Our court system
The courts conduct more than 1,600 criminal trials a year and hear more than 1,000 substantive civil cases between individuals or between individuals and the Government. The disputes resolved by the courts touch virtually all aspects of life in New Zealand.
Courts have a wide variety of functions. They include enforcing the criminal law, resolving civil disputes amongst citizens, upholding the rights of the individual, ensuring that government agencies stay within the law, and explaining the law.
The courts are one of the three branches of government, working alongside but independently of the Legislature (Parliament) and the Executive (Cabinet and Ministers outside Cabinet plus government departments).
As the courts are an independent branch of government there are constitutional principles on which the relationship between the judiciary and the Ministry of Justice are based.
Under 'the rule of law', Government and citizens (and other individuals) are bound by the law and all are accountable under the law. The decisions of the courts themselves similarly must be lawful and can be appealed or reviewed by higher courts for error.
An aspect of the rule of law is access to courts that are independent and impartial. Independence of the Judiciary exists to ensure that the individual judge when sitting is subject only to law.
Just as the Judiciary is independent from the other branches of Government, so each judge is independent from all other judges. Judges are therefore free to make their decisions without direction from any other judge, in the same way that they cannot be influenced in their decisions by the other branches of government or any other kind of pressure.
A judge can only be properly influenced by the law and the facts of the case as he or she finds them. In this way, decisions are impartial, fair, and decided according to established legal principles.
There are two main sources of law: statutes (the laws passed by Parliament) and 'the common law'. Common law, also known as case law, has been developed by judges over the centuries, and may be amended and developed by the courts to meet changing circumstances. Parliament may repeal, modify, or develop the common law by statute. The form of the common law is judicial decisions, such as those reported in the NZLRs.
A decision of a higher court is binding on lower courts and decisions of the Supreme Court, the final court of appeal, are binding on all other courts.
Cases that are legally similar will generally be decided in the same way, conforming with the decisions of a higher court. This is called the rule of precedent. It ensures consistency and certainty in how the law is applied.
The courts do not declare laws passed by Parliament to be invalid. While the courts must apply statutes, they may first need to interpret what they mean. Parliament sometimes disagrees with the courts' interpretation of a statute, and in those circumstances, it may amend the legislation to make its meaning clearer.
There are other important legal principles applied by the courts including the principle that everyone is equal before the law. This means that the law is applied 'without fear or favour'. It is a basic requirement of any system of justice that the courts must be seen to be impartial and fair.
The courts are generally open to the public so that the delivery of justice can be observed by the public. Subject to specific statutory exceptions, members of the public and the news media have the right to attend court hearings. This is referred to as the principle of 'open justice'. Open process maintains public confidence in the justice system.
Many of the rights the courts protect go back centuries. The Magna Carta in 1215, which restricted the power of the monarch, is still applied in New Zealand. Much of New Zealand's law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840.
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 account; that our society can be protected from law breakers; and that the State can be required always to act lawfully.
Structure of the court system
There are 4 main levels in our court system which are outlined below.
Te Kōti ā Rohe, the District Court
The first is Te Kōti ā Rohe, the District Court. Most large towns and cities have a District Court and it is the busiest court. The Family Court and Youth Court are part of the District Court. Most criminal cases are heard in the District Court. A large number of civil cases are heard in the District Court where the amount in dispute is less than $350,000.
Te Kōti Matua, the High Court
The next level in our court system is Te Kōti Matua, the High Court. It is the highest court in which cases can start. The most serious criminal and civil cases, where the amount in dispute is $350,000 or more, are heard in the High Court.
Most of the criminal cases in the High Court are decided by juries. The High Court also hears complex civil cases, administrative law cases and appeals from the decisions of courts and tribunals below it.
If one of the parties are not satisfied with the result of a court case, then that case can be appealed to a higher court. A case in the District Court is appealed to the High Court or where the law allows directly to the Court of Appeal.
Te Kōti Pīra, the Court of Appeal and Te Kōti Mana Nui, the Supreme Court
Te Kōti Pīra, the Court of Appeal and Te Kōti Mana Nui, the Supreme Court are the top two courts. They are the appeal courts.
The Court of Appeal has a key role in developing legal principle, correcting errors, and ensuring that the law is applied consistently. It hears civil and criminal appeals from cases in the High Court and, criminal appeals from jury trials in the District Court. If leave is granted the Court of Appeal can also hear criminal appeals against pre-trial rulings; appeals on questions of law from the Employment Court; and second appeals from decisions of other courts and tribunals.
Te Kōti Mana Nui, the Supreme Court, is the highest and final court. It only hears cases when the Supreme Court judges grant leave to appeal. The criteria for granting leave to appeal are set out in s 74 of the Senior Courts Act 2016.
The Supreme Court can agree to hear an appeal only where it involves a matter of general importance, a matter of general commercial significance or a significant issue relating to the Treaty of Waitangi, or where a substantial miscarriage of justice may have occurred.
Specialist courts
There are also specialist courts in our court system; the Employment Court, the Environment Court and the Māori Land Court. The Waitangi Tribunal, Coroners Court and the Courts Martial Appeal Court are also part of the system.
Find a PDF version of the 'New Zealand's court system' diagram for download here:
New Zealand's court system (PDF 121 KB)
