VadeLab
StatuteSenior Courts Act 2016

Section 49 — Senior Courts Act 2016: Powers exercisable by Judges

Text of the provision Official document

49 Powers exercisable by Judges (1) This section applies to all proceedings before the Court of Appeal other than proceedings under the Criminal Procedure Act 2011 . (2) Any 2 or more Judges of the Court of Appeal may act as the court to determine— (a) any contested application for leave to appeal: (b) any contested application for an extension of time to appeal: (c) any other contested application or matter (other than an appeal) that effectively determines or disposes of the substantive proceeding. (3) A single Judge of the Court of Appeal may act as the court to determine any uncontested application of the kind referred to in subsection (2) or other uncontested matter in the court (other than an appeal). (4) If a single Judge acting under subsection (3) determines not to grant an application or not to resolve a matter in favour of a party, the party may apply to have the Judge’s determination reviewed by 2 or more Judges of the Court of Appeal. (5) The Judges who determine an application under subsection (4) may confirm, modify, or reverse the single Judge’s determination. (6) A single Judge of the Court of Appeal may— (a) review a decision of the Registrar made within the civil jurisdiction of the court under— (i) a power conferred on the Registrar by a rule made under section 148 ; or (ii) in the exercise of the powers under section 64(1)(b) ; and (b) confirm, modify, or revoke that decision as the Judge thinks fit. (7) Unless otherwise directed by the court— (a) every application and matter dealt with under this section must be determined on the papers; and (b) every review under this section must be conducted on the papers. Compare: 1908 No 89 s 61A(1), (2)

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.