Section 48 — Senior Courts Act 2016: Composition of divisions
Text of the provision Official document
48 Composition of divisions (1) For the purposes of a proceeding that is heard by a division, the Court of Appeal comprises— (a) 3 Judges of the Court of Appeal holding office under section 45(2) or 112 ; or (b) 2 Judges of the Court of Appeal holding office under section 45(2) or 112 and 1 Judge of the High Court appointed under subsection (2); or (c) 1 Judge of the Court of Appeal holding office under section 45(2) or 112 and 2 Judges of the High Court appointed under subsection (2). (2) The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be members of the Court of Appeal for the purposes of any proceedings. (3) Judges may be appointed under subsection (2) either— (a) in respect of a specified case or specified cases; or (b) in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months. (4) An appointment under subsection (2) may be made for 1 or more 3-month periods, but no Judge may be a member of the Court of Appeal under that subsection for more than 4 months in any calendar year. (5) Section 177 applies to an appointment under subsection (2) despite anything in subsection (3) or (4). Compare: 1908 No 89 ss 58A , 58B
Official source: legislation.govt.nz
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