Court of Appeal (Civil) Amendment Rules 2018


Coat of Arms of New Zealand

Court of Appeal (Civil) Amendment Rules 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of December 2018

Her Excellency the Governor-General in Council

These rules are made under section 148 of the Senior Courts Act 2016


on the advice and with the consent of the Executive Council; and


with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee continued under section 155 of the Senior Courts Act 2016 (of whom at least 1 was a Judge of the High Court).


3Principal rules
4Rule 3 amended (Interpretation)
5New rule 3A inserted (Transitional, savings, and related provisions)
3ATransitional, savings, and related provisions
6Rule 4 amended (Application of rules)
7Rule 5 amended (Directions)
8New rule 5A inserted (Registrar’s powers)
5ARegistrar’s powers
9Rule 6 replaced (Effect of non-compliance with rules)
6Effect of non-compliance with rules
10Rule 7 replaced (Judge may exercise certain powers under rules)
7Judge may exercise certain powers under rules or other enactments
11Rule 8 amended (Correction of accidental slip or omission)
12New rule 8A inserted (Recalling or reopening judgment)
8ARecalling or reopening judgment
13Rule 9 amended (Heading, point size, and margin)
14Rule 10 amended (Filing and service of documents)
15New rules 10A and 10B inserted
10APractice note about electronic format
10BInformal applications
16Rule 12 amended (Stay of proceedings and execution)
17Rule 12A revoked (Practice note about electronic format)
18Cross-heading above rule 13 revoked
19Cross-heading above rule 14 revoked
20Rule 14 replaced (Time for making application for leave)
14Time for making application for leave
21New rule 16A inserted (Extension of time for applying for leave)
16AExtension of time for applying for leave
22New rules 19A and 19B inserted
19ARespondent must respond to application for leave
19BDisposal of application for leave
23Rules 20 to 22 and cross-heading above rule 20 revoked
24Rule 23 replaced (Written submissions on application for leave)
23Written submissions on contested application for leave
25Rule 24 revoked (Bundle of authorities)
26Rule 25 amended (Oral submissions on application for leave)
27Rule 26 and cross-heading above rule 26 revoked
28Cross-heading above rule 26A revoked
29Rule 26A amended (Abandonment of applications for leave)
30Rule 26B amended (Effect of failing to pay fees of Court)
31Cross-heading above rule 27 revoked
32Rule 27 amended (Determination of application for leave)
33New Part 2A inserted
27AApplication of this Part
27BMode of bringing interlocutory application
27CProcess for disposing of interlocutory applications
34New rule 28A inserted (Interpretation in this Part)
28AInterpretation in this Part
35Rule 29 amended (Time for appeal)
36Rule 29A amended (Extension of time for appealing)
37Rule 30 amended (Form of appeal)
38Rule 31 amended (Mode of bringing appeal)
39New rule 33A inserted (Notice of appearance by respondent)
33ANotice of appearance by respondent
40Rule 35 amended (Security for costs: general)
41Rule 36 amended (Security for costs: legal aid)
42Rule 37 amended (Consequences of failure to comply with requirement to pay security for costs)
43Rule 38 amended (Allocation of hearing date)
44Rule 39 amended (Obligations of parties in preparing case on appeal)
45Rule 40 amended (Filing and form of case on appeal)
46Rule 40A revoked (Reuse of case on appeal used for leave application)
47New rule 40E inserted (Written synopsis of argument on appeal)
40EWritten synopsis of argument on appeal
48Rule 41 revoked (Written submissions on appeals)
49Rule 42 replaced (Bundle of authorities)
42Bundle of authorities
50Rule 42A amended (Issues)
51Rule 43 amended (Appeal abandoned if not pursued)
52Rule 44 amended (Abandonment of appeal by party)
53New rule 44A inserted (Court’s power to strike out or stay appeal)
44ACourt’s power to strike out or stay appeal
54Rule 45 amended (Application for leave to adduce further evidence)
55New rule 47A inserted (Outline of oral argument on appeal)
47AOutline of oral argument on appeal
56Rule 49 amended (Delivery of judgment)
57Rule 51 amended (Judgments to be sealed, dated, and served)
58Rule 52 amended (When judgment takes effect)
59New rule 52B inserted (Disposition of amounts held for security for costs)
52BDisposition of amounts held for security for costs
60New Part 4A heading inserted
61Rule 53A amended (Principles applying to determination of costs)
62Rule 53G amended (Principles applying to costs on application for leave to appeal)
63New rule 53GA inserted (Principles applying to costs on interlocutory applications)
53GAPrinciples applying to costs on interlocutory applications
64Rule 54 renumbered (Repayment of judgment sum and interest)
65Part 5 heading amended
66Rule 56 amended (Transitional provision)
67New Schedule 1AA inserted
68Schedule 1 replaced
69Schedule 2 replaced
Explanatory note
Administrative Information