How The Legal System Works

New Zealand has inherited the British tradition of an independent judiciary, seen as a protection against unnecessary intrusion by the state into the lives of citizens. The Judicature Act 1908 and the Constitution Act 1986 contain a number of key provisions, designed to ensure judicial independence. Judges (including those who sit in the Court of Appeal) are appointed by the Governor-General, not the government.

Neither Court of Appeal nor High Court judges may be removed from office except by the Sovereign or by the Governor General on grounds of misbehaviour or incapacity upon an address of the House of Representatives. District Court judges may be removed from office by the Governor-General, but only on the grounds of inability or misbehaviour.

The salaries of judges are determined by the Higher Salaries Commission under the Higher Salaries Commission Act 1977. Salaries may not be diminished during a judge’s commission. No person may be appointed a judge unless he or she has held a practising certificate as a barrister or solicitor for at least seven years. The retirement age is 68, although former judges may be reappointed as acting judges for two years, or one year if the judge is 72 years of age when reappointed.

The Court System

At the head of the hierarchy of courts of New Zealand is the Judicial Committee of the Privy Council. Below this is the Court of Appeal followed by the High Court, and the District Courts. All courts exercise both criminal and civil jurisdiction.

The Judicial Committee Of The Privy Council

The Privy Council is the final appeal tribunal for New Zealand. Appeals to the Privy Council may be brought by leave of the court appealed from, or by special leave of the Privy Council itself. Leave is granted as of right from any final judgement of the Court of Appeal, where the matter in dispute amounts to the value of NZ$5,000 or more, or directly or indirectly involves some claim to property, or some civil right exceeding that value. The Privy Council has a discretionary power to grant special leave in criminal cases. Such leave is not often granted in criminal appeals from New Zealand.

The Court Of Appeal

The highest appeal court in New Zealand, the Court of Appeal, has existed since 1846 and is constituted by the Judicature Amendment Act 1957.

Its primary function is to settle the law of New Zealand and to reconcile conflicting decisions of the other courts. It hears and determines ordinary appeals from the High Court. Certain other proceedings in the lower courts may, by order of the High Court, be removed to the Court of Appeal. The court does, however, also have some original jurisdiction.

The High Court

The High Court of New Zealand was first established (as the Supreme Court) in 1841. It has all the jurisdiction which may be necessary for a court to administer the laws of New Zealand.

The High Court exercises jurisdiction in cases of major crimes, Admiralty proceedings, the more important civil claims, appeals from lower courts and tribunals, and reviews of administrative actions. The High Court also has inherent jurisdiction to punish for contempt of court. It consists of the Chief Justice and 32 other judges, as prescribed by the Judicature Act 1908.

Specialist Courts

These consist of the Employment Court, the Family Courts, Youth Courts, Maori Land Court and Maori Appellate Court.

Tribunals

Over 100 tribunals, authorities, boards, committees or related bodies exist to deal with other disputes, largely between individuals, on matters such as environmental planning, economic issues, scientific and technical matters, censorship, welfare and benefits, taxation, occupational licensing and discipline, activity licensing (e.g. shop trading hours) and company registration.

Jury Service

Every person between the ages of 20 and 65 years (inclusive) is eligible for jury service, with some exceptions. Those who are not appropriate to serve on a jury because of their occupations are ineligible. A person may also be excused if jury service would cause serious inconvenience a or hardship, or if it is against a person’s religious beliefs to serve on a jury. Also precluded are people with recent prison records and those who have been imprisoned for more than three years.