CRIMINAL LAW

The right to appeal from New Zealand-based courts to the United Kingdom-based Judicial Committee of the Privy Council was abolished as from 1 January 2004 with the establishment of the Supreme Court.

However, under the Supreme Court Act 2003, certain appeals can continue to be determined by the Privy Council. These are:

• appeals made to the Privy Council before 1 January 2004
• appeals arising out of successful applications to New Zealand courts for leave to appeal to the Privy Council made before 1 January 2004
• appeals arising out of successful applications to the Privy Council for special leave to appeal to it made before 1 January 2004
• appeals arising out of successful applications to the Privy Counvil for special leave to appeal to it made after a New Zealand court has, before 1 January 2004, refused leave to appeal

In these cases, parties to an appeal can waive their ability to appeal to the Privy Council if the Privy Council has not begun hearing the appeal and the parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against the decision concerned.

The Judicial Committee of the Privy Council was formally established by the United Kingdom Judicial Committee Act in 1833.

It consists of the Lord Chancellor, the Lords President of the Council, the Lords in Appeal Ordinary, and Judges of the superior Courts of the Commonwealth countries as appointed by the Crown.

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