High Court of New Zealand
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The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) 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 civi ...
of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the
administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to d ...
throughout
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new
Supreme Court of New Zealand The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It re ...
. The High Court is a
court of first instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals.


Composition and locations

The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (which includes the Justices of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and the Justices of 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 ...
). The administrative head of the court is known as the Chief High Court Judge. Associate Judges of the High Court (formerly known as Masters up until May 2004) supervise the Court's preliminary processes in most civil proceedings, and have jurisdiction to deal with summary judgment applications, company liquidations, bankruptcy proceedings, and some other types of civil proceedings. The High Court Judges and Associate Judges are based in
Auckland Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The most populous urban area in the country and the fifth largest city in Oceania, Auckland has an urban population of about I ...
,
Wellington Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by ...
and
Christchurch Christchurch ( ; mi, Ōtautahi) is the largest city in the South Island of New Zealand and the seat of the Canterbury Region. Christchurch lies on the South Island's east coast, just north of Banks Peninsula on Pegasus Bay. The Avon Rive ...
, but also travel on circuit to Whangarei,
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilto ...
,
Rotorua Rotorua () is a city in the Bay of Plenty region of New Zealand's North Island. The city lies on the southern shores of Lake Rotorua, from which it takes its name. It is the seat of the Rotorua Lakes District, a territorial authority encomp ...
, Tauranga, Gisborne,
New Plymouth New Plymouth ( mi, Ngāmotu) is the major city of the Taranaki region on the west coast of the North Island of New Zealand. It is named after the English city of Plymouth, Devon from where the first English settlers to New Plymouth migrated. Th ...
, Napier,
Whanganui Whanganui (; ), also spelled Wanganui, is a city in the Manawatū-Whanganui region of New Zealand. The city is located on the west coast of the North Island at the mouth of the Whanganui River, New Zealand's longest navigable waterway. Whang ...
,
Palmerston North Palmerston North (; mi, Te Papa-i-Oea, known colloquially as Palmy) is a city in the North Island of New Zealand and the seat of the Manawatū-Whanganui region. Located in the eastern Manawatu Plains, the city is near the north bank of the ...
, Nelson,
Blenheim Blenheim ( ) is the English name of Blindheim, a village in Bavaria, Germany, which was the site of the Battle of Blenheim in 1704. Almost all places and other things called Blenheim are named directly or indirectly in honour of the battle. Places ...
, Greymouth, Timaru,
Dunedin Dunedin ( ; mi, Ōtepoti) is the second-largest city in the South Island of New Zealand (after Christchurch), and the principal city of the Otago region. Its name comes from , the Scottish Gaelic name for Edinburgh, the capital of Scotland. Th ...
, and
Invercargill Invercargill ( , mi, Waihōpai is the southernmost and westernmost city in New Zealand, and one of the southernmost cities in the world. It is the commercial centre of the Southland region. The city lies in the heart of the wide expanse ...
. The Court also has a registry in
Masterton Masterton ( mi, Whakaoriori), a large town in the Greater Wellington Region of New Zealand, operates as the seat of the Masterton District (a territorial authority or local-government district). It is the largest town in the Wairarapa, a ...
.


Jurisdiction


Criminal matters

The High Court deals with the most serious types of criminal offences that exceed the District Court's jurisdiction. It deals with all category 4 offences, including murder, manslaughter and treason, as well as any other offence where the accused is likely to be sentenced to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes fo ...
or preventive detention. A High Court Judge may direct that a serious category 2 and 3 "protocol" offence, such as aggravated wounding with intent, kidnapping or sexual violation of a child, be transferred from the District Court to the High Court for hearing. Most cases are heard before a Judge and jury, but may sometimes be heard before a Judge alone.


Civil matters

The Court has exclusive jurisdiction over all civil claims where the amount in dispute exceeds $350,000, and certain categories of proceedings. The categories of proceeding which can only be commenced in the High Court includes matters concerning admiralty, certain applications relating to land (such as seeking its transfer or caveats), company law including liquidations, bankruptcy, the administration of estates and trusts, and trade mark and patent infringement. For civil claims worth less than $350,000, the High Court can have co-extensive jurisdiction with the District Court.


Appellate function

Rights of appeal to the High Court exist against the decisions of the District Court (except for jury trials), the Family Court, the Youth Court and the Environment Court and numerous administrative tribunals and regulatory bodies.


Judges of the High Court

The following are the Judges of the High Court :


Relationship with Australian courts

The Trans-Tasman Proceedings Act 2010 (NZ), the Trans-Tasman Proceedings Act 2010 (Aust) and the High Court Rules 2016 streamline the process for resolving civil proceedings with a trans-Tasman element. The Acts cover many matters including service, interim relief, hearing matters remotely and the enforcement of judgments of courts of the other country.


See also

*
Judicial review in New Zealand __NOTOC__ Judicial review, under which executive actions of the Government are subject to review, and possible invalidation, is used in New Zealand. Judicial review is carried out by a judge of the High Court of New Zealand. Legislative action is ...
, relating to the High Court * Sheriffs of the New Zealand High Court


References


External links


The High Court of New ZealandJudicial Decisions Online
{{Law of New Zealand New Zealand court system 1841 establishments in New Zealand Courts and tribunals established in 1841 Auckland CBD