Annual statistics for the High Court 31 December 2020
High Court Criminal Jurisdiction - year ended 31 December 2020
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Under the Criminal Procedure Act 2011 (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 31 December 2020 and 31 December 2019.
Criminal Trials
149 new criminal trials were received by the High Court in 2020, a decrease of 3 cases (2%) compared to 152 new criminal trials in 2019.
These 149 new criminal trials were made up as follows
- Category 4 cases - 87 cases (58%)
- Protocol and other cases [2] - 49 cases (33%)
- Split, reactivated cases and re-trials directed [3] - 13 cases (9%)
A feature of the new business in the past year is the larger number and percentage of Category 4 cases received (87 cases - 58%), compared to the number of new Category 4 cases received in 2019 (84 cases - 55%) and in 2018 (76 cases - 43%).
As at 31 December 2020, there were 170 criminal trials on hand, an increase of 29 trials (21%) compared to 141 trials on hand at the same time last year. Of the 170 criminal trials on hand, 143 cases were awaiting trial and 27 cases were awaiting sentencing. This compares with 123 cases awaiting trial and 18 cases awaiting sentencing. The increase is due to the suspension of jury trials during the COVID-19 lockdown.
As a result of COVID-19, criminal trials were not able to be heard throughout the country between late March and the end of July. There were 46 criminal trials with a trial date scheduled in that period (requiring 140 weeks) that had to be vacated and new trial dates allocated. Forty three of the 46 criminal trials required new trial dates. In addition to High Court work already scheduled, 10 criminal trials were able to be re-scheduled into the second half of 2020 (21 weeks), with the remaining 33 given new trial dates from February to August 2021 (113 weeks).
Estimated hearing days for trials have also increased. As at 31 December 2020, the estimated hearing days for the 143 cases awaiting trial was 2173 days (an average of 15.2 days per trial) compared to 1689 days for the 123 cases awaiting trial (an average of 13.7 days per trial) at the same time last year.
The number of criminal trials disposed [4] in 2020 was 113 cases, a decrease of 13 cases (10%) compared to 126 cases in 2019. Of the 94 cases disposed, which excludes cases joined, 46 cases (49%) were disposed by guilty plea in 2020 compared with 55 (51%) in 2019.
The number of criminal trials held in 2020 was 55 cases, a decrease of 9 cases (14%) compared to 64 cases in 2019. Of the trials held in 2020, 7 cases (13%) were disposed by guilty plea on the day compared to 12 cases (19%) in 2019.
The median waiting time to trial as at 31 December 2020 was 406 days, an increase of 35 days (9%) compared to 371 days at the same time last year.
Criminal appeals
This analysis compares figures as at 31 December 2020 and 30 December 2019.
There were 1,362 criminal appeals filed in 2020, an increase of 28 cases (2%) compared to the 1,334 cases filed in 2019. There were 1,361 cases disposed of in 2020 compared to 1,333 cases in 2019, an increase of 28 cases (2%).
The increase in new appeals filed is mainly attributable to an increase in bail appeals. The increase in bail appeals may be related to the increase in the bail applications filed in the District Court as a result of cases having to be re-scheduled due to the COVID-19 lockdown.
As at 31 December 2020, the number of active criminal appeals (awaiting hearing or judgment) was 180, the same number as at the same time last year [5].
[1] See s66 CPA and the most recent Court of Trial Protocol.
[2] As well as protocol cases directed to be heard in the High Court, included are 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).
[3] 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.
[4] "Disposed cases" are defined having a final outcome, e.g. sentence, acquittal, dismissal, withdrawal, or joined to another case.
[5] The 31 December 2019 balance figure noted here is the one noted in the December 2019 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 31 December 2020
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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 31 December 2020 and 31 December 2019.
Civil Jurisdiction Overview
There were 2,173 new civil cases filed in 2020, a decrease of three cases (0.1%) compared to the 2,176 cases filed in 2019. There were 2,273 civil cases disposed of nationally, a decrease of 55 cases (2.4%) compared to the 2,328 cases disposed of in 2019.
The small decrease in filings was a result of decreases in filings for general proceedings and originating applications (total of 127 cases) against a big increase in filings of applications for judicial review (124 cases – see below).
As at 31 December 2020, the number of active civil cases (awaiting hearing or judgment) was 2,667, a decrease of 123 cases (4%) compared to 2,790 active civil cases in 2019.
High Court civil work was affected by COVID-19, particularly in the months March – July 2020, because cases involving witnesses were not able to proceed when the country was in lockdown at alert levels 3 & 4. In respect of general proceedings, filings reduced significantly in April and May, but increased back to normal levels from June so were only slightly lower than the previous year.
One hundred civil fixtures were adjourned as a result of COVID-19. Ninety-three were rescheduled and heard in 2020, five were rescheduled with dates in 2021 and two were rescheduled with dates in 2022, as a result of those cases not being ready to proceed earlier.
For civil appeals, filings decreased in the four months of lockdown, but disposals were higher in that period compared to the months in 2020 prior and after. For judicial reviews, filings decreased in the four months of lockdown but, while numbers increased in later months, this was mainly due to a large number filed in September in the Auckland registry as discussed below.
In the lockdown, there was a decrease in both filings and disposals of originating applications, compared to the rest of the year. Cases involving counsel only were still able to be dealt with during the lockdown, and for some case types, disposals increased in this period by using remote technology and the judicial resource that otherwise would have been used from criminal trials.
There were 1,056 general proceedings filed in 2020, a decrease of 56 cases (5%) compared to the 1,112 cases filed in 2019. The decrease is mainly attributable to the decrease in filings in the Auckland registry, a drop of 68 cases (12%) from 585 cases to 517 and, in the Christchurch registry, where filings decreased by 24 cases (19%) from 125 cases to 101, which again was partly attributable to a decrease of 14 cases related to Christchurch earthquake insurance or building defect matters. In the Wellington registry, filings remained the same at 140 cases.
There were 1,189 cases disposed in 2020 compared to 1,336 cases in 2019, a decrease of 147 cases (11%). The number of active general proceedings (awaiting hearing or judgment) was 1,994, a decrease of 113 cases (5%) compared to 2,107 active general proceedings in 2019.
The decrease in both filings and disposals is partly due to the impact from COVID-19 as there were less court activities during the period of lockdown nationally.
In the Christchurch registry alone, the number of active general proceedings decreased by 137 cases (35%) from 396 cases to 259. Of the cases on hand in Christchurch, 47% were earthquake-related cases (65% in 2019).
The median waiting time [6] to trial for active general proceedings was 391 days, a decrease of 15 days (4%) compared to 406 days in 2019.
Judicial Reviews
There were 296 judicial reviews filed in 2020, an increase of 124 cases (72%), compared to the 172 cases filed in 2019. There were 268 cases disposed in 2020 compared to the 176 cases disposed in 2019, an increase of 92 cases (52%).
The increase in new business and disposals is mainly attributable to a large increase in new filings in the Auckland registry from a group of applicants, which were subsequently disposed of in late 2020.
As at 31 December 2020, the number of active judicial reviews (awaiting hearing or judgment) was 147, an increase of 22 cases (18%) compared to 125 active judicial reviews at the same time last year.
Originating Applications
There were 821 originating applications filed in 2020, a decrease of 71 cases (8%), compared to the 892 cases filed in 2019.
There were 816 cases disposed in 2020, which is same as in 2019.
As at 31 December 2020, the number of active originating applications (awaiting hearing or judgment) was 526, a decrease of 32 cases (6%) compared to 558 active originating applications at the same time last year.
Active cases remain at a high level (201 cases) primarily due to the 193 cases filed under the Marine & Coastal Area (Takutai Moana) Act 2011 (MACA) before 3 April 2017 to meet a statutory deadline. Two cases filed under the previous legislation (Foreshore and Seabed Act), which are considered priority applications under MACA, have been heard in 2020 and are awaiting the judgment.
Two cases have been allocated defended fixtures in 2021, one in Napier and one in Tauranga. 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
There were 238 civil appeals filed in 2020, a decrease of 18 cases (7%) compared to the 256 cases filed in 2019. There were 238 cases disposed in 2020 compared to 257 cases in 2019, a decrease of 19 cases (7%).
As at 31 December 2020, the number of active civil appeals (awaiting hearing or judgment) was 140, a decrease of 8 cases (5%) compared to 148 active civil appeals at the same time last year.
Insolvency Proceedings
Over the past several years, there has been a decreasing trend in active insolvency proceedings and that trend continued again in 2020. There were 1,029 insolvency proceedings filed in 2020, a decrease of 519 cases (34%) compared to the 1,548 cases filed in 2019. There were 1,169 cases disposed in 2020 compared to 1,573 cases in 2019, a decrease of 404 cases (26%).
As at 31 December 2020, the number of active insolvency proceedings (awaiting hearing or judgment) was 320, a decrease of 131 cases (29%) compared to 451 active insolvency proceedings 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 31 December 2019 balance figures noted are those noted in the December 2019 year-end statistics. The Ministry updates its figures for 12 months, so changes can occur following last data entry or error correction.
Statistics