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The New Zealand (Appeals to the Privy Council) (Amendment) Order 1972

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Statutory Instruments

1972 No. 1994

JUDICIAL COMMITTEE

The New Zealand (Appeals To the Privy Council) (Amendment) Order 1972

Made

20th December 1972

Coming into Operation

20th December 1972

At the Court at Buckingham Palace, the 20th day of December 1972

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 1 of the Judicial Committee Act 1844 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the New Zealand (Appeals to the Privy Council) (Amendment) Order 1972 and shall be construed as one with the Order in Council dated 10th January 1910 regulating appeals to Her Majesty in Council from the Court of Appeal and from the Supreme Court of New Zealand(1), which Order is hereinafter referred to as “the principal Order”.

(2) This Order and the principal Order may be cited together as the New Zealand (Appeals to the Privy Council) Orders 1910 and 1972.

2.  The Interpretation Act 1889 shall apply for the purposes of interpreting this Order as it applies for the purposes of interpreting an Act of Parliament.

3.  Paragraph (a) of Rule 2 of the Rules contained in the principal Order is hereby amended by the substitution for the words “five hundred pounds sterling”, in both places where they occur, of the words “five thousand New Zealand dollars”.

4.  Paragraph (a) of Rule 5 of the Rules contained in the principal Order is hereby amended by the substitution for the words “five hundred pounds” of the words “two thousand New Zealand dollars”.

W.G. Agnew

EXPLANATORY NOTE

The Rules regulating appeals from the Court of Appeal of New Zealand to the Privy Council confer a right of appeal from any final judgment where the matter in dispute or claim amounts to £500 sterling. This Order increases that amount to 5,000 New Zealand dollars. It also increases the maximum security that may be required from an appellant for the due prosecution of an appeal, and for any costs that may be awarded against him, from £500 to 2,000 New Zealand dollars.

(1)

S.R. & O. 1910/70 (Rev. XI, p. 409; 1910, p. 313).

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