✨ Legal Procedures for Appeals
MAR. 24.] THE NEW ZEALAND GAZETTE 923
Special Leave to appeal.
Form of Petition for special leave to appeal.
3. A petition for special leave to appeal to His Majesty
in Council shall state succinctly and fairly all such facts
as it may be necessary to state in order to enable the
Judicial Committee to advise His Majesty whether such
leave ought to be granted. The Petition shall not travel
into extraneous matter, and shall deal with the merits of
the case only so far as is necessary for the purpose of
explaining and supporting the particular grounds upon
which special leave to appeal is sought.
Three copies of Petition to be lodged together with
Affidavit in support.
4. The Petitioner shall lodge at least three copies of his
Petition for special leave to appeal together with the
affidavit in support thereof prescribed by Rule 50 herein-
after contained.
Time for lodging Petition.
5. A Petition for special leave to appeal may be lodged
at any time after the date of the judgment sought to be
appealed from, but the Petitioner shall, in every case,
lodge his Petition with the least possible delay.
Security for costs and transmission of Record.
6. Where the Judicial Committee agree to advise His
Majesty to grant special leave to appeal, they shall, in
their Report, specify the amount of the security for costs
(if any) to be lodged by the Petitioner, and the period (if
any) within which such security is to be lodged and shall,
unless the circumstances of a particular case render such
a course unnecessary, provide for the transmission of the
Record by the Registrar of the Court appealed from to the
Registrar of the Privy Council and for such further
matters as the justice of the case may require.
General provisions.
7. Save as by the four last preceding Rules, otherwise
provided, the provisions of Rules 47 to 50 and 52 to 59 (all
inclusive) hereinafter contained shall apply, mutatis mu-
tandis, to Petitions for special leave to appeal.
Petitions for special leave to appeal in forma pauperis.
8. Rules 3 to 7 (both inclusive) shall apply, mutatis
mutandis, to Petitions for leave to appeal in forma
pauperis, but in addition to the affidavit referred to in
Rule 4 every such Petition shall be accompanied by an
Affidavit from the Petitioner stating that he is not worth
£25 in the world excepting his wearing apparel and his
interest in the subject-matter of the intended Appeal, and
that he is unable to provide sureties, and also by a certifi-
cate of Counsel that the Petitioner has reasonable ground
of appeal.
Exemption of pauper Appellant from lodging security and
paying Office fees.
9. Where a Petitioner obtains leave to appeal in forma
pauperis, he shall not be required to lodge security for the
costs of the Respondent or to pay any Council Office fees.
Exemption of unsuccessful Petitioner for leave to appeal
in forma pauperis from payment of Office fees.
10. A Petitioner whose Petition for leave to appeal in
forma pauperis is dismissed may, notwithstanding such
dismissal, be excused from paying the Council Office fees
usually chargeable to a Petitioner in respect of a Petition
for leave to appeal, if His Majesty in Council, on the
advice of the Judicial Committee, shall think fit so to
order.
Record.
Record to be transmitted without delay.
11. As soon as an Appeal has been admitted, whether by
an Order of the Court appealed from or by an Order of
His Majesty in Council granting special leave to appeal,
the Appellant shall without delay take all necessary steps
to have the Record transmitted to the Registrar of the
Privy Council.
Printing of Record.
12. The Record shall be printed in accordance with
Rules I to IV of Schedule A hereto. It may be so printed
either abroad or in England.
Number of copies to be transmitted, where Record printed
abroad.
13. Where the Record is printed abroad, the Registrar
shall, at the expense of the Appellant, transmit to the
Registrar of the Privy Council 40 copies of such Record,
one of which copies he shall certify to be correct by
signing his name on, or initialling, every eighth page
thereof and by affixing thereto the seal, if any, of the
Court appealed from.
One certified copy to be transmitted, where Record to be
printed in England.
14. Where the Record is to be printed in England, the
Registrar shall, at the expense of the Appellant, transmit
to the Registrar of the Privy Council one certified copy
of such Record, together with an index of all the papers
and exhibits in the case. No other certified copies of the
Record shall be transmitted to the Agents in England by
or on behalf of the parties to the Appeal.
Record printed partly abroad, partly in England.
15. Where part of the Record is printed abroad and part
is to be printed in England, Rules 13 and 14 shall, as far
as practicable, apply to such parts as are printed abroad
and such as are to be printed in England respectively.
Reasons for judgments to be transmitted.
16. The reasons given by the judge, or any of the judges,
for or against any judgment pronounced in the course of
the proceedings out of which the Appeal arises, shall by
such judge or judges be communicated in writing to the
Registrar and shall by him be transmitted to the Registrar
of the Privy Council at the same time when the Record is
transmitted.
Exclusion of unnecessary documents from Record.
17. The Registrar, as well as the parties and their
Agents, shall endeavour to exclude from the Record all
documents (more particularly such as are merely formal)
that are not relevant to the subject-matter of the Appeal,
and, generally, to reduce the bulk of the Record as far as
practicable, taking special care to avoid the duplication
of documents and the unnecessary repetition of headings
and other merely formal parts of documents; but the
documents omitted to be printed or copied shall be enume-
rated in a list to be placed after the index or at the end
of the Record.
Documents objected to to be indicated.
18. Where in the course of the preparation of a Record
one party objects to the inclusion of a document on the
ground that it is unnecessary or irrelevant, and the other
party nevertheless insists upon its being included, the
Record, as finally printed (whether abroad or in England),
shall, with a view to the subsequent adjustment of the
costs of and incidental to such document, indicate, in the
index of papers, or otherwise, the fact that, and the
party by whom, the inclusion of the document was objected
to.
Registration and numbering of Records.
19. As soon as the Record is received in the Registry
of the Privy Council, it shall be registered in the said
Registry, with the date of arrival, the names of the
parties, the date of the judgment appealed from, and the
description whether “printed” or “written.” A Record,
or any part of a Record, not printed in accordance with
Rules I to IV of Schedule A hereto, shall be treated as
written. Appeals shall be numbered consecutively in each
year in the order in which the Records are received in the
said Registry.
Inspection of Record by parties.
20. The parties shall be entitled to inspect the Record
and to extract all necessary particulars therefrom for the
purpose of entering an Appearance.
Times within which a copy of a written Record shall be
bespoken.
- Where the Record arrives in England either wholly
written, or partly written and partly printed, the Appel-
lant shall, within a period of four months from the date
of such arrival in the case of Appeals from Courts situate
in any of the countries or places named in Schedule B
hereto, and within a period of two months from the same
date in the case of Appeals from any other Courts, enter
an Appearance and bespeak a type-written copy of the
Record, or of such parts thereof as it may be necessary to
have copied, and shall engage to pay the cost of preparing
such copy at the following rates per folio typed (exclusive
of tabular matter)—1½d. per folio of English matter, 2d.
per folio of Indian matter, and 3d. per folio of foreign
matter.
Notice of Appearance by Appellant.
22. The Appellant shall forthwith, after entering his
Appearance, give notice thereof to the Respondent, if the
latter has entered an Appearance.
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Procedure for obtaining leave to appeal
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⚖️ Justice & Law EnforcementLeave to appeal, Court appealed from, Special leave, His Majesty in Council, Petition, Appellant
NZ Gazette 1910, No 26