High Court of New Zealand
Encyclopedia
The High Court of New Zealand is a superior court
of New Zealand
. It was established in 1841 and known as the Supreme Court of New Zealand until 1980.
The High Court has general jurisdiction and responsibility, under the Judicature Act 1908, for the administration of justice throughout New Zealand
. Jurisdiction extends over both criminal and civil matters, and deals with cases at first instance or on appeal from other courts and certain tribunals.
(who is head of the Judiciary) and up to 55 other Judges (which includes the Judges of the Supreme Court
and Court of Appeal
). The administrative head of the court is known as the Chief High Court Judge. Associate Judges of the High Court (formerly known as Masters) 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
, Wellington
and Christchurch
, but also travel on circuit to Whangarei
, Hamilton
, Rotorua
, Gisborne
, New Plymouth, Napier
, Whanganui
, Palmerston North
, Nelson
, Blenheim
, Greymouth, Timaru
, Dunedin
, and Invercargill
. The Court also has registries in Masterton and Tauranga
.
considers that a penalty is warranted that exceeds the District Court's jurisdiction. It also hears appeals from summary cases.
and the Federal Court of Australia
to sit in New Zealand. Orders of the High Court sitting in Australia are enforced by the Federal Court of Australia and orders of the Federal Court sitting in New Zealand are enforced by the High Court.
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. It was established in 1841 and known as the Supreme Court of New Zealand until 1980.
The High Court has general jurisdiction and responsibility, under the Judicature Act 1908, for the administration of justice throughout New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. Jurisdiction extends over both criminal and civil matters, and deals with cases at first instance or on appeal from other courts and certain tribunals.
Composition and locations
The High Court comprises the Chief Justice of New ZealandChief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
(who is head of the Judiciary) and up to 55 other Judges (which includes the Judges of the Supreme Court
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
and Court of Appeal
Court of Appeal of New Zealand
The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court...
). The administrative head of the court is known as the Chief High Court Judge. Associate Judges of the High Court (formerly known as Masters) 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
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
and Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
, but also travel on circuit to Whangarei
Whangarei
Whangarei, pronounced , is the northernmost city in New Zealand and the regional capital of Northland Region. Although commonly classified as a city, it is officially part of the Whangarei District, administered by the Whangarei District Council a local body created in 1989 to administer both the...
, Hamilton
Hamilton, New Zealand
Hamilton is the centre of New Zealand's fourth largest urban area, and Hamilton City is the country's fourth largest territorial authority. Hamilton is in the Waikato Region of the North Island, approximately south of Auckland...
, Rotorua
Rotorua
Rotorua is a city on the southern shores of the lake of the same name, in the Bay of Plenty region of the North Island of New Zealand. The city is the seat of the Rotorua District, a territorial authority encompassing the city and several other nearby towns...
, Gisborne
Gisborne, New Zealand
-Economy:The harbour was host to many ships in the past and had developed as a river port to provide a more secure location for shipping compared with the open roadstead of Poverty Bay which can be exposed to southerly swells. A meat works was sited beside the harbour and meat and wool was shipped...
, New Plymouth, Napier
Napier, New Zealand
Napier is a New Zealand city with a seaport, located in Hawke's Bay on the eastern coast of the North Island. The population of Napier is about About 18 kilometres south of Napier is the inland city of Hastings. These two neighboring cities are often called "The Twin Cities" or "The Bay Cities"...
, Whanganui
Whanganui
Various places in New Zealand are called Whanganui:*Whanganui, a city at the mouth of the Whanganui River, also often spelled "Wanganui", Manawatu-Wanganui Region*Whanganui District, Manawatu-Wanganui Region*Whanganui Island, Waikato Region...
, Palmerston North
Palmerston North
Palmerston North is the main city of the Manawatu-Wanganui region of the North Island of New Zealand. It is an inland city with a population of and is the country's seventh largest city and eighth largest urban area. Palmerston North is located in the eastern Manawatu Plains near the north bank...
, Nelson
Nelson, New Zealand
Nelson is a city on the eastern shores of Tasman Bay, and is the economic and cultural centre of the Nelson-Tasman region. Established in 1841, it is the second oldest settled city in New Zealand and the oldest in the South Island....
, Blenheim
Blenheim, New Zealand
Blenheim is the most populous town in the region of Marlborough, in the north east of the South Island of New Zealand, and the seat of the regional council. It has a population of The area which surrounds the town is well known as a centre of New Zealand's wine industry...
, Greymouth, Timaru
Timaru
TimaruUrban AreaPopulation:27,200Extent:Former Timaru City CouncilTerritorial AuthorityName:Timaru District CouncilPopulation:42,867 Land area:2,736.54 km² Mayor:Janie AnnearWebsite:...
, Dunedin
Dunedin
Dunedin is the second-largest city in the South Island of New Zealand, and the principal city of the Otago Region. It is considered to be one of the four main urban centres of New Zealand for historic, cultural, and geographic reasons. Dunedin was the largest city by territorial land area until...
, and Invercargill
Invercargill
Invercargill 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. It lies in the heart of the wide expanse of the Southland Plains on the Oreti or New River some 18 km north of Bluff,...
. The Court also has registries in Masterton and Tauranga
Tauranga
Tauranga is the most populous city in the Bay of Plenty region, in the North Island of New Zealand.It was settled by Europeans in the early 19th century and was constituted as a city in 1963...
.
Criminal matters
The High Court deals with the most serious types of criminal offences before a Judge and jury, and can impose sentence in summary, judge alone, cases where the District CourtDistrict Courts of New Zealand
The District Courts of New Zealand are low-level trial courts in New Zealand. The District Courts can hear civil claims up to $200,000 and criminal cases involving relatively minor offences...
considers that a penalty is warranted that exceeds the District Court's jurisdiction. It also hears appeals from summary cases.
Civil matters
The Court generally deals only with those civil claims that exceed the jurisdiction of the District Court or other courts and tribunals, or where particularly complex issues are involved. This jurisdiction includes matters concerning admiralty, company law, bankruptcy, the administration of estates and trusts, property transfer, land valuation, and many other areas.Appellate function
Rights of appeal to the High Court exist against the decisions of the District Court, the Family Court, the Youth Court and the Environment Court and numerous administrative tribunals and regulatory bodies.Australian sittings
The Federal Court of Australia Act 1976 (Cth) and the Judicature Act 1908 (NZ) authorise the High Court to sit in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
to sit in New Zealand. Orders of the High Court sitting in Australia are enforced by the Federal Court of Australia and orders of the Federal Court sitting in New Zealand are enforced by the High Court.