New Zealand's court system

In our democracy the role of the courts is to administer justice. There are many aspects to this work—enforcing the criminal law, resolving civil disputes between citizens, upholding the rights of the individual and ensuring that government agencies stay within the law.

In New Zealand, there are a range of trial, appellate and specialist courts that operate from more than 70 courthouses and hearing centres. The hierarchy of these courts is illustrated in the diagram here.

There are four main levels in our mainstream court system. The first is the District Court | Te Kōti-ā-Rohe, the court with the highest volume of cases. Most cities and large towns have a District Court—it sits in 59 courthouses and hearing centres in New Zealand. The Family Court and Youth Court are divisions of the District Court.

Most criminal cases are heard in the District Court. Civil cases can also be heard in the District Court where the amount in dispute is less than $350,000. The District Court hears appeals from some tribunals including the Disputes Tribunal.

The next level in our court system is the High Court | Te Kōti Matua. It is the highest court in which cases can start. The most serious criminal cases are heard in the High Court. It has unlimited civil jurisdiction. The High Court also hears appeals from the decisions of courts and tribunals below it. The High Court is the trial court which deals with judicial review proceedings. These are proceedings where the courts are asked to review public decisions, and the decisions of public bodies (including the executive branch of government), to see whether they have acted within the powers given to them by the law and in a procedurally fair manner.

The Court of Appeal | Te Kōti Pīra, and the Supreme Court | Te Kōti Mana Nui, are the two most senior courts. They are appellate courts. If one of the parties to a court case is not satisfied with the result, then that case can be appealed to a higher court. A case in the District Court is normally appealed first to the High Court.[25] There are also specialist courts in our court system—the Employment Court, Environment Court, Māori Land Court, Coroners Court and the Court Martial.

Outside the court system there are a range of tribunals and authorities which play a critical role in our system of justice. Tribunals are similar to courts in that they determine people’s rights. But they differ in that they have more flexible, and usually more informal, procedures. In New Zealand, tribunals are generally administered separately from the courts. There is one exception which is the Disputes Tribunal which is a division of the District Court.

There are more than 40 tribunals and authorities in New Zealand of which 27 are administered or supported by the Ministry of Justice.

»  Tribunals – Ministry of Justice.

Footnotes

[25] There are three other appellate-only courts—the Māori Appellate Court (which hears appeals from the Māori Land Court), the Court Martial Appeal Court (which hears appeals from the Court Martial), and the Summary Appeals Court (which hears appeals from the disciplinary decisions of military officers).