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Chapter 8 The Courts in New Zealand

Chapter 8 The Courts in New Zealand. Privy Council. Court of Appeal. High Court. Other Specialist Courts. Family Court. District Court. Disputes Tribunal. Finis. Disputes Tribunal. Referee not necessarily legally qualified

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Chapter 8 The Courts in New Zealand

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  1. Chapter 8 The Courts in New Zealand

  2. Privy Council Court of Appeal High Court Other Specialist Courts Family Court District Court DisputesTribunal Finis

  3. DisputesTribunal Referee not necessarily legally qualified Hears disputes involving claims up $7500 ($12 000 with agreement) Informal – no legal representation allowed.

  4. District Court District Court Judges (legally qualified) Community Magistrates Justices of the Peace Juries (serious criminal cases) Civil Jurisdiction (District Court Judges) Claims for damages, etc. up to $200 000 Land to the value of $500 000 Similar limits in Admiralty Not legally qualified

  5. District Court Criminal Jurisdiction Summary offenses Indictable offenses tried summarily Preliminary proceedings on indictments Indictable offenses – serious offences DC Judge and jury DC Judges, JPs, Community Magistrates

  6. Family Court Family Court judges – qualified lawyers and are also judges of the District Court Jurisdiction over family matters – dissolution of marriage; adoption; property settlements

  7. High Court Chief Justice of New Zealand High Court Judges (All qualified lawyers with extensive court experience) Juries – criminal and defamation cases Original jurisdiction Civil – all matters but generally those of a more serious nature $200 000 + Criminal – only the most serious of crimes: murder, importation of class-A drugs, etc.

  8. High Court Appellate jurisdiction The High Court hears appeals from the District Court – civil appeals and appeals from summary criminal proceedings. Appeals from the Family Court and the Environment Court lie to the High Court.

  9. Court of Appeal • The Chief Justice of New Zealand The President of the Court of Appeal Judges of the Court of Appeal High Court Judges appointed to hear appeals in one of the Divisional Courts of the Court of Appeal • Jurisdiction is purely appellate – hears appeals from the • High Court • Employment Court • Maori Appellate Court

  10. Privy Council Judicial Committee of the Privy Council – sits in London. Senior British judges – Law Lords and holders and past holders of high judicial office. Hears appeals in cases where there is important point of law, from Her Majesty’s realms and territories overseas and a few Commonwealth Countries.

  11. The Environment Court Formerly the Planning Tribunal Established under Part XI of the Resource Management Act 1991 Environment Court Judges (qualified lawyers) Environment Commissioners Hears appeals and resolves disputes relating to resource consents and other matters under the Act. Appeals to the High Court on points of law only.

  12. Employment Relations Court of Appeal On a point of law The Employment Court By way of review Employment Relations Authority Mediation services

  13. Judges are qualified lawyers under the Chief Judge. Exclusive jurisdiction with the Employment Relations Authority over all employment matters. Officials with the power to investigate employment issues and resolve them. The parties are required at least to have attempted mediation through the: Set up to provide facilities for the settlement of employment disagreements. The Employment Court Employment Relations Authority Mediation services

  14. Court of Appeal The Maori Appellate Court The Maori Land Court

  15. The Maori Land Court Established under Te Ture Whenua or Maori Land Act Chief Judge; Deputy Chief Judge; Judges of Maori Land Court Exclusive jurisdiction over claims relating to Maori land. Appeal lies to: The Maori Appellate Court Three judges of the Maori Land Court Appeals from the Maori Land Court May hear a case stated by the High Court relating to Maori Land. Appeal lies to the Court of Appeal.

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