The Supreme Court of Tonga is the

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

Tonga Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...

. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the

Magistrates' Courts A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

Jurisdiction

The Supreme Court can hear appeals as of right from any judgment or decision of the Magistrates' Courts. The Supreme Court has original jurisdiction to try civil matters when the amount in dispute exceeds T$500 and in all matters of divorce, probate and admiralty. It can try any criminal offence that is indictable as well as summary conviction offences that carry a maximum penalty more than T$500 and/or two years' imprisonment. The Supreme Court cannot hear appeals from the

Land Court Land court or land claims court is a type of court which is charged with dealings over cases involving land titles and for disputes between landlords and tenants relating to agricultural tenancies. The exact field of jurisdiction varies by country ...

. Appeals from decisions of the Supreme Court may be heard by the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, which is the final court of appeal.

Structure

The Supreme Court is headed by the Lord Chief Justice of the Supreme Court; there are currently four active Supreme Courts in Tongatapu. The judges go on circuit to the other islands twice during the year. All Justices are appointed by the

Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...

; they are usually foreign nationals from

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

jurisdictions. Supreme Court Justices are appointed for two-year terms, which are renewable. The Lord Chief Justice is appointed for a 4 year term. In 2018, Laki Niu became the first Tongan to be a member of the Court in over a hundred years. In September 2020, 'Elisapeti Langi made history by becoming the first female member of the Judiciary in Tonga. In July 2022 Petunia Tupou became the first woman permanently appointed. As of July 2022 the members of the court are: * Lord Chief Justice Hon. Michael Hargreaves Whitten QC * Justice Petunia Tupou * Justice Nicholas Cooper

References

{{reflist *Jennifer Corrin-Care, Tess Newton and Don Paterson ''Introduction to South Pacific Law'' (Cavendish Publishing Ltd: London, 1999).

External links

Tonga Court System Information
paclii.org
The Tongan Judicial
Tonga Government Portal Law of Tonga Government of Tonga