APPENDIX 6: COURT RULES RELATING TO STYLE

This appendix highlights the most important rules relating to style in the superior courts at the date of publication of this guide.

HIGH COURT RULES 2016

Paper must be A4 sized: r 5.3.

The contents of each document must be typed, except for dates and signatures: r 5.4.

A margin of at least one-quarter of the width of the paper must be left on the left-hand side of each page. If the reverse side of the page is used, the same margin must be left on the right-hand side of the page: r 5.5.

If a document is signed, the signature must be an original, and immediately below the signature the name of the signatory must be legibly typed, printed, stamped or written in the style of the printed matter: r 5.6.

The first sheet of a document must be a cover sheet. It must not be numbered, even if the heading is continued onto another sheet. Each page after the cover sheet must be numbered consecutively, starting with the number 1: r 5.7.

The cover sheet must include, immediately below the heading, an accurate description of the document. The description must include words indicating the party by whom or on whose behalf the document is filed, and the words “application without notice” in the case of an application of that type: r 5.8.

All documents presented for filing must have the proper heading of the proceeding: r 5.9.

Special rules apply in respect of cover sheets for originating documents and notices of interlocutory application: r 5.10.

All documents must be divided into paragraphs, numbered consecutively, starting with the number 1: r 5.14.

Numbers must be expressed in figures and not in words: r 5.15.

For rules relating to the headings of documents, see rr 5.11–5.13.

Details on the solicitor filing the document must be included on the cover sheet: r 5.16.

COURT OF APPEAL (CIVIL) RULES 2005

These rules generally apply to all civil appeals. Rules relating to style largely mirror those in the Supreme Court Rules 2004.

General

The first page of each document filed must have a heading comprising the words “In the Court of Appeal of New Zealand”, and the names of each appellant and respondent, followed in each case by the word “Appellant” and “Respondent”: r 9(1).

Every document must be in legible type and not less than 12-point size: r 9(2).

Every page of a document must, on the left-hand side, have a margin at least one quarter width of the paper. If the page is the reverse side of the paper, the margin must be on the right-hand side: r 9(3).

Applications for leave to appeal

Applications for leave to appeal must be in the prescribed form or in a form to similar effect: r 15 and sch 1.

An applicant’s written submissions in support must not exceed 10 pages, using 1.5 line spacing. Applicants must set out clearly and succinctly a narrative of the relevant facts, the points of law or fact involved, the decision appealed against, and the reasons why the Court should give leave to appeal: r 23(2).

If a party opposes the application for leave, that party’s written submissions in response must not exceed 10 pages, using 1.5 line spacing. They must set out clearly and succinctly the reasons that support the arguments advanced in response: r 23(4).

Appeals

A notice of appeal or cross-appeal must be in the prescribed form or in a form to similar effect: r 30 and sch 1.

A party’s written submissions on the appeal may not be over 30 pages, using 1.5 line spacing. They must set out the following: at the beginning of the document, a summary of the argument; a narrative of facts relevant to the issues on appeal; the party’s submissions, including as to costs; and, at the end of the document, a list of authorities to be cited by the party: r 41.

Cases on appeal

See rr 39–40D. Particular points to note:

The pages contained in a case on appeal must be A4 in size and every page must be numbered consecutively from volume to volume: r 40(3).

Each volume must: be bound by cloth binding or by a flexibinding or a spiral binding process; be limited to a maximum of 250 pages; have a title page as the cover showing a heading, the names of the solicitors and the address for service of each party; and have a table of contents that appears immediately after the title page and consists of a complete list of all documents contained in the case on appeal: r 40(4).

If the case on appeal comprises more than one volume, there must be a separate volume containing the documents referred to in r 40(5).

COURT OF APPEAL (CRIMINAL) RULES 2001

These rules generally apply to all criminal matters. The rules require parties to use different prescribed forms depending on the type of application or appeal.

Any written submissions filed must: be in type of not less than 12-point size; be on A4 paper; and use 1.5 line spacing: r 5A. Where the application for leave to appeal is to be heard orally, separately from the proposed appeal, each party’s written submissions must not exceed 5 pages: r 5G(3).

SUPREME COURT RULES 2004

These rules apply to both criminal and civil appeals. The rules relating to style largely mirror those in the Court of Appeal (Civil) Rules 2005.

A party’s written submissions on the appeal may not be over 30 pages: r 36(1). They must set out the following: at the beginning of the document, a summary of the argument; a narrative of facts relevant to the issues on appeal; the party’s submissions; and, at the end of the document, a list of authorities to be cited by the party: r 36(1).

Applications for leave to appeal

Applications for leave to appeal must be in the proscribed form: r 12 and the schedule.

An applicant’s written submissions in support of a leave to appeal application must not exceed 10 pages. Applicants must set out clearly and succinctly a narrative of the relevant facts, the points of law involved, the decision to be appealed against and the reasons why leave to appeal should be given in terms of the criteria set out in s 13 of the Supreme Court Act 2003: r 20.

A respondent’s written submissions must also not exceed 10 pages: r 20. They must set out clearly and succinctly the reasons for opposing the application. If a respondent does not wish the judgment appealed from to be varied but intends to support it on a different ground, notice of that intention must be given in the respondent’s submissions: r 20A.

The written submissions of each party represented by counsel must provide an indication of counsel’s preferred dates for the hearing of the appeal, in the event that leave is given: r 20(4).

Cases on appeal in civil appeals

See rr 34–35. Particular points to note:

Appellants have responsibility for preparing a draft case on appeal, but must consult with the respondent: r 34.

The pages contained in a case on appeal must be A4 in size and every page must be numbered consecutively from volume to volume: r 35(2).

Each volume must: be bound by cloth-binding or by a flexi-binding or spiral binding process; be limited to a maximum of 250 pages; have a title page as the cover showing a heading and the names of the solicitors and the address for service of each party; and have a table of contents that appears immediately after the title page and consists of a complete list of all documents contained in the case on appeal: r 35(3).

If the case on appeal comprises more than one volume, there must be a separate volume containing the essential documents referred to in r 35(6).

So far as possible, and subject to r 35(6), the documents must be arranged in chronological order: r 35(7).

Cases on appeal in criminal appeals

The Registrar has the responsibility for preparing the case on appeal: r 35A.