Created by the Supreme Court Act 2003 and sitting from 1 July 2004, it ended appeals from New Zealand to the Judicial Committee of the Privy Council. It cannot invalidate an Act of Parliament — section 4 of the New Zealand Bill of Rights Act 1990 forecloses that — but it has developed a declaratory jurisdiction, recognising in Attorney-General v Taylor that the senior courts may declare legislation inconsistent with protected rights. In Ellis v R (2022) it confirmed that tikanga Māori forms part of the common law of New Zealand.
How the court is constituted
- Tier
- supreme
- Court type
- Court of final appeal
- Jurisdiction
- Final appeals in all civil and criminal matters, by leave only, where the appeal involves a matter of general or public importance, a substantial miscarriage of justice, or a matter of general commercial significance.
- Seat
- Wellington
- Established
- 2004
- Composition
- The Chief Justice and not fewer than four other judges; normally sits as a bench of five.
- Appointment
- Appointed by the Governor-General on the recommendation of the Attorney-General, following consultation under the Senior Courts Act 2016.
- Caseload
- Grants leave in a small proportion of applications each year; the leave filter is the main workload.
- Languages
- English, Māori
Where an appeal goes next
None. This is the final court.
Filing at this court
- Application for leave to appeal
- Within 20 working days of the decision appealed from
- Leave requirement
- Leave is required in every case; there is no appeal as of right
Decisions worth knowing
- Ellis v R2022
Tikanga Māori is part of the common law of New Zealand and may be relevant to the exercise of judicial discretion, including whether a criminal appeal continues after the appellant's death.
- Attorney-General v Taylor2018
The senior courts have jurisdiction to make a formal declaration that an enactment is inconsistent with the Bill of Rights Act, without affecting the enactment's validity.
Found something out of date on Supreme Court of New Zealand?
Corrections are reviewed against the primary source before anything changes.