New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) For the purpose of hearing and determining appeals under this Act, or any matter preliminary or incidental to an appeal, the court shall be summoned in accordance with directions given by the Chief High Court Judge, and shall be deemed to be duly constituted if—
(a) it consists of an uneven number of Judges, not being less than 3; and
(b) subject to subsection (4), at least 1 of the Judges of whom it consists is a Judge of the High Court and at least 1 is an appointed Judge.
(2) If the Chief High Court Judge so directs, the court may sit in 2 or more divisions.
(3) The court shall sit in such place as the Chief High Court Judge directs, whether within or outside New Zealand.
(4) Where the court is directed to sit at a place outside New Zealand, the Chief High Court Judge may, if he thinks it expedient so to do, direct that the court shall consist exclusively of appointed Judges.
(5) The determination of any question before the court shall be according to the opinion of the majority of the Judges of the court hearing the case.
(6) The court shall be a superior court of record and shall, for the purposes of and subject to the provisions of this Act, have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before the court.
Compare: Courts-Martial (Appeals) Act 1951 s 2 (UK)
Section 4(1): amended, on 1 July 2009, by section 8 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).
Section 4(1)(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 4(2): amended, on 1 July 2009, by section 8 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).
Section 4(3): amended, on 1 July 2009, by section 8 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).
Section 4(4): amended, on 1 July 2009, by section 8 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).