The raising of new points in appellate courts

Abstract

Before examining the Law established by various appellate courts relating to the consideration of a new point raised before them, it is of assistance to briefly examine the jurisdiction of the main English and New Zealand Courts on appeal in order to ascertain whether, under the relevant Statutes and Rules, the Courts are required to treat a new point in a particular way: I. NEW ZEALAND (i) Appeals to the Supreme Court Appeals from the Magistrate's Court to the Supreme Court are governed by Sections 71 to 78 of the Magistrate's Court Act 1947. Section 76 (1) states: "All appeals shall be by way of rehearing" and under Section 77 (1) the Supreme Court has wide powers in dealing with appeals from the Magistrate's Court. In particular under clause (d) of this subsection the Supreme Court may "make a final or other order on such terms as it thinks proper to ensure the determination on the merits of the real questions in dispute between the parties."