The High Court of New Zealand (Māori: Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry.
| High Court of New Zealand | |
|---|---|
| Te Kōti Matua o Aotearoa (Māori) | |
.svg) | |
| Established | 1841 |
| Jurisdiction | New Zealand  |
| Location | Auckland, Wellington, Christchurch and other main centres |
| Authorised by | Senior Courts Act 2016 |
| Appeals to | Court of Appeal |
| Appeals from | Various Tribunals |
| Number of positions | 39 Judges and 7 Associate Judges |
| Website | http://www.courtsofnz.govt.nz/ |
| Chief High Court Judge of New Zealand | |
| Currently | The Hon Justice Sally Fitzgerald |
| Since | 2023 |
The High Court was established in 1841.[1] It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980[2] to make way for the naming of an eventual new Supreme Court of New Zealand.[3]
The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals.
Composition and locations
edit
The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (which includes the Justices of the Supreme Court and the Justices of the Court of Appeal). The administrative head of the court is known as the Chief High Court Judge. Associate Judges of the High Court (formerly known as Masters up until May 2004) supervise the Court's preliminary processes in most civil proceedings, and have jurisdiction to deal with summary judgment applications, company liquidations, bankruptcy proceedings, and some other types of civil proceedings.
The High Court Judges and Associate Judges are based in Auckland, Wellington and Christchurch, but also travel on circuit to Whangarei, Hamilton, Rotorua, Tauranga, Gisborne, New Plymouth, Napier, Whanganui, Palmerston North, Nelson, Blenheim, Greymouth, Timaru, Dunedin, and Invercargill. The Court also has a registry in Masterton.
Jurisdiction
editCriminal matters
editThe High Court deals with the most serious types of criminal offences that exceed the District Court's jurisdiction. It deals with all category 4 offences, including murder, manslaughter and treason,[4] as well as any other offence where the accused is likely to be sentenced to life imprisonment or preventive detention. A High Court Judge may direct that a serious category 2 and 3 "protocol" offence, such as aggravated wounding with intent, kidnapping or sexual violation of a child, be transferred from the District Court to the High Court for hearing.[5] Most cases are heard before a Judge and jury, but may sometimes be heard before a Judge alone.
Civil matters
editThe Court has exclusive jurisdiction over all civil claims where the amount in dispute exceeds $350,000, and certain categories of proceedings. The categories of proceeding which can only be commenced in the High Court includes matters concerning admiralty, certain applications relating to land (such as seeking its transfer or caveats), company law including liquidations, bankruptcy, the administration of estates and trusts, and trade mark and patent infringement. For civil claims of up to $350,000, the High Court can have co-extensive jurisdiction with the District Court.
Cited cases
edit- Attorney-General v Rutherford [[1976] 1 NZLR 403][6]
- Awa v Independent News Auckland Ltd [[1997] 3 NZLR 590][6]
- Boyd Knight v Purdue [[1999] 2 NZLR 278][6]
- Daniels v Thompson [[1998] NZCA 3]; [[1998] 3 NZLR 22][6]
- Dehn v Attorney-General CA180/88 [[1989] NZCA 57]; [[1989] 1 NZLR 320][6]
- Dunlea v Attorney-General [[2000] NZCA 84]; [[2000] 3 NZLR 136]; (2000) 18 CRNZ 1; (2000) 5 HRNZ 707[6]
- Dunrae Manufacturing Ltd v CL North & Co Ltd [[1988] 2 NZLR 602]
- French v Auckland City Council [[1974] 1 NZLR 340]
- Gregory v Rangitikei [1995] 2 NZLR 208, (1994) 6 TCLR 199[7]
- Gulf Corporation Ltd v Gulf Harbour Investments Ltd [2005] NZCA 121 (25 May 2005); [2006] 1 NZLR 21; (2005) 6 NZCPR 412[7]
- Hawke's Bay Motor Co Ltd v Russell [[1972] NZLR 542][6]
- Howden v Ministry of Transport CA195/87 [[1987] NZCA 113]; [[1987] 2 NZLR 747]; (1987) 2 CRNZ 417[6]
- March Construction Ltd v Christchurch City Council [[1995] 6 TCLR 394][7]
- Markholm Construction Co Ltd v Wellington City Council [[1985] 2 NZLR 520][7]
- McCarthy v Wellington City [[1966] NZLR 481][6]
- Money v Ven-Lu-Ree Ltd [[1988] 2 NZLR 414], aff'd [[1989] 3 NZLR 129][8]
- Mouat v Clark Boyce [[1992] 2 NZLR 559][9]
- Queenstown Lakes District Council v Palmer CA83/98 [[1998] NZCA 190]; [[1999] 1 NZLR 549][6]
- R A & T J Carll Ltd v Berry [[1981] 2 NZLR 76]
- Rees v Sinclair [[1974] 1 NZLR 180][6]
- Van Soest v Residual Health Management Unit [[2001] 1 NZLR 179][6]
- Vickery v Waitaki International Ltd [[1992] 2 NZLR 58][7]
- Williams v Attorney-General [[1990] 1 NZLR 646][6]
- Wilson v New Brighton Panelbeaters Ltd [[1989] 1 NZLR 74][6]
Appellate function
editRights of appeal to the High Court exist against the decisions of the District Court (except for jury trials), the Family Court, the Youth Court and the Environment Court and numerous administrative tribunals and regulatory bodies.
Judges of the High Court
editThe following are the Judges of the High Court as of February 2024[update]:[10]
| Name | Appointed | Resident court | Notes |
|---|---|---|---|
| Sally Fitzgerald | 2016 | Auckland | Chief High Court Judge (20 December 2023 – present)[11] |
| Geoffrey Venning | 2002 | Auckland | Former Chief High Court Judge (1 June 2015 – 31 May 2020)[11] |
| Graham Lang | 2005 | Auckland | |
| Ailsa Duffy KC | 2007 | Auckland | |
| Edwin Wylie KC | 2008 | Auckland | |
| Timothy Brewer ONZM | 2010 | Auckland | |
| Mary Peters | 2010 | Auckland | |
| Mark Woolford | 2010 | Auckland | |
| Christian Whata | 2011 | Auckland | |
| Cameron Mander | 2013 | Christchurch | |
| Rachel Dunningham | 2014 | Christchurch | |
| Simon Moore KC | 2014 | Auckland | |
| Matthew Muir KC | 2014 | Auckland | |
| Anne Hinton KC | 2014 | Auckland | |
| Rebecca Edwards | 2015 | Auckland | |
| Helen Cull KC | 2016 | Wellington | |
| Mathew Downs | 2016 | Auckland | |
| Sally Fitzgerald | 2016 | Auckland | |
| Peter Churchman KC | 2017 | Wellington | |
| Pheroze Jagose | 2017 | Auckland | |
| Gerard van Bohemen | 2017 | Auckland | |
| Christine Grice CNZM | 2018 | Wellington | |
| Grant Powell | 2018 | Auckland | |
| Robert Osborne | 2018 | Christchurch | [12] |
| Ian Gault | 2018 | Auckland | [12] |
| Tracey Walker | 2019 | Auckland | [13] |
| Cheryl Gwyn | 2019 | Auckland | [14] |
| Jan‑Marie Doogue | 2019 | Christchurch | [15] |
| Melanie Harland | 2020 | Auckland | [16] |
| Andru Isac KC | 2020 | Wellington | [16] |
| Michael Robinson | 2021 | Auckland | [17] |
| Jonathan Eaton KC | 2021 | Christchurch | [18][19] |
| Layne Harvey | 2021 | Auckland | [20] |
| Kiri Tahana | 2022 | Auckland | [21] |
| Helen McQueen | 2022 | Wellington | [22] |
| Peter Andrew | 2022 | Auckland | [23] |
| David Johnstone | 2022 | Auckland | [24] |
| Andrew Becroft QSO | 2023 | Auckland | [25] |
| James Radich KC | 2023 | Wellington | [26] |
| Jane Anderson KC | 2023 | Auckland | [27] |
| Laura O’Gorman KC | 2023 | Auckland | [28] |
| Lisa Preston KC | 2023 | Christchurch | [29] |
| Dale La Hood | 2023 | Wellington | [30] |
| Karen Grau | 2024 | Wellington | [31] |
| Michele Wilkinson-Smith | 2024 | Auckland | [32] |
| Jason McHerron | 2024 | Wellington | [33] |
| David Boldt | 2024 | Wellington | [34] |
| Gregory Blanchard KC | 2024 | Auckland | [35] |
| Dani Gardiner | 2024 | Auckland | [36] |
Relationship with Australian courts
editThe Trans-Tasman Proceedings Act 2010 (NZ), the Trans-Tasman Proceedings Act 2010 (Aust) and the High Court Rules 2016 streamline the process for resolving civil proceedings with a trans-Tasman element. The Acts cover many matters including service, interim relief, hearing matters remotely and the enforcement of judgments of courts of the other country.
See also
edit- Judicial review in New Zealand, relating to the High Court
- Sheriffs of the New Zealand High Court
References
edit- ^ "Supreme Court Act 1841 (5 Victoriae 1841 No 1)". New Zealand Legal Information Institute (NZLII). Retrieved 8 May 2021.
- ^ "Judicature Amendment Act 1979". New Zealand Legislation. 30 January 2018. Retrieved 8 May 2021.
- ^ "History and role — Courts of New Zealand". www.courtsofnz.govt.nz. Retrieved 25 January 2017.
- ^ Criminal Procedure Act 2011, section 74(3).
- ^ Criminal Procedure Act 2011, sections 66 to 70.
- ^ a b c d e f g h i j k l m n McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.
- ^ a b c d e Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. [page needed]. ISBN 0-86472-555-8.
- ^ Gerbic, Philippa; Lawrence, Martin (2003). Understanding Commercial Law (5th ed.). LexisNexis. ISBN 0-408-71714-9.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. p. 246-247. ISBN 0-408-71770-X.
- ^ "The Judges and Associate Judges of the High Court". Courts of New Zealand. Retrieved 25 February 2024.
- ^ a b "Judicial appointments announced". The Beehive.
- ^ a b "Appointments of Judges of the High Court". Scoop. New Zealand Government. 6 December 2018.
- ^ "Appointment of Judge of the High Court". beehive.govt.nz. 18 April 2019. Retrieved 13 July 2019.
- ^ "Inspector-General of Intelligence and Security appointed a Judge of the High Court". The Beehive. Retrieved 8 June 2020.
- ^ "Appointment of Judge of the High Court". The Beehive. Retrieved 8 June 2020.
- ^ a b "Appointment of Judges of the High Court". The Beehive.
- ^ "Appointment of Judge of the High Court".
- ^ Parker, David (7 October 2021). "Judge and Associate Judge of High Court appointed". Beehive.govt.nz. Retrieved 7 October 2021.
- ^ Guildford, Jonathan (7 October 2021). "Prominent Christchurch lawyer Jonathan Eaton QC appointed High Court judge". Stuff. Retrieved 7 October 2021.
- ^ Parker, David (15 October 2021). "Judge of the High Court appointed". Beehive.govt.nz.
- ^ Parker, David (8 April 2022). "High Court Judge appointed". Beehive.govt.nz.
- ^ Parker, David (1 June 2022). "HAppointment of Judges of Court of Appeal and High Court". Beehive.govt.nz.
- ^ Parker, David (14 November 2022). "Appointment of Judge and Associate Judge of the High Court". The Beehive. Retrieved 12 December 2022.
- ^ Parker, David (2 December 2022). "Appointment of Judge of the High Court". The Beehive. Retrieved 20 December 2022.
- ^ Parker, David (17 March 2023). "Appointment of Judge of the Court of Appeal and Judge of the High Court". The Beehive. Retrieved 19 March 2023.
- ^ Parker, David (6 April 2023). "Appointment of Judge of the High Court and Associate Judge of the High Court". The Beehive. Retrieved 8 April 2023.
- ^ Parker, David (10 May 2023). "Appointment of High Court Judge". The Beehive. Retrieved 13 May 2023.
- ^ Parker, David (9 August 2023). "Appointment of High Court Judge". The Beehive. Retrieved 12 September 2023.
- ^ Parker, David (14 August 2023). "Appointment of High Court Judge". The Beehive. Retrieved 12 September 2023.
- ^ Parker, David (22 August 2023). "Appointment of High Court Judge". The Beehive. Retrieved 12 September 2023.
- ^ Collins, Judith (20 December 2023). "Judicial appointments announced". The Beehive. Retrieved 20 December 2023.
- ^ Collins, Judith (26 January 2024). "High Court Judge appointed". The Beehive. Retrieved 16 February 2024.
- ^ Collins, Judith (20 December 2023). "High Court Judge appointed". The Beehive. Retrieved 16 February 2024.
- ^ Collins, Judith (19 April 2024). "Judicial appointments announced". The Beehive. Retrieved 21 April 2024.
- ^ Collins, Judith (14 June 2024). "High Court Judge appointed". The Beehive. Retrieved 17 June 2024.
- ^ Collins, Judith (25 October 2024). "Judicial appointments announced". The Beehive. Retrieved 29 October 2024.