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Victims Information Guide

New Zealand's Court System

What do courts do?

Courts resolve disputes between the state and individuals or between individuals that may be either through the criminal justice system or the civil justice system.

The court is basically a judicial decision-making process. Judges consider the evidence on all sides of each case, interpret the law as it applies to that evidence, and determine judgments.

If there is no statute that covers a particular issue, then the law is derived from previous decisions made by courts. This body of decisions is called "common law".

The judiciary holds the balance between the power of the state and the rights and responsibilities of its citizens. More. Judges make decisions by interpreting the laws that were passed by Parliament. Being independent of the Executive and Parliament, Judges cannot be directed by them.

BALANCE OF POWER

The independence of the three branches of Government (Parliament, Executive, and Judiciary) helps keep each from exceeding their power, so ensuring the rule of law and protecting individual rights.

How are New Zealand's courts structured?

New Zealand's courts are structured in a hierarchy that makes the decisions of higher courts binding on lower courts. This means that there is no confusion about jurisdiction and that the rules of precedent are clear - a consistent approach will be taken to similar cases.

Diagram of New Zealand's court structure