Practice in relation to allocation of judges

The following practice applies to the allocation of judges to a panel for the hearing of an appeal[1] in the Supreme Court of New Zealand | Te Kōti Mana Nui o Aotearoa when six permanent judges are available to sit on the appeal. 

Background

A  Section 66(2) of the Senior Courts Act 2016 (the Act) provides that Supreme Court consists of the Chief Justice and no fewer than four nor more than five other judges. At present, the Court has six permanent judges (the Chief Justice and five other judges).

B   Section 81(1) of the Act requires that Supreme Court comprise five judges for the purpose of hearing and determining an appeal.

C    It is appropriate that the practice for the allocation of a panel of five judges for the hearing of an appeal when six permanent judges are available to sit on the appeal is transparent.[2]

Practice

1    When six permanent judges are available to sit on an appeal, the panel to hear the appeal will be decided by the permanent judges by consensus.

2    In the event that the six permanent judges cannot reach consensus, the panel to hear the appeal will be the Chief Justice and four other permanent judges who will be selected by lot.

Rt Hon Dame Helen Winkelmann
Chief Justice | Te Tumu Whakawā
3 July 2023

[1]             References to an “appeal” include any other proceeding before the Court that is to be heard and determined by a panel of five judges.

[2]             A judge will be unavailable to sit on an appeal where precluded from doing so by conflict, illness or other scheduled absence, or current judicial workload requirements.