New Zealand's court system
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"Independent, fair and efficient courts are an important cornerstone in our democracy. Courts underpin social stability. They give confidence that our rights as citizens can be upheld, that our differences and conflicts can be resolved through law, that those who interfere with our rights can be held to accounts; that our society can be protected from law breakers, and that the State can be required always to act lawfully."
FROM THE COURTS OF NEW ZEALAND WEBSITE
In our democracy the role of the courts is to facilitate access to justice. There are many aspects to this work – administering the criminal law, resolving civil disputes between citizens, upholding the rights of the individual and ensuring that government agencies stay within the law.
In New Zealand, trial, appellate and specialist courts operate from more than 70 courthouses and hearing centres. The hierarchy of these courts is illustrated in the diagram here on the Courts of New Zealand website.
The Courts of New Zealand
There are four main levels in our mainstream court system.
The District Court | Te Kōti-ā-Rohe has the highest volume of cases and hears most criminal cases. Most cities and large towns have a District Court. The District Court sits in 58 courthouses and hearing centres in New Zealand. The Family Court and Youth Court are divisions of the District Court. Civil cases can be heard in the District Court where the amount in dispute is less than $350,000. The District Court hears appeals from some tribunals including the Disputes Tribunal.
The High Court | Te Kōti Matua is the next level in our court system. It is the highest court in which cases can start. Courts in which cases can start are referred to as “first instance courts”.
The High Court hears the most serious criminal cases, and has unlimited civil jurisdiction. The High Court also hears appeals from the decisions of courts and tribunals below it. The High Court deals with judicial review proceedings. These are proceedings in which the courts are asked to review decisions involving the exercise of public power (including by the executive branch of government), to ensure that the power is exercised lawfully and in a procedurally fair manner.
The Court of Appeal | Te Kōti Pīra, and the Supreme Court | Te Kōti Mana Nui, are the two most senior courts. They are appellate courts. If one of the parties to a court case is not satisfied with the result, then that case can be appealed to a higher court. A case in the District Court is normally appealed first to the High Court, unless it was heard by jury, in which case it proceeds straight to the Court of Appeal.[31]
There are also specialist courts – the Employment Court, Environment Court, Māori Land Court, Coroners Court and the Court Martial.
Tribunals: More than 100 tribunals and authorities[32] play a critical role in our system of justice. Tribunals are similar to courts in that they determine people’s rights. They have more flexible, and usually more informal, procedures. In New Zealand, tribunals are generally administered separately from the courts, except the Disputes Tribunal which is a division of the District Court.
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Footnotes
[31] There are three other appellate-only courts – the Māori Appellate Court (which hears appeals from the Māori Land Court), the Court Martial Appeal Court (which hears appeals from the Court Martial), and the Summary Appeals Court (which hears appeals from the disciplinary decisions of military officers).
[32] The Ministry of Justice administers 27 tribunals.