Foreword | 1. Introduction | 2. Our court system | 3. Key participants for media in the court | 4. Media in court | 5. Courts with special media provisions | 6. Access to court information | 7. Courts with special rules concerning access to information | 8. Ministry of Justice media contacts | 9. References | 10. Appendices
Courts resolve disputes between the state and individuals, or between individuals, through either the criminal justice system or the civil justice system.
Note: Tribunals listed are those administered by the Ministry of Justice.
The Supreme Court Act 2003 established a new court of final appeal in New Zealand. Formerly, this level of appeal had to be made to the Judicial Committee of the Privy Council in London.
The Supreme Court enables legal matters, including those relating to the Treaty of Waitangi, to be resolved with an understanding of New Zealand conditions, history and traditions.
Located in Wellington, the Supreme Court has up to six judges, including the Chief Justice.
The court considers applications for leave to appeal from decisions of the Court of Appeal and, in special circumstances, directly from the High Court. No case can proceed to the Supreme Court without the leave of that court.
The Court of Appeal is New Zealand’s intermediate appellate court.
Matters that are appealed to the High Court from a District Court can then be taken to the Court of Appeal if they are considered to be of sufficient significance to warrant a second appeal.
Located in Wellington (but regularly conducting hearings in Auckland and Christchurch), the Court of Appeal hears:
The High Court deals with the most serious types of criminal offences before a judge and jury. It can impose a sentence in a case where the District Court considers that a penalty is warranted which exceeds the District Court’s jurisdiction.
The High Court:
The District Courts Act 1947 sets the jurisdiction of the District Courts.
New Zealand’s 63 District Courts deal with both criminal and civil proceedings, as well as matters from the Family Court (see 5.4) and the Youth Court (see 5.5).
In the criminal jurisdiction the District Courts hear all lesser offences, and also conduct trials for some serious offences, such as rape and aggravated robbery.
Criminal proceedings are separated into those involving indictable and summary offences. An indictable offence can be heard before a judge and jury, or by a judge only, and a summary offence will be heard before a judge only. Indictable offences can appeal directly to the Court of Appeal (see 2.2). The High Court is the appellant court for District Court matters (see 2.3).
In the civil jurisdiction the District Courts can determine claims involving up to $200,000. Some claims involving less than $7,500 are dealt with by the Disputes Tribunals.
The Māori Land Court (Te Kooti Whenua Māori) hears matters relating to Māori land and administers the Taiapure-Local Fisheries Tribunal.
Registry offices for the seven Māori Land Court districts are located in Whangarei, Hamilton, Rotorua, Gisborne, Hastings, Whanganui and Christchurch.
There are also information offices in Auckland, Turangi and Wellington.
Sitting dates for the Māori Land Court can be found at www.courts.govt.nz/maorilandcourt/courtdates.htm.
The Environment Court is constituted by the Resource Management Act 1991.
Offices for the three Environment Court districts are located in Auckland, Wellington and Christchurch.
The Court considers the contents of regional and district statements and plans; and appeals arising out of applications for resource consent.
The Resource Management Act 1991 has a strong theme of public openness and participation in the decision making process. Hearings of the Environment Court are usually held in public, involve public interest questions and are often less formal than other courts.
Because of the complexity of the subject matter, oral decisions are seldom given. Decisions are usually reserved and a written judgment is delivered at a later date.
The Environment Court has a set of media guidelines that draws on the guidelines applicable to the Court of Appeal, the High Courts and District Courts, but with modifications appropriate to its jurisdiction.
These can be seen at www.justice.govt.nz/environment/in-court-media-guidelines-2005.html.
The Employment Court operates under the Employment Relations Act 2000.
Offices for the three Employment Court districts are located in Auckland, Wellington and Christchurch, with the Christchurch registry operating out of the Wellington office.
The court hears and determines cases relating to employment disputes. In particular it:
A Coroners Court is convened for an inquest hearing. At other times the coroner operates under the office of the coroner conducting inquiries rather than inquests.
A coroner is a judicial officer appointed by the Governor-General with the special role of inquiring into deaths of people in particular circumstances.
The coroner’s jurisdiction and powers are set out in the Coroners Act 2006. They can investigate the cause of death where the death appears to have been:
The coroner can also investigate where the death has occurred:
Coroners can order post-mortem examinations and hold inquests. They have the powers of District Court judges, exercising jurisdiction under the Summary Proceedings Act 1957, including the power to summon witnesses.
The Waitangi Tribunal is a commission of inquiry. It is charged with making recommendations on claims brought by Ma–ori relating to actions or omissions of the Crown that breach promises made in the Treaty of Waitangi.
The Tribunal comprises up to 16 members, who are appointed by the Governor-General on the recommendation of the Minister of Ma–ori Affairs. Tribunal members are chosen for their expertise in the matters that are likely to come before them.
The Ministry of Justice is responsible for the operation of a wide range of tribunals and specialist bodies. The Ministry’s Tribunals Unit is responsible for case and hearing management, judicial support, registry services, and other specialised services in support of these tribunals.
The Unit operates out of offices in Auckland and Wellington, although sittings of the various tribunals are held throughout the country.
Sittings of the Disputes Tribunal and the Tenancy Tribunal are held in District Courts.
Tribunals supported are the:
In addition, specific support services are provided for coroners and lay observers.