Leave
Unlike some other final appellate courts internationally, there is no automatic right of appeal to the Supreme Court of New Zealand. All appeals are first required to apply to the Court for leave to appeal. This is granted or declined based on a number of factors listed in the Supreme Court Act, with the overarching principle being that it must be necessary in the interests of justice for the Court to hear the appeal. Leave applications are normally determined by any two judges of the court based on the written submission of the parties without an oral hearing; however, the judges hearing the application can decide to hold an oral hearing if they wish.
This system is also in place in the United Kingdom where the Supreme Court of the United Kingdom, the highest court of appeal in the United Kingdom, also must grant leave for appeal for cases to be heard before it. Similarly, most litigants seeking to appeal to the Supreme Court of the United States, Supreme Court of Canada or High Court of Australia require leave before their case can be heard – although there are some exceptions to this in the latter three courts.
Read more about this topic: Supreme Court Of New Zealand
Famous quotes containing the word leave:
“I have made a short excursion into the new world which the Indian dwells in, or is. He begins where we leave off.”
—Henry David Thoreau (1817–1862)
“Reason is a supple nymph, and slippery as a fish by nature. She had as leave give her kiss to an absurdity any day, as to syllogistic truth. The absurdity may turn out truer.”
—D.H. (David Herbert)
“She might have been old once and now, miraculously, young again—but with the memory of that other life intact. She seemed to know the world down there in the dark hall and beyond for what it was. Yet knowing, she still longed to leave this safe, sunlit place at the top of the house for the challenge there.”
—Paule Marshall (b. 1929)