Chapter 8Chapter 8

The Courts in New The Courts in New ZealandZealand

District Court

High Court

Court of Appeal

Privy Council

Family Court

Disputes Tribunal

Other Specialist

Courts

Finis

Disputes Tribunal

Referee not necessarily legally qualified

Hears disputes involving claims up $7500 ($12 000 with agreement)

Informal – no legal representation allowed.

District Court

District Court Judges (legally qualified)

Community Magistrates

Justices of the Peace

Juries (serious criminal cases)

Civil Jurisdiction (District Court Judges)

Claims for damages, etc. up to $200 000

Land to the value of $500 000

Similar limits in Admiralty

Not legally qualified

District Court

Criminal Jurisdiction

Summary offenses Indictable offenses tried summarily

Preliminary proceedings on indictments

Indictable offenses – serious offences

DC Judge and jury

DC Judges, JPs, Community Magistrates

Family Court

Family Court judges – qualified lawyers and are also judges of the District Court

Jurisdiction over family matters – dissolution of marriage; adoption; property settlements

High Court

Chief Justice of New Zealand High Court Judges

(All qualified lawyers with extensive court experience)

Juries – criminal and defamation cases

Original jurisdiction Civil – all matters but generally those of a more serious nature $200 000 +

Criminal – only the most serious of crimes: murder, importation of class-A drugs, etc.

High Court

Appellate jurisdiction

The High Court hears appeals from the District Court – civil appeals and appeals from summary criminal proceedings.

Appeals from the Family Court and the Environment Court lie to the High Court.

Court of Appeal

The Chief Justice of New Zealand The President of the Court of Appeal Judges of the Court of Appeal High Court Judges appointed to hear appeals in one of the Divisional Courts of the Court of Appeal

Jurisdiction is purely appellate – hears appeals from the

High Court

Employment Court

Maori Appellate Court

Privy Council

Judicial Committee of the Privy Council – sits in London.

Senior British judges – Law Lords and holders and past holders of high judicial office.

Hears appeals in cases where there is important point of law, from Her Majesty’s realms and territories overseas and a few Commonwealth Countries.

The Environment Court

Formerly the Planning Tribunal

Established under Part XI of the Resource Management Act 1991

Environment Court Judges (qualified lawyers) Environment Commissioners

Hears appeals and resolves disputes relating to resource consents and other matters under the Act.

Appeals to the High Court on points of law only.

Employment Relations

The Employment Court

Employment Relations Authority

Mediation services

Court of Appeal

By way of review

On a point of law

Judges are qualified lawyers under the Chief Judge.

Exclusive jurisdiction with the Employment Relations Authority over all employment matters.

Officials with the power to investigate employment issues and resolve them. The parties are required at least to have attempted mediation through the:

Set up to provide facilities for the settlement of employment disagreements.

The Employment Court

Employment Relations Authority

Mediation services

Court of Appeal

The Maori Land Court

The Maori Appellate

Court

The Maori Land Court

Established under Te Ture Whenua or Maori Land Act Chief Judge; Deputy Chief Judge; Judges of Maori Land Court

Exclusive jurisdiction over claims relating to Maori land. Appeal lies to:

The Maori Appellate Court

Three judges of the Maori Land Court

Appeals from the Maori Land Court

May hear a case stated by the High Court relating to Maori Land. Appeal lies to the Court of Appeal.