Annual statistics for the High Court 30 June 2021
High Court Criminal Jurisdiction - year ended 30 June 2021
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On 1 July 2013, the procedural provisions affecting criminal trials changed with the commencement of most of the Criminal Procedure Act 2011 (CPA) provisions. Under the CPA, cases that are High Court-only offences (known as Category 4 cases and are generally murder/manslaughter/attempted murder charges) have their first appearance in the District Court and are then managed in the High Court from the second appearance onwards. The rest of the trials heard in the High Court are known as “protocol cases”. [1] Protocol cases are made up mainly of serious sexual, violence, drug and fraud offences. After a case review hearing in the District Court, a High Court Judge determines whether the protocol case should be heard in the High Court or District Court. If the case is ordered to be heard in the High Court, it is counted as a High Court case from that time. Cases are counted as ready for trial under the CPA once they have had a case review hearing or protocol determination. |
This analysis compares figures as at 30 June 2021 and 30 June 2020.
Criminal Trials
160 new criminal trials were received by the High Court in the past 12 months, the same number as in the previous 12 months.
These 160 new criminal trials were made up as follows
- Category 4 cases - 78 cases (49%)
- Protocol and other cases [1] - 66 cases (41%)
- Split, reactivated cases and re-trials directed [2] - 16 cases (10%)
Category 4 Cases
In recent years, the number and percentage of category 4 cases received has been increasing. However, in the past 12 months, the number and percentage of category 4 cases received (78 cases - 49%) decreased from the previous 12 months (95 cases - 59%).
Protocol Cases
The number and percentage of protocol cases received in the past 12 months (66 – 41%) increased from the previous 12 months (49 – 31%). This increase is attributable to the High Court directing more protocol cases to be heard in the High Court to assist the District Court with their increased volumes of criminal trials due to the COVID-19 lockdown.
There were 182 criminal trials on hand, an increase of 25 trials (16%) compared to 157 trials at the same time last year. 160 cases were awaiting trial and 22 cases were awaiting sentencing, compared to 134 cases awaiting trial and 23 cases awaiting sentencing at the same time last year. The increase is partly due to the suspension of jury trials during the COVID-19 lockdown in March – July 2020, as well as the increase in protocol cases directed to be heard in the High Court.
Criminal trials were suspended due to COVID-19 between late March and the end of July 2020. 46 criminal trials (requiring 140 weeks) had to be vacated. As at 30 June 2021, 9 of the 46 criminal trials (requiring 38 weeks) remain to be heard.
Estimated hearing days for trials have also increased. As at 30 June 2021, the estimated hearing days for the 160 cases awaiting trial was 2547 days compared to 1932 days for the 134 cases awaiting trial at the same time last year. The average days per trial has risen to 15.9, up from 14.4 days.
122 criminal trials were disposed of in the past 12 months [3], a decrease of 10 cases (8%) compared to 132 cases in the previous 12 months. 46 cases were disposed of by guilty plea in the past 12 months compared to 52 cases in the previous 12 months.
64 criminal trials were held in the past 12 months, a decrease of 5 cases (7%) compared to 69 cases in the previous 12 months. 6 cases (9%) were disposed of by guilty plea on the day compared to 12 cases (17%) in the previous 12 months.
There were 127 cases with a scheduled trial date, an increase of 11 trials compared with 116 cases at the same time last year. The median waiting time to trial [4] was 404 days, a decrease of 29 days (9%) compared to 433 days at the same time last year.
Criminal appeals
1,440 criminal appeals were filed in the past 12 months, an increase of 130 cases (10%) compared to the 1,310 cases in the previous 12 months. 1,441 cases were disposed of in the past 12 months, an increase of 103 cases (8%) compared to 1,338 cases in the previous 12 months.
The overall increase in new appeals filed is mainly attributable to an increase in bail appeals, with smaller increases in conviction and conviction & sentence appeals. The increase in bail appeals may still be related to increased bail applications filed in the District Court as a result of cases having to be re-scheduled due to the 2020 COVID-19 lockdown.
The number of criminal appeals on hand (awaiting hearing or judgment) was 216, an increase of 7 cases (3%) compared to 209 criminal appeals at the same time last year [5].
[1] Other cases include cases transferred to the High Court under s 70 of the Criminal Procedure Act 2011 and under s 86D of the Sentencing Act 2002 (3rd strike cases).
[2] Reactivated cases are cases that have had a re-trial directed by the Court of Appeal or Supreme Court. Re-trials directed refers to cases where a trial had a hung jury or were aborted and the High Court has directed a new trial.
[3] "Disposed cases" are defined having a final outcome, e.g. sentence, acquittal, dismissal, withdrawal, or joined to another case.
[4] "Waiting time to trial" is defined as the time from entry of the trial stage to the future scheduled trial date.
[5] The 30 June 2020 balance figure noted here is the one noted in the June 2020 financial year-end statistics. The Ministry updates its figures for 12 months so changes can occur following late data entry or error correction.
High Court Civil Jurisdiction – year ended 30 June 2021
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Note: Civil cases in this context include: General Proceedings, Judicial Reviews and Originating Applications. Insolvency cases are Bankruptcy cases (where an adjudication application has been filed) and Company Liquidations. Civil appeals are matters in the civil jurisdiction appealed to the High Court from either the District Court (including the Family Court), the Environment Court or a Tribunal. |
The analysis compares figures as at 30 June 2021 and 30 June 2020.
Civil Jurisdiction Overview
2,156 new civil cases were filed in the past 12 months, a decrease of 50 cases (2%) compared to 2,206 cases filed in the previous 12 months. 2,326 civil cases were disposed of nationally in the past 12 months, an increase of 108 cases (5%) compared to 2,218 cases in the previous 12 months.
The overall decrease in filings was a result of fewer general proceedings and originating applications (total of 136 cases) against an increase in filings of judicial reviews (86 cases – see below).
The number of civil cases on hand (awaiting hearing or judgment) was 2,561, a decrease of 215 cases (8%) compared to 2,776 civil cases at the same time last year.
High Court civil work was still affected by COVID-19 in July 2020 as cases involving witnesses were not able to proceed when the country was in lockdown at alert levels 3 & 4. In respect of general proceedings, there were fewer filings and disposals this year but, with disposals continuing to be larger in number than filings, the number of active cases continues to decrease.
For judicial reviews, the increase in filings this year is still being influenced by the large number filed in the Auckland registry in September 2020 as discussed below.
General Proceedings
1,065 general proceedings were filed in the past 12 months, a decrease of 48 cases (4%) compared to 1,113 cases filed in the previous 12 months. The decrease is mainly attributable to fewer filings in:
- the Auckland registry, a drop of 40 cases (7%) from 577 cases to 537;
- the Rotorua registry, a drop of 14 cases (54%) from 26 cases to 12; and
- the Wellington registry, a drop of 27 cases (18%) from 150 cases to 123.
In the Christchurch registry, filings increased by 7 cases (7%) from 98 cases to 105.
1,199 cases were disposed of in the past 12 months, a decrease of 35 cases (3%) compared to 1,234 cases in the previous 12 months.
The number of general proceedings on hand (awaiting hearing or judgment) was 1,937, a decrease of 130 cases (6%) compared to 2,067 general proceedings at the same time last year.
In the Christchurch registry alone, despite the slight increase in filings, the number of general proceedings on hand decreased by 122 cases (37%) from 334 cases to 212. Of the cases on hand in Christchurch, 44% were earthquake-related cases (56% at the same time last year).
The median waiting time [6] to trial for general proceedings with a scheduled fixture date was 403 days, a decrease of 15 days (4%) compared to 418 days at the same time last year.
Judicial Reviews
297 judicial reviews were filed in the past 12 months, an increase of 86 cases (41%), compared to the 211 cases filed in the previous 12 months. 296 cases were disposed of in the past 12 months, an increase of 114 cases (63%) compared to 182 cases in the previous 12 months.
The increase in new business and disposals is mainly attributable to a large increase in new filings in the Auckland registry in September 2020 from a related group of applicants. These filings were subsequently disposed of in late 2020.
The number of judicial reviews on hand (awaiting hearing or judgment) was 153, which is the same as at the same time last year.
Originating Applications
794 originating applications were filed in the past 12 months, a decrease of 88 cases (10%), compared to 882 cases filed in the previous 12 months.
831 cases were disposed of in the past 12 months, an increase of 29 cases (4%) compared to 802 cases in the previous 12 months.
The number of originating applications on hand (awaiting hearing or judgment) was 471, a decrease of 85 cases (15%) compared to 556 originating applications at the same time last year.
Under section 98 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, hapū of Ngāti Porou were given 2 years from 29 May 2019 to make applications under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) for protected customary activities. On 28 May 2021, 6 new cases were filed so there are now 204 active MACA cases.
Three cases filed under the previous legislation (Foreshore and Seabed Act), which are considered priority applications under MACA, have had hearings (2 in 2020 and 1 in 2021) and are awaiting the judgment.
Two cases have been allocated defended fixtures, one in 2021 in Tauranga and one in 2022 in Gisborne. The defended fixtures could also include a number of MACA cases that have overlapping claims with the two priority cases. For the other cases, court adjudication is not being actively pursued by the applicants as they are still addressing matters with the Crown.
Civil Appeals
240 civil appeals were filed in the past 12 months, an increase of 20 cases (9%) compared to 220 cases filed in the previous 12 months. 232 cases were disposed of in the past 12 months, a decrease of 25 cases (10%) compared to 257 cases in the previous 12 months.
The number of civil appeals on hand (awaiting hearing or judgment) was 127, a decrease of 9 cases (7%) compared to 136 civil appeals at the same time last year.
Insolvency Cases
Over the past several years, there has been a decreasing trend in insolvency cases on hand but that changed with an increase in the past 12 months. 1,269 insolvency cases were filed in the past 12 months, a decrease of 9 cases (1%) compared to 1,278 cases filed in the previous 12 months. 1,181 cases were disposed of in the past 12 months, a decrease of 122 cases (9%) compared to 1,303 cases in the previous 12 months.
The number of insolvency cases on hand (awaiting hearing or judgment) was 438, an increase of 88 cases (25%) compared to 350 insolvency cases at the same time last year. [7]
[6] Waiting time is measured from the date the case was deemed ready for hearing to the future hearing date.
[7] The 30 June 2020 balance figures noted are those noted in the June 2020 financial year-end statistics. The Ministry updates its figures for 12 months, so changes can occur following last data entry or error correction.
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