Page:Cook Islands Constitution Act 1964.pdf/36

Schedule (2) The salaries of those Judges shall not be diminished during their period of office, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by enactment.

Appeals from High Court

61 Appeal from High Court to Supreme Court of New Zealand

(1) Subject to the provisions of this Constitution, an appeal shall lie to the Supreme Court of New Zealand from a final judgment of the High Court—
 * (a) As of right, if the High Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of this Constitution:
 * (b) As of right, from any conviction by the High Court in the exercise of its criminal jurisdiction whereby the appellant has been sentenced to death or to imprisonment for a term exceeding six months or to a fine of not less than one hundred pounds, and from any such sentence (not being a sentence fixed by law):
 * (c) As of right, when the matter in dispute on the appeal amounts to or is of the value of two hundred pounds or upwards:
 * (d) With the leave of the High Court in any other case, if in the opinion of that Court the question involved in the appeal is one which by reason of its general or public importance, or of the magnitude of the interests affected, or for any other reason, ought to be submitted to the Supreme Court of New Zealand for decision.

(2) Notwithstanding anything in subclause (1) of this Article, the Supreme Court of New Zealand may, in any case in which it thinks fit and at any time, grant special leave to appeal to that Court from any final judgment of the High Court, subject to such conditions as to security for costs and otherwise as the Supreme Court thinks fit.

62 Transmission of order of Supreme Court on appeal

The determination of the Supreme Court of New Zealand on any appeal from the High Court under Article 61 hereof shall be transmitted to the Registrar of the High Court by the Registrar of the Supreme Court under the seal of the Supreme Court, and judgment shall thereupon be entered by the High Court in conformity with that determination, or such other proceedings by way of a new trial or otherwise shall be taken in the High Court as are required by that determination.

63 No appeal to Court of Appeal

There shall be no appeal to the Court of Appeal of New Zealand from any decision of the Supreme Court of New Zealand on an appeal from the High Court under Article 61 hereof. 36