This Act comes into force on 1 January 2004.

The purpose of this Act is—

Nothing in this Act affects New Zealand’s continuing commitment to the rule of law and the sovereignty of Parliament.

In this Act, unless the context otherwise requires,—

This Act binds the Crown.

This section establishes as the court of final appeal for New Zealand a court of record called the Supreme Court of New Zealand.

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—

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—

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.

The Supreme Court can hear and determine appeals authorised by—

Sections 7 to 10 are subject to—

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.

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—

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).

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.

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—

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—

In determining the application, the Court must consider—

The Court may consider the written submissions in any manner it thinks fit.

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.

The Supreme Court comprises—

The Supreme Court’s jurisdiction is not affected by a vacancy in the number of its 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 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.

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).

No person can be appointed as a Judge of the Supreme Court under section 17(1)(b) unless he or she—

Every permanent Judge of the Supreme Court—

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.

A Judge of the Supreme Court holds office until he or she ceases to hold office as a permanent Judge of the High Court.

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—

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—

The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that—

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—

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—

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.

Appeals to the Supreme Court proceed by way of rehearing.

On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court—

In any proceeding, the Supreme Court can make any ancillary or interlocutory orders (including any orders as to costs) it thinks fit.

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.

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—

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).

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—

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.

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,—

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.

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.

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.

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,—

A determination under subsection (1), or a provision of a determination under subsection (1), may be stated to come into force on—

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.

All fees received under this Act must be paid into a Crown Bank Account.

A person commits an offence who—

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).

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.

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.

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.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

No fee is payable for an application for the exercise of a power specified in paragraph (d) or paragraph (f) of subsection (1).

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—

The application may be made informally.

The review—

The Judge may confirm, modify, or reverse the decision.

No fee is payable for an application under this section.

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.

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—

Subsection (1) is subject to section 50.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

The enactments specified in Part 1 of Schedule 1 are amended in the manner indicated in that schedule.

The enactments specified in Part 2 of Schedule 1 or Part 1 of Schedule 3 are amended in the manner indicated in that schedule.

The enactments specified in Schedule 2 are repealed.

Amendment(s) incorporated in the regulations.

Amendment(s) incorporated in the order(s).

This section has effect as if, at the close of 31 December 2003, section 12 of the Judicature Amendment Act 1979 had ceased to apply to the Statutes Amendment Act 1947, the Law Practitioners (Victoria Reciprocity) Order 1937, and the enactments specified in Schedule 3.

On 1 January 2004, the following Imperial enactments cease to have effect as part of the law of New Zealand:

The Privy Council may hear and determine, or continue to hear and determine,—

Subsection (1) does not apply to an appeal if—

This subsection applies to a decision if—

There is no right to appeal to the Supreme Court against a decision to which subsection (1) applies if—

Subsection (2) overrides sections 7 to 10.

The following applications must be determined as if sections 42 and 49 had not been enacted:

All appeals that, by virtue of section 50(1), the Privy Council may hear and determine, or continue to hear and determine, must be heard and determined as if—

In subsection (2), leave application means an application to the Supreme Court for leave to appeal to the Supreme Court.

Until the commencement of the first rules made under section 51C of the Judicature Act 1908 (or under that section and section 409 of the Crimes Act 1961) containing provisions regulating the making of leave applications,—

Until the appointment of the first Registrar of the Supreme Court, the Registrar and every Deputy Registrar or officer of the Court of Appeal is also the Registrar or a Deputy Registrar or officer of the Supreme Court.

Until the establishment of the first Supreme Court Registry, the Court of Appeal Registry is also the Supreme Court Registry.

A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds.

Subsection (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made—

The Supreme Court cannot begin hearing appeals until after 30 June 2004.

Before 1 July 2004, the Supreme Court can take any steps preliminary to hearing appeals, including considering and determining applications for leave to appeal to it, and interlocutory matters.