Court of Appeal of New Zealand

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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 of Appeal in central Wellington. The Court is located directly across the road from the Parliamentary complex
The Court of Appeal in central Wellington. The Court is located directly across the road from the Parliamentary complex

The President and eight 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 Justice William Young who was appointed in February 2006 following the elevation of his predecessor, Justice Noel Anderson to the Supreme Court. On 4 May 2006 the then-Solicitor General, Terence Arnold QC was appointed to the Court. That same month, the Judicature Amendment Act increased the maximum number of judges on the Court from seven to nine (including the President). On 18 May 2006, Justice Ellen France of the High Court was raised 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 nineth member.

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