New Zealand Legislation: Acts

16 Costs of appeal

• (1) On the hearing and determination of an appeal or any proceedings preliminary or incidental thereto under this Act no costs shall be allowed on either side.

  (2) The expenses of any solicitor or counsel assigned to an appellant under this Act, and the expenses of any witnesses attending on the order of the court or examined in any proceedings incidental to the appeal, and of the appearance of an appellant on the hearing of his appeal or on any proceedings preliminary or incidental to the appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the court for the purpose, or any reference of a question to a special commissioner appointed by the court, and the expenses of any person appointed as assessor to the court shall be defrayed in the same manner as the expenses of a trial of a criminal case in the High Court.

  (3) [Repealed]

  Compare: 1945 No 23 s 13; 1948 No 77 s 9(2), (3)

  Section 16(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

  Section 16(3): repealed, on 28 July 1997, by section 5 of the Courts Martial Appeals Amendment Act 1997 (1997 No 39).