payable to a Judge of the Supreme Court other than the Chief Justice; and
any applicable allowances, being travelling allowances or other incidental or minor allowances, determined by the Governor-General for acting Judges.
The fact that an acting Judge acts as a member of the Supreme Court is conclusive proof of the Judge’s authority to do so. No action of the Judge, and no decision of the Court, may be questioned on the ground that the occasion for the Judge to act as a member of the Court had not arisen or had ceased.
An acting Judge may resign office by written notice to the Attorney-General.
Subpart 5. Powers and judgment of Court
24. Appeals to proceed by rehearing
Appeals to the Supreme Court proceed by way of rehearing.
25. General powers
On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court—
can make any order, or grant any relief, that could have been made or granted by that court; and
even if the proceeding has not been heard in the Court of Appeal, has all the powers the Court of Appeal would have if hearing the appeal.
In any proceeding, the Supreme Court can make any ancillary or interlocutory orders (including any orders as to costs) it thinks fit.
26. Power to remit proceedings
The Supreme Court can also remit a proceeding that began in a New Zealand court to any New Zealand court that has jurisdiction to deal with it.
27. Exercise of powers of Court
For the purposes of the hearing and determination of a proceeding, the Supreme Court comprises 5 Judges of the Court.
Any 2 or more permanent Judges of the Supreme Court can act as the Court—
to decide whether an oral hearing of an application for leave to appeal to the Court should be held, or the application should be determined just on the basis of written submissions:
to determine an application for leave to appeal to the Court.
The delivery of the judgment of the Supreme Court may be effected in any manner, and by any number of Judges, provided by rules made under section 51C of the Judicature Act 1908.
Subsection (1) is subject to sections 28(1) and 30(1).
28. Interlocutory orders and directions may be made and given by one Judge
In a proceeding before the Supreme Court, any permanent Judge of the Court may make any interlocutory orders and give any interlocutory directions the Judge thinks fit (other than an order or direction that determines the proceeding or disposes of a question or issue that is before the Court in the proceeding).
Any permanent Judge of the Supreme Court may review a decision of the Registrar made within the civil jurisdiction of the Court under a power conferred on the Registrar by a rule of Court, and may confirm, modify, or revoke that decision as the Judge thinks fit.
The Judges of the Supreme Court who together have jurisdiction to hear and determine a proceeding may—
discharge or vary an order or direction made or given under subsection (1); or
confirm, modify, or revoke a decision confirmed or modified under subsection (2).
29. Presiding Judge
The Chief Justice presides over the Supreme Court.
If the Chief Justice is absent, or the office of Chief Justice is vacant, the most senior available Judge of the Supreme Court presides over the Court.
The fact that a Judge of the Supreme Court other than the Chief Justice presides over the Court is conclusive proof of the Judge’s authority to do so. No action of the Judge, and no judgment or decision of the Court, may be questioned on the ground that the occasion for the Judge to preside over the Court had not arisen or had ceased.
30. Procedure if Judges absent
Where, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to determine it,—
the remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue; and
if the remaining Judges decide that the proceeding may continue,—
they may act as the Supreme Court in relation to the proceeding, and can determine it and any interlocutory matters (including the question of costs); and
the reference in section 31(1) to a majority of the Judges hearing the proceeding must be read as a reference to a majority of those remaining Judges.
If at the time appointed for a sitting of the Supreme Court 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the sitting to some other time.
If at the time appointed for a sitting of the Supreme Court all the Judges are absent, the Registrar must adjourn or further adjourn the sitting to some other time.
31. Judgment of Court
The judgment of the Supreme Court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.
If the Judges are equally divided in opinion, the decision appealed from or under review is taken to be affirmed.
32. Decisions of Court may be enforced by High Court
A judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by the High Court.
Subpart 6. Administrative provisions
33. Salaries and allowances of Judges
There must be paid out of public money to the Judges of the Supreme Court other than the Chief Justice, without further appropriation than this section,—
salaries at a rate determined by the Remuneration Authority; and
any applicable allowances determined by the Remuneration Authority; and
any applicable additional allowances, being travelling allowances or other incidental or minor allowances, determined from time to time by the Governor-General.
A determination under subsection (1), or a provision of a determination under subsection (1), may be stated to come into force on—
the date on which the determination is made; or
any other date, whether before or after the date on which the determination is made.
If no date is stated for a determination or a provision of a determination, it comes into force on the date on which the determination is made.
Subsection (2) is subject to the Remuneration Authority Act 1977.
This section does not apply to acting Judges.
34. Fees to be paid into Crown Bank Account
All fees received under this Act must be paid into a Crown Bank Account.
35. Contempt of Court
A person commits an offence who—
assaults, threatens, intimidates, or wilfully insults a Judge of the Supreme Court, the Registrar of the Court, a Deputy Registrar or officer of the Court, or a witness, during his or her sitting or attendance in Court, or in going to or returning from the Court; or
wilfully interrupts or obstructs the proceedings of the Supreme Court, or misbehaves in the Court; or
wilfully and without lawful excuse disobeys an order or direction of the Supreme Court in the course of the hearing of a proceeding.
A constable or officer of the Supreme Court, with or without the assistance of any other person, may, by order of a Judge of the Court, take into custody and detain until the rising of the Court a person who commits an offence against subsection (1).
The Supreme Court may sentence a person who commits an offence against subsection (1) to imprisonment for a period not exceeding 5 days, or to pay a fine not exceeding $5,000, or both, for every offence.
The Supreme Court has the same power and authority as the High Court to punish any person for contempt of Court in any case to which subsection (1) does not apply.
Nothing in subsections (1) to (3) limits or affects the power and authority referred to in subsection (4).
36. Appointment of officers
A Registrar of the Supreme Court must be appointed under the State Sector Act 1988.
There may also be appointed under that Act Deputy Registrars of the Supreme Court, and any other officers required for the conduct of the Court’s business.
37. Powers and duties of officers
The Registrar, Deputy Registrars, and other officers of the Supreme Court have the powers and duties prescribed by rules made under section 51C of the Judicature Act 1908.
38. Seal
The Supreme Court has a seal for sealing writs and other instruments or documents issued by the Registrar that must be sealed.
The Registrar has custody of the seal.
39. Regulations
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
prescribing the matters for which fees are payable under this Act:
prescribing scales of fees for the purposes of this Act and for the purposes of proceedings before the Supreme Court:
prescribing the fees, travelling allowances, and expenses payable to interpreters and to people giving evidence in proceedings before the Supreme Court:
in order to promote access to justice, empowering the Registrar or a Deputy Registrar of the Supreme Court to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria prescribed under paragraph (e) that—
the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria—
for assessing a person’s ability to pay a fee; and
for identifying proceedings that concern matters of genuine public interest:
empowering the Registrar or a Deputy Registrar of the Supreme Court to postpone the payment of a fee pending the determination of—
an application for the exercise of a power specified in paragraph (d); or
an application for review under section 40:
providing for the postponement under the regulations of the payment of a fee, including (without limitation) providing—
for the recovery of the fee after the expiry of the period of postponement; and
for restrictions to apply (after the expiry of the period of postponement and for so long as the fee remains unpaid) on the steps that may be taken in the proceeding in respect of which the fee is payable:
providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (f) is to be made, including (without limitation) requiring the application to be in a form approved for the purpose by the chief executive of the Ministry of Justice.
No fee is payable for an application for the exercise of a power specified in paragraph (d) or paragraph (f) of subsection (1).
40. Reviews of decisions of Registrars about fees
A person aggrieved by a decision of the Registrar or a Deputy Registrar under regulations under section 39(1)(d) may apply to a Judge of the Supreme Court for a review of the decision.
An application must be made within—
20 working days after the date on which the applicant is notified of the decision; or
any further time the Judge allows on application made for that purpose before or after the expiration of that period.
The application may be made informally.
The review—
must be conducted by rehearing:
may be dealt with on the papers, unless the Judge decides otherwise.
The Judge may confirm, modify, or reverse the decision.
No fee is payable for an application under this section.
41. Technical advisers
Sections 99B to 99D of the Judicature Act 1908 (which relate to the appointment of technical advisers to give advice in appeals in proceedings involving questions arising from expert evidence) apply to the Supreme Court and proceedings in the Supreme Court as if references in those sections to the Court of Appeal were references to the Supreme Court.
Subpart 7. Ending of appeals to Her Majesty in Council
42. Ending of appeals to Her Majesty in Council
No appeal to Her Majesty in Council lies or may be brought from or in respect of any civil or criminal decision of a New Zealand court made after 31 December 2003—
whether by leave or special leave of any court or of Her Majesty in Council, or otherwise; and
whether by virtue of any Act of Parliament of the United Kingdom or of New Zealand, or the Royal prerogative, or otherwise.
Subsection (1) is subject to section 50.
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