The Supreme Court of New Zealand was established under the ‘Supreme Court Act 2003.’
The Act established within New Zealand a new Court of final appeal comprising New Zealand judges to (a) recognise that New Zealand is an independent nation with its own history and traditions (b) enable important legal matters, including legal matters relating to the Treaty of Waitangi, to be resolved with an understanding of New Zealand conditions, history and traditions; and (c) to improve access to justice.
For appeals from New Zealand, the Supreme Court of New Zealand replaced the Judicial Committee of the Privy Council located in London, and came into being on January 1, 2004, with hearings commencing on July 1, 2004.
Appeals to Privy Council
The right to appeal from New Zealand-based courts to the UK based Judicial Committee of the Privy Council was abolished with effective from January 1, 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, where the Court of Appeal made its final judgment or decision before January 1, 2004, or made it after December 31, 2003 in a proceeding whose hearing was completed before January 1, 2004, provided that before 1 January 2004 an appeal could be made (a) directly to the Privy Council; or (b) following a successful application to a New Zealand court for leave to appeal to the Privy Council (c) or following a successful application to the Privy Council for special leave to appeal to it.
Alternatively, 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 all 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 picture here of the Supreme Court building in Wellington depicts an unusual ovoid shape of the courtroom. Its copper panelled exterior and interior lined with silver beech panels emulate the form and texture of the cone of the kauri tree.
Together they create a diamond pattern that references tukutuku (woven panels) found within marae. These features have the combined effect of a building that is symbolic of New Zealand.
Source: Ministry of Justice
