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OUR NEW ZEALAND COURT SYSTEM - Ministry of Justice · most powerful court and our final appeal...
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MOJ0018.13_AUG17 New Zealand’s courts enforce criminal law and resolve civil disputes. The court system is adversarial. That is, there are two sides in a case, each side presents its most persuasive legal arguments and emphasises the facts that support its case. A judge or jury decides in favour of one side. General courts The main courts in New Zealand are, in descending order, the Supreme Court, the Court of Appeal, the High Court and the District Courts. The Supreme Court is New Zealand’s most powerful court and our final appeal court. APPEALING A DECISION If you want to appeal a decision made by a court, you must ask – or appeal to – a higher court. For example, if you want to appeal a decision made in a District Court, you need to go to the High Court. In some criminal cases, you could bypass the High Court and go directly to the Court of Appeal. BINDING DECISIONS A decision made by a higher court is binding on all lower courts. This means the lower courts must obey the decision of the higher court. Decisions made by the Supreme Court are binding on all other courts. Tribunals & Authorities Māori Land Court Coroners Court Waitangi Tribunal Employment Relations Authority Court Martial Employment Court Supreme Court Court of Appeal High Court Environment Court District Court — CIVIL — FAMILY — YOUTH — CRIMINAL Courts Martial Appeal Court Māori Appellate Court The Ministry of Justice administers all New Zealand courts, tribunals and authorities except for the Employment Relations Authority (run by the Ministry of Business, Innovation and Employment) and the Court Martial (run by New Zealand Defence Force) Tribunals and authorities are expert forums are legislated to resolve civil disputes. Parties appearing before a tribunal or authority use mediation and compromise to come to an agreement. Tribunals and authorities Cases heard by a tribunal or authority can be appealed to the District Court or High Court. In some cases, no line of appeal is available. THE DISTRICT COURT CAN HEAR APPEALS FROM: • Birdlings Flat Land Titles Commissioner • Disputes Tribunals • Immigration Advisers Complaints and Disciplinary Tribunal • Motor Vehicle Disputes Tribunal • Secondhand Dealers and Pawnbrokers Licensing Authority • Tenancy Tribunal • Weathertight Homes Tribunal (for less than $200,000) THE HIGH COURT CAN HEAR APPEALS FROM: • Accident Compensation Appeal Authority • Alcohol Regulatory and Licensing Authority • Copyright Tribunal • Customs Appeal Authority • Human Rights Review Tribunal • Immigration and Protection Tribunal • Land Valuation Tribunal • Lawyers and Conveyancers Disciplinary Tribunal • Legal Aid Tribunal (only on points of law) • Private Security Personnel Licensing Authority • Real Estate Agents Disciplinary Tribunal • Social Security Appeal Authority • Taiapure-Local Fisheries Tribunal • Taxation Review Authority • Trans-Tasman Occupations Tribunal • Weathertight Homes Tribunal (for more than $200,000) THE EMPLOYMENT COURT HEARS APPEALS FROM: • Employment Relations Authority THERE IS NO LINE OF APPEAL FOR CASES HEARD BY: • Abortion Supervisory Committee • Criminal Justice Assistance Reimbursement Scheme • International Education Appeal Authority • Legal Complaints Review Officer • Review Authority • Student Allowance Appeal Authority • Victims Special Claims Tribunal • Waitangi Tribunal OUR NEW ZEALAND COURT SYSTEM OVERVIEW OF THE APPEALS PROCESS
Transcript of OUR NEW ZEALAND COURT SYSTEM - Ministry of Justice · most powerful court and our final appeal...
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New Zealand’s courts enforce criminal law and resolve civil disputes. The court system is adversarial. That is, there are two sides in a case, each side presents its most persuasive legal arguments and emphasises the facts that support its case. A judge or jury decides in favour of one side.
General courtsThe main courts in New Zealand are, in descending order, the Supreme Court, the Court of Appeal, the High Court and the District Courts. The Supreme Court is New Zealand’s most powerful court and our final appeal court.
APPEALING A DECISIONIf you want to appeal a decision made by a court, you must ask – or appeal to – a higher court. For example, if you want to appeal a decision made in a District Court, you need to go to the High Court. In some criminal cases, you could bypass the High Court and go directly to the Court of Appeal.
BINDING DECISIONSA decision made by a higher court is binding on all lower courts. This means the lower courts must obey the decision of the higher court. Decisions made by the Supreme Court are binding on all other courts.
Tribunals & Authorities
Māori Land Court
Coroners Court
Waitangi Tribunal
Employment Relations Authority
Court Martial
Employment Court
Supreme Court
Court of Appeal
High Court
Environment Court
District Court
— C
IVIL
— FA
MILY
— YO
UTH
— C
RIM
INA
L
Courts Martial Appeal Court
Māori Appellate Court
The Ministry of Justice administers all New Zealand courts, tribunals and authorities except for the Employment Relations Authority (run by the Ministry of Business, Innovation and Employment)
and the Court Martial (run by New Zealand Defence Force)
Tribunals and authorities are expert forums are legislated to resolve civil disputes. Parties appearing before a tribunal or authority use mediation and compromise to come to an agreement.
Tribunals and authoritiesCases heard by a tribunal or authority can be appealed to the District Court or High Court. In some cases, no line of appeal is available.
THE DISTRICT COURT CAN HEAR APPEALS FROM:• Birdlings Flat Land Titles Commissioner• Disputes Tribunals• Immigration Advisers Complaints and Disciplinary Tribunal• Motor Vehicle Disputes Tribunal• Secondhand Dealers and Pawnbrokers Licensing Authority• Tenancy Tribunal• Weathertight Homes Tribunal (for less than $200,000)
THE HIGH COURT CAN HEAR APPEALS FROM:• Accident Compensation Appeal Authority• Alcohol Regulatory and Licensing Authority• Copyright Tribunal• Customs Appeal Authority• Human Rights Review Tribunal• Immigration and Protection Tribunal• Land Valuation Tribunal• Lawyers and Conveyancers Disciplinary Tribunal• Legal Aid Tribunal (only on points of law)• Private Security Personnel Licensing Authority• Real Estate Agents Disciplinary Tribunal• Social Security Appeal Authority• Taiapure-Local Fisheries Tribunal• Taxation Review Authority• Trans-Tasman Occupations Tribunal• Weathertight Homes Tribunal (for more than $200,000)
THE EMPLOYMENT COURT HEARS APPEALS FROM:• Employment Relations Authority
THERE IS NO LINE OF APPEAL FOR CASES HEARD BY:• Abortion Supervisory Committee• Criminal Justice Assistance Reimbursement Scheme• International Education Appeal Authority• Legal Complaints Review Officer• Review Authority• Student Allowance Appeal Authority• Victims Special Claims Tribunal• Waitangi Tribunal
OUR NEW ZEALAND COURT SYSTEMOVERVIEW OF THE APPEALS PROCESS
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