Annual statistics for the High Court 30 June 2020
High Court Criminal Jurisdiction - year ended 30 June 2020
| 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 30 June 2020 and 30 June 2019.
Criminal Trials
160 new criminal trials were received by the High Court this year, a decrease of 4 cases (2%) compared to 164 new criminal trials last year.
These 160 new criminal trials were made up as follows
- Category 4 cases - 95 cases (59%)
- Protocol and other cases [2] - 49 cases (31%)
- Split, reactivated cases and re-trials directed [3] - 16 cases (10%)
A feature of the new business in the past year is the continuing increase in the number and percentage of Category 4 cases received (95 cases - 59%), compared to the number of new Category 4 cases received last year (84 cases - 51%). For the year ending 30 June 2018, the number of new Category 4 cases received was 70 (42%).
As at 30 June 2020, there were 157 criminal trials on hand, an increase of 9 trials (6%) compared to 148 trials on hand last year. Of the 157 criminal trials on hand, 134 cases were awaiting trial and 23 cases were awaiting sentencing.
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. For this report (year ending 30 June 2020), 38 criminal trials that had a trial date scheduled between late March and the end of June had to be vacated and new trial dates allocated.
Estimated hearing days for trials have increased slightly. As at 30 June 2020, the estimated hearing days for the 134 cases awaiting trial was 1932 days (an average of 14.4 days per trial) compared to 1923 days for the 127 cases awaiting trial (an average of 15.1 days per trial) at the same time last year.
The number of criminal trials disposed[4] this year was 132 cases, an increase of 4 cases (3%) compared to 128 cases last year. Of the 105 cases disposed, which excludes cases joined, 51 cases (49%) were disposed by guilty plea this year compared with 55 (49%) last year.
The number of criminal trials held this year was 69 cases, a decrease of 7 cases (9%) compared to 76 cases last year. Of the trials held this year, 12 cases (17%) were disposed by guilty plea on the day compared to 16 cases (21%) last year.
As at 30 June 2020, there were 116 cases with a scheduled trial date and the median waiting time to trial [5] was 433 days, an increase of 50 days (13%) compared to 383 days last year (108 cases with a scheduled trial date).
Of the 38 criminal trials that had a trial date scheduled between late March and the end of June and had to be vacated, 23 of those cases were included in the 116 cases with a scheduled trial date. If those trials had been heard as planned, there would have been only 93 cases with a scheduled trial date as at 30 June 2020 and the median waiting time to trial for those 93 cases would have been 386 days.
Criminal appeals
This analysis compares figures as at 30 June 2020 and 30 June 2019.
There were 1,310 criminal appeals filed this year, an increase of 69 cases (6%) compared to the 1,241 cases filed last year. Both the Auckland and Christchurch circuits had an increase of 50 new cases last year, while the Wellington circuit had a decrease of 31 cases.
There were 1,338 cases disposed this year compared to 1,160 cases last year, an increase of 178 cases (15%). Both the Auckland and Christchurch circuits had increases in disposals last year, 114 and 86 cases respectively, while the Wellington circuit had a decrease of 22 cases.
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 prison’s remand population, which in June 2020 was at its highest level ever.
As at 30 June 2020, the number of active criminal appeals (awaiting hearing or judgment) was 209, a decrease of 33 cases (14%) compared to 242 active criminal appeals last year[6]. All circuits had a decrease, Auckland – 15 cases, Wellington – 6 cases and Christchurch – 12 cases.
[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 as having a final outcome, e.g. sentence, acquittal, dismissal, withdrawal, or joined to another case.
[5] "Waiting time to trial" is defined as the time from entry of the trial stage to the future scheduled trial date.
[6] The 30 June 2019 balance figure noted here is the one noted in the June 2019 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 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 30 June 2020 and 30 June 2019.
Civil Jurisdiction Overview
There were 2,206 new civil cases filed this year, an increase of 67 cases (3%) compared to the 2,139 cases filed last year. There were 2,218 civil cases disposed nationally, a decrease of 67 cases (3%) compared to the 2,285 cases disposed last year.
As at 30 June 2020, the number of active civil cases (awaiting hearing or judgment) was 2,776, a decrease of 69 cases (2%) compared to 2,845 active civil cases last year.
High Court civil work was affected by COVID-19, particularly in the months March – June 2020. In respect of general proceedings, although filings reduced significantly in April and May, the average over the four months was consistent with the previous eight months. Disposals decreased, primarily because cases involving witnesses were not able to proceed when the country was in lockdown at alert levels 3 & 4.
For judicial reviews and civil appeals, filing decreased in the four months of lockdown but disposals were similar to the early part of the year. Cases involving counsel only were generally still able to be dealt with during the lockdown. In the lockdown, there was a decrease in both filings and disposals of originating applications.
Cases involving historic abuse in state institutions
As at 30 June 2020, there are 507 cases on hand in the Wellington registry involving allegations of historic abuse in state institutions. Three cases have been allocated defended fixtures, two scheduled to be heard together in June 2021 and the 3rd being scheduled to be heard in July 2022. The balance of cases currently do not require management as the parties are not actively pursuing court adjudication at this stage.
Long-term trends
The decreasing trend in the number of general proceedings cases that were filed or disposed continued, although it was not as large a decrease has the previous 12 months. The decrease in filings was primarily due to the continuing reduction of earthquake cases in the Christchurch circuit, however, there was an increase in filings in the Auckland circuit.
Both new and disposed insolvency cases have been trending down for several years. With the impact on the economy from COVID-19, it is expected that new insolvency cases will be increase but it is unclear when this is to occur.
General Proceedings
General proceedings are the most representative type of civil dispute brought to court. The greatest percentage of general proceedings claims filed in the past 12 months were “Contractual Disputes” related cases, which made up 17% of the cases filed. Both "Estate Litigation” and " Other Trust Litigation" cases made up 11% of the cases filed.
There were 1,113 general proceedings filed this year, a decrease of 17 cases (2%) compared to the 1,130 cases filed last year. The decrease is mainly attributable to the decrease in filings in the Christchurch registry, a drop of 66 cases (40%) from 164 cases to 98, as significantly less cases related to Christchurch earthquake insurance or building defect matters were filed. In the Wellington registry, filings remained same at 150 cases, however in the Auckland registry, filings increased by 44 cases (8%) from 533 cases to 577.
There were 1,234 cases disposed this year compared to 1,286 cases last year, a decrease of 52 cases (4%). The number of active general proceedings (awaiting hearing or judgment) was 2,067, a decrease of 142 cases (6%) compared to 2,209 active general proceedings last year.
In the Christchurch registry alone, the number of active general proceedings decreased by 211 cases (39%) from 545 cases to 334. Of the cases on hand in Christchurch, 56% were earthquake-related cases (73% last year).
The median waiting time[7] to trial for active general proceedings was 418 days, an increase of 39 days (10%) compared to 379 days last year.
Judicial Reviews
There were 211 judicial reviews filed this year, an increase of 44 cases (26%), compared to the 167 cases filed last year. The Auckland circuit had an increase of 39 cases last year, but that was attributable to an increase of 38 cases in the Auckland registry, of which 21 cases were filed by the same applicant. The Christchurch circuit had an increase of 10 cases, while the Wellington circuit had a decrease of 5 cases.
There were 182 cases disposed this year compared to the 181 cases disposed last year, an increase of 1 case (0.6%).
As at 30 June 2020, the number of active judicial reviews (awaiting hearing or judgment) was 153, an increase of 20 cases (15%) compared to 133 active judicial reviews last year. The Auckland and Christchurch circuits had an increase of 16 and 9 cases respectively, while the Wellington circuit had a decrease of 5 cases.
Originating Applications
There were 882 originating applications filed this year, an increase of 40 cases (5%), compared to the 842 cases filed last year.
There were 802 cases disposed this year compared to the 818 cases disposed last year, a decrease of 16 cases (2%).
As at 30 June 2020, the number of active originating applications (awaiting hearing or judgment) was 556, an increase of 53 cases (11%) compared to 503 active originating applications last year.
The number of active cases remains high primarily due to the 193 cases filed under the Marine & Coastal Area (Takutai Moana) Act 2011 (MACA) in 2017 to meet the statutory deadline. Three cases filed under the previous legislation (Foreshore and Seabed Act), which are considered priority applications under MACA, have been allocated defended fixtures, two in 2020 and one in 2021. The defended fixtures will also include a number of MACA cases that have overlapping claims with the three priority cases. For the other cases, court adjudication is not being actively pursued by the applicants as they are still in negotiation with the Crown.
Civil Appeals
There were 220 civil appeals filed this year, a decrease of 49 cases (18%) compared to the 269 cases filed last year. Filings decreased in all three circuits, Auckland – 7 cases, Wellington – 36 cases & Christchurch – 6 cases. There were 257 cases disposed this year compared to 282 cases last year, a decrease of 25 cases (9%).
As at 30 June 2020, the number of active civil appeals (awaiting hearing or judgment) was 136, a decrease of 42 cases (24%) compared to 178 active civil appeals last year. The decrease was noted in all 3 circuits, Auckland – 29 cases, Wellington – 12 cases & Christchurch – 1 case.
Insolvency Proceedings
Over the past several years, there has been a decreasing trend in active insolvency proceedings and that trend continued again this year. There were 1,278 insolvency proceedings filed this year, a decrease of 432 cases (25%) compared to the 1,710 cases filed last year. There were 1,303 cases disposed this year compared to 1,842 cases last year, a decrease of 539 cases (29%).
As at 30 June 2020, the number of active insolvency proceedings (awaiting hearing or judgment) was 350, a decrease of 21 cases (6%) compared to 371 active insolvency proceedings last year.[8]
[7] Waiting time is measured from the date the case was deemed ready for hearing to the future hearing date.
[8] The 30 June 2019 balance figures noted are those noted in the June 2019 financial year-end statistics. The Ministry updates its figures for 12 months, so changes can occur following last data entry or error correction.
Statistics