Judiciary of New Zealand

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Judiciary of
New Zealand

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Introduction
• The judiciary of New Zealand is a system of courts that
interprets and applies the laws of New Zealand. It has four
primary functions: to provide a mechanism for dispute
resolution; to deliver authoritative rulings on the meaning and
application of legislation; to develop case law; and to uphold the
rule of law, personal liberty and human rights.
• The judiciary has four levels: the six-member Supreme Court is
the highest court; the ten-member Court of Appeal hears appeals
from the High Court on points of law; the High Court deals with
serious criminal offences and civil matters, and hears appeals
from the lower courts; and the District Court, which meets in
fifty-eight locations. There is also a separate Māori Land Court
and Māori Appellate Court which have jurisdiction over Māori
land cases under the Te Ture Whenua Maori Act 1993.

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Court hierarchy
• The Supreme Court sits at the apex of the New Zealand court hierarchy as the
final appellate court. Cases may only go to the Supreme Court if it grants "leave
to appeal". It generally hears appeals of considerable public interest, commercial
significance, substantial miscarriages of justice or significant issues relating to
the Treaty of Waitangi. The chief justice presides over the Supreme Court and is
described in the Judicature Act as the head of the judiciary. Before the Supreme
Court first met in 2004, the Privy Council in London served as the highest court.
• The High Court and Court of Appeal are subordinate appellate courts. The High
Court is also the highest court of first instance, primarily hearing complex cases
or those cases which exceed the lower courts' jurisdiction. This includes all
criminal trials for murder, manslaughter and treason. The District Court hears
more than 95% of all criminal trials. The Family Court and Youth Court are
specialist divisions of District Court, dealing with families and young people,
respectively. Other specialist courts include: the Employment Court; the
Environment Court; the Māori Land Court; the Māori Appellate Court; and
disputes tribunals, which are small claims courts. The Waitangi Tribunal is a
permanent commission of inquiry established under the Treaty of Waitangi Act
1975.

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Law
• New Zealand practices the common law legal system,[12] where the
decisions of higher courts constitute binding precedent upon courts of
equal or lower status within their jurisdiction, as opposed to the civil law
legal system in the continental Europe.
• The laws of New Zealand are based on English law, some older statutes of
the British Parliament (notably the Bill of Rights 1689), statutes of the
New Zealand Parliament and decisions of the New Zealand courts.
The laws are based on three related principles:
1. parliamentary sovereignty;
2. the rule of law;
3. the separation of powers.
• In interpreting common law, New Zealand judges have followed British
decisions, although they are not bound by them, thereby preserving
uniformity with British common law, bolstered by the long-term role of
the Privy Council.

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Judges
• The chief justice is formally appointed by the governor-general on the
recommendation of the prime minister. The judges of the Māori Land Court are
appointed by the governor-general on the recommendation of the minister for
Māori Development. All other superior court judges are appointed by the
governor-general on the advice of the attorney-general, the chief justice, and the
solicitor-general collectively.
• Judges and judicial officers are appointed non-politically and under strict rules
regarding tenure to help maintain independence from the executive government.
Judges are appointed according to their qualifications, personal qualities, and
relevant experience. A judge may not be removed from office except by the
attorney-general upon an address of the House of Representatives (Parliament)
for proved misbehaviour.
• Judges of the Supreme Court, Court of Appeal and High Court are titled
"Justice", while those of lower courts are titled "Judge". Judges in New Zealand
are addressed as "Your Honour" or "Sir/Madam". In Commonwealth tradition,
New Zealand judges do not use gavels. Instead, a judge raises his or her voice
(or stands up if necessary) to restore order in the courtroom.

10.

Dame Patricia Lee Reddy is a New Zealand
lawyer and businesswoman serving as the 21st
and current Governor-General of New
Zealand, in office since 2016.
Jacinda Kate Laurell Ardern is a New
Zealand politician who has served as the 40th
Prime Minister of New Zealand and Leader of
the Labour Party since 2017.
Nanaia Cybelle Mahuta is a New Zealand
politician who currently serves as the Minister
for Māori Development and Minister for
Local Government.

11.

David William Parker is a New Zealand
politician, a member of the New Zealand Labour
Party and a list MP. He acted as interim leader of
the Labour Party from September to November
2014. He serves as Attorney-General.

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History
• A Supreme Court was first established in 1841[18] followed by various lower
courts including District Courts and Magistrates' Courts, with the latter coming
into being in 1846. The Court of Appeal was set up in 1862 as the highest court in
New Zealand, but consisted of panels of judges from the Supreme Court. Appeals
could be taken from the Court of Appeal to the Privy Council. The District Courts
were abolished in 1925 but later re-established. In 1957 the Court of Appeal was
fully separated from the Supreme Court, by having its own judges.
• The Native Land Court was established in 1865 under the Native Lands Act, to
"define the land rights of Māori people under Māori custom and to translate those
rights or customary titles into land titles recognisable under European law". The
court was criticised for enabling the removal of Māori from their land, partly due
to holding proceedings in English and in cities far from Māori settlements, judges
with inadequate knowledge of Māori custom, and partly due to the laws it
enforced. Land law did not recognise that land was owned communally by hapū
(clans), and land ownership was put in the hands of a few people. In 1954 it was
renamed the Māori Land Court. In the 1980s the judiciary played a major role in
redefining and elevating the constitutional position of the Treaty of Waitangi.

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• In 1980, the Supreme Court was renamed the High Court
(as it called today), reflecting its intermediate role. In
October 2003, Parliament passed the Supreme Court Act
2003, establishing a new Supreme Court of New Zealand in
Wellington in July 2004, and simultaneously ending the
right of appeal to the Privy Council.
• The Privy Council dealt with only a small number of
appeals annually and was shared with some other
Commonwealth nations; the new Supreme Court allows for
a quicker appeals process as more cases are heard. In
October 2016, the Senior Courts Act consolidated in a
single statute the Judicature Act of 1908 and the Supreme
Court Act, which were repealed.

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Thank
you for
attention!