2.2 NUMBERING AND FORMAT OF FOOTNOTES
2.2.1 Numbering All the footnote numbers in an article or essay must run consecutively from the beginning to the end of the article, and must correspond with numbers in the text. Where a large work contains multiple chapters, numbering of the footnotes may begin again at the start of each chapter. Different institutions may have different guidance about what is appropriate. Place footnote numbers in the main text in superscript. Footnote numbers should not be enclosed in brackets or be followed by a full stop either in the text or in the footnotes. 2.2.2 Position of footnote numbers in the main text Where a sentence contains one proposition, or a reference to a single case, give a single footnote at the end of the sentence. Do not give separate footnotes for the case reference and the pinpoint reference. Eg In the main text:
In Jupiter Air Ltd (in liq) v Australian Aviation Underwriting Pool Pty Ltd the High Court held that it had no jurisdiction to order disclosure of the identity of a third-party funder pre-trial to assist with an application for security for costs.3
In the footnotes:
3 Jupiter Air Ltd (in liq) v Australian Aviation Underwriting Pool Pty Ltd (2002) 16 PRNZ 702 (HC) at [25].
Where a sentence contains multiple propositions, give a footnote for each proposition at the end of the clause containing the proposition. Eg In the main text:
The Broadcasting Standards Authority must give the complainant and the broadcaster a reasonable opportunity to make written submissions;4 its procedure must involve as little formality and technicality as is permitted by the principles of natural justice.5
In the footnotes:
4 Broadcasting Act 1989, s 10(1)(a).
5 Section 10(2)(c).
In the case of a sentence containing only one footnote, it may be appropriate to place the footnote mid-sentence if it is necessary for clarity to show that the footnote relates to a particular point in the sentence.
Where a sentence refers to multiple cases for a single proposition, give a single footnote to refer to all of the cases at the end of the sentence. However, if a sentence contains multiple cases and a footnote is required for each case, place the footnote number after the reference to each case. Eg In the main text:
The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council.6
In the footnotes:
6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at 339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000 at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302 (HC) at [33].
If a footnote is at the end of a sentence, the footnote number follows the full stop. If it is at the end of a clause, it follows the comma or any other punctuation that separates the clauses.
Where the footnote relates to the source of a quotation, the position of the footnote reference will depend on the length of the quotation. For short quotations (those fewer than 30 words), the footnote number should be given at the end of the sentence (if the sentence contains no other footnotes). This avoids the need for two footnotes for the same source (one for the citation and one for the pinpoint reference). If the sentence contains a short quotation and another footnote to a different source, place the footnote number after any punctuation following the quotation. Eg In Beresford v Royal Insurance Co Ltd, Lord Atkin said that “an assured cannot by his own deliberate act cause the event upon which the insurance is payable” on ordinary insurance principles.2
Eg Sir Ivor Richardson has warned about the importance of testing assumptions against the available empirical evidence. Writing extra-judicially in 1999 he noted that we should “be wary of intuitive assessments of how people actually respond”,12 picking up a theme from an earlier article he wrote in 1985.13
For long quotations, the footnote number follows the colon preceding the quotation.
For information concerning when to use short and long quotations, see rule 1.2.2(a).
2.2.3 Location of footnotes
Footnotes should be visually separated from the text of each page.
Where possible, footnotes should be printed entirely on the page to which they refer.
2.2.4 Format and content of footnotes
(a) Punctuation
Begin each footnote with an initial capital letter and conclude with a full stop.
Where several sources are cited for one proposition in a footnote, separate them by semicolons. The final source should be preceded by “and”. Eg 45 Edwards v O’Connor [1991] 2 NZLR 543 (CA); L G Thorne & Co v Thomas Borthwick & Sons [1956] SR (NSW) 81 (SC); and State Rail Authority v Heath Outdoor Ltd (1986) 7 NSWLR 170 (CA).
Only use punctuation where it is grammatically necessary and not to indicate abbreviation. Eg CA
NOT C.A.
(b) Signals in footnotes
If a footnote is merely acting as an authority for the point in the main text, there is no need to provide an introductory signal.
Where the footnote is being used to provide additional or comparative information it is appropriate to use an introductory signal.
Do not use abbreviated introductory signals, such as “cf”, “f”, “ff” and “et seq”.
Examples of appropriate introductory signals are as follows:
“See” – used where: (a) The source referred to is not direct authority for the proposition in the main text but that proposition can be inferred from the source.
(b) The source referred to is an opinion of an author rather than a statement of fact. It is usually appropriate to include in a footnote beginning with “see” some text indicating what the reader will see when consulting the source.
“See also” – used where the authority provides added support for the proposition.
“See generally” – used where the authority provides background information about the point in the main text.
“Compare” – used where the authority provides a useful comparison that helps to illustrate the proposition in the main text.
“But see” – used where the authority is in partial disagreement with the proposition in the main text.
“Contrast” – used where the authority directly contradicts the proposition in the main text.
“… and following” – used after a pinpoint reference to indicate that the following pages in the cited source are also relevant.
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