Staff + Student LoginDirectory of Decisions
Courts |
Directory Index |
Coroners Court |
|
| Jurisdiction | The Coronial Service of New Zealand conducts investigations in order to identify the causes and circumstances of sudden and unexplained deaths, or deaths in special circumstances, and makes specified recommendations or comments. |
Governing legislation |
Coroners Act 2006 |
Administering body |
Ministry of Justice |
Contact details |
National Manager, Coronial Services of New Zealand, Private Bag 39819
Wellington Mail Centre, Lower Hutt 5045 Tel: 64 4 918 8800 Fax: 64 4 918 8820 Email: reception@justice.govt.nz |
Availability of decisions |
Recommendations 2007-2010 available from the web site, and from 2010 onwards on NZLII |
Court of Appeal |
|
| Jurisdiction | Hears appeals from cases originally heard in the lower courts. In some instances lower courts may ask the Court of Appeal for an opinion on matters before them. |
| Governing legislation | Established as a permanent court in 1958 following the 1957 amendment to the Judicature Act 1908. |
| Administering body | Ministry of Justice |
| Contact details | The Registrar, Court of Appeal, PO Box 1606, Wellington, New Zealand Tel: 64 4 914 3540 Fax: 64 4 914 3570 |
| Availability of decisions | Judicial Decisions Online (2003 onwards), searchable only; NZLII 1970 onwards. Case summaries are available from the the Courts of New Zealand website; supplied by Brookers Judgment Service (1986 onward). |
| Indexed by | BCL; BriefCase; LINX; TCL |
| Reported in | Decisions may be reported in a wide range of general or subject specific Law Reports |
| Library holdings of unreported decisions |
HU (selected decisions from 1990 onward); DUL (selected decisions from 1977 onward); CUL (selected decisions from 1981 onward); AL (1962-65; 1971 onward); WL (1984 onward); CL (1984 onward) |
District Courts |
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| Jurisdiction | The base Court in the New Zealand Court hierarchy. The majority of civil and criminal cases commence in the District Courts. Civil and criminal jurisdiction of the District Courts is fully set out in the Act. |
| Governing legislation | Established by the District Courts Act 1947. This Act was formerly called the Magistrates' Courts Act 1947. The name was changed by an amendment act in 1979. |
| Administering body | Ministry of Justice |
| Contact details | See Location of New Zealand Courthouses on the Ministry's website for the addresses of each court. |
| Availability of decisions | Supplied by Courts or selected decisions can be obtained from Brookers Judgment Service |
| Indexed by | BCL; BriefCase; LINX |
| Reported in | DCR; FRNZ; ELRNZ; MCD (1939 - 1979); MCR (1906 - 1952). |
| Library holdings of unreported decisions |
HU (Small number of selected decisions); WL (reserved decisions 1994 onward); DUL (small number of decisions) |
| Note | Known as Magistrates' Courts prior to 1980. |
Employment Court |
|
| Jurisdiction | Has jurisdiction over most employment law matters, including civil matters relating to employment contracts. Hears appeals from the Employment Relations Authority |
| Governing legislation | Employment Relations Act 2000 |
| Administering body | Department of Labour |
| Contact details | See Employment Relations Service website |
| Availability of decisions | Judgments are available on the Court's website, (mid-2006 onwards) and NZLII (2000 onwards). A list of recent cases is available from the Employment Institutions Information Centre, together with online ordering facility. Supplied by the Employment Institutions Information Centre; Brookers Judgment Service (from 1989). |
| Indexed by | BCL; BriefCase; Employment Cases Summary; LINX; TCL |
| Reported in | ERNZ; HRNZ; NZELC; NZILR (1987-1990); Judgments, etc. of the Arbitration Court of New Zealand (1979-1986); Judgments, etc. of the Industrial Court of New Zealand (1976-1978). |
| Library holdings of unreported decisions |
HU (1990-1992); DUL (1991 onward); CUL (1991 onward); AL (1991 onward); WL (1991-1992 onward) |
| Note | Supersedes the Labour Court (1987-1991) and the Arbitration Court (1980-1987). Decisions of these are also available from the Employment Institutions Information Centre |
Environment Court te Kooti Taiao o Aotearoa | |
| Jurisdiction | Matters relating to land and water use and the activities of industry and public works. See Environment Court homepage |
| Governing legislation | Established under the Resource Management Act 1991, its jurisdiction is also governed by various other Acts. |
| Administering body | Tribunals Unit, Ministry of Justice |
| Contact details | Tribunals Unit, Private Bag 32-001, Panama Street, Wellington 6146 Tel: +64 4 462 6660 Fax: + 64 4 462 6686 Email: tribunals@justice.govt.nz |
| Availability of decisions | NZLII has Environment Court decisions 1996 onwards as well as those for the Planning Tribunal 1978-1996 Decisions are also available free from rma-net between the hours of 7.00pm and 9.00pm only for current University of Waikato students and staff . Please see Law Librarian or Law staff for ID and password. rma-net contains all Environment Court decisions released to date under the Resource Management Act 1991. |
| Indexed by | BCL; BriefCase; LINX - selected, from 2000 onwards; New Zealand Environmental Digest; Recent Decisions; Resource Management Handbook |
| Reported in | ELRNZ; NZRMA |
| Library holdings of unreported decisions |
HU (1997 onward); CUL (1996 onward (incomplete)); AL (1997 onward); CL (1997 onward); DUL (1996 onward) |
| Note | Formerly the Planning Tribunal |
Family Court |
|
| Jurisdiction | A division of the District Courts. Has jurisdiction in relation to a number of Acts dealing with family law. Hearings are private and run in a less formal manner, by judges skilled in this sensitive area of law. |
| Governing legislation | Family Courts Act 1980 |
| Administering body | Ministry of Justice |
| Contact details | See Family Court of New Zealand website |
| Availability of decisions |
Decisions of the Family Court are often confidential and names may be suppressed. Persons wanting access to decisions that
have not been released need to prove to the Court Registrar that they have a proper interest in the case: contact the
District Court. Decisions (2005 onwards), and Practice Notes are availble from the Family Court website. Also available via Brookers Judgment Service (1989 onward). |
| Indexed by | BCL; BriefCase; LINX |
| Reported in | FRNZ; NZFLR |
| Library holdings of unreported decisions |
HU (Small number of selected decisions); CL (1991 onward) |
High Court |
|
| Jurisdiction | Given wide jurisdiction by s16 of the Judicature Act 1908 and many other Acts. Any case outside of the jurisdiction of the District Court may be commenced in the High Court. Hears appeals from the District Court and various other bodies. |
| Governing legislation | Established by the Judicature Act 1908 |
| Administering body | Ministry of Justice |
| Contact details | Ministry of Justice, PO Box 180, Wellington, NZ Tel: 64 4 918-8800 Fax: 64 4 918-8820 |
| Availability of decisions | NZLII (1963 onwards); Judicial Decisions Online (2003 onwards), searchable only. See also Judicial decisions of public interest. |
| Indexed by | BCL; BriefCase; LINX; TCL |
| Reported in | Decisions may be reported in a wide range of general or subject-specific Law Reports |
| Library holdings of unreported decisions |
HU (selected decisions from 1990); DUL (selected decisions from 1977); AL (1983 onward); WL (1983 onward); CL (1983 onward) |
| Note | Called the Supreme Court prior to 1980. |
Māori Appellate Court |
|
| Jurisdiction | Hears appeals from the Māori Land Court. Three or more judges from the Māori Land Court act as the Māori Appellate Court. See also the Māori Land Court website. |
| Governing legislation | Te Ture Whenua Māori Act 1993 |
| Administering body | Ministry of Justice |
| Contact details | For the address of the eight district offices of the Māori Land Court see the Māori Land Court page |
| Availability of decisions | NZLII (1962 onwards). Can be ordered through Brookers Judgment Service |
| Indexed by | BriefCase ; LINX (1986-1997) |
| Reported in | Māori Appellate Court Decisions;
NZAR;
Tai Whati (1958-1985). Summary notes on selected decisions are available on the internet in the Māori Law Review |
| Library holdings of unreported decisions |
HU (1986 onward); AL (1986-1989; 1993-1995; 1997); CL (1959 - 1983) |
| Note | Originally established under the Māori Land Court Act 1894; its jurisdiction has been governed by a number of Acts since that time. |
Māori Land Court : Te Kooti Whenua Māori |
|
| Jurisdiction | Deals with matters relating to land held under Māori Land title. Keeps records of ownership, title and encumbrances for Māori freehold land. See also the Māori Land Court website |
| Governing legislation | Te Ture Whenua Māori Act 1993; also has powers under various other Acts. |
| Administering body | Ministry of Justice |
| Contact details | For the addresses of the eight district offices see the Māori Land Court page. |
| Availability of decisions | NZLII (1993 onwards). Available directly from the Māori Land Court website, from the District office that dealt with the case, or from Brookers Judgment Service. |
| Indexed by | BriefCase; Tai Whati (1958-1985) |
| Reported in | NZAR ; Tai Whati (1958-1985); Fenton's
Important Judgments (1866-1879) Summary notes on selected decisions are available on the Internet in the Māori Law Review. |
| Library holdings of unreported decisions |
HU (Māori Land Court Minute Books (1865-1975 Aotea, Tai Tokerau, Takitimu, Tai Rawhiti, Tai Wai Pounamu, Waiariki and Waikato-Maniapoto courts); selected decisions of the Court; Tai Whati (1958-1985); CUL Tai Whati (1958-1985); CL (1959-1969) |
| Notes | Originated in the Native Lands Act 1862 but was formally established as the Native Land Court under the
Native Lands Act 1865 (repealed 1873). One of its main functions was to register land held by Māori under customary title
in title that was understood in English law. The jurisdiction of the Court has been governed by much legislation since this. The main Acts include: Native Lands Act 1869 (repealed 1873);Native Lands Act 1866 (repealed 1867); Native Lands Act 1867 (repealed 1873); Native Lands Act 1873 (repealed 1886); Native Land Court Act 1880 , (repealed 1886); Native Land Court Act 1886 (repealed 1894) Native Land Administration Act 1886 (repealed 1888); Native Land Act 1888 (repealed 1894); Native Land Court Act 1894 (repealed 1909); Native Land Act 1909 (repealed 1931); Native Land Act 1931 (repealed 1954); Māori Affairs Act 1953 (repealed 1993); currently Te Ture Whenua Māori Act 1993. |
Privy Council |
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| Jurisdiction | Until 2004, the final appeal court for New Zealand cases; this role assumed as at 1 January 2004 by the Supreme Court of New Zealand. |
| Governing legislation | Jurisdiction was established in New Zealand by British statutes which are currently in force in this country via the Imperial Laws Application Act 1988. Relevant parts of this legislation were repealed, as from 1 January 2004, by the Supreme Court Act 2003. |
| Administering body | House of Lords |
| Contact details | Judicial Office of the Privy Council, 68 Whitehall, London SW1A2AT Tel: (0044) 171-270 0485 |
| Availability of decisions | Judgments since November 1996 available from the House of Lords website; other sources with variable chronological coverage: BAILLI , Lexis database. |
| Indexed by | BCL; BriefCase; Lexis; LINX |
| Reported in | NZPCC (1840-1932). Decisions may be reported in a wide range of general or subject-specific Law Reports |
| Library holdings of unreported decisions |
HU (selected decisions); AL (1985 onward); CL (electronic format 1988 onward) |
| Note | The Privy Council was originally a group of advisers drawn from the King's Council, a body through which the monarch governed. Its power to hear cases arising in England was abolished in 1641, but it continues to have appellate jurisdiction in some former British colonies, hence its place in the New Zealand court system. |
Supreme Court |
|
| Jurisdiction | Since January 2004, the final appeal court for New Zealand cases (see Privy Council). Hears appeals on decisions of the Court of Appeal. |
| Governing legislation | Supreme Court Act 2003 |
| Administering body | Ministry of Justice |
| Contact details | Supreme Court of New Zealand Registry, PO Box 61, Wellington Tel: 64 4 918 8222 Fax: 64 4 914 3560 General enquiries: reception@justice.govt.nz |
| Availability of decisions | All Supreme Court decisions are available in full text through Judicial Decisions Online, the Ministry of Justice's searchable database. NZLII has decisions 2004 onwards. Selected case summaries are available from the
Courts of New Zealand website. See also Judicial Decisions Online (2003 onwards), searchable only. |
| Indexed by | BCL; BriefCase; Lexis; LINX |
| Reported in | Decisions may be reported in a wide range of general or subject specific Law Reports |
| Library holdings of unreported decisions |
AL (2004 onward); WL (2004 onward); CL (2004 onward) |
Youth Court |
|
| Jurisdiction | A division of the District Court, the Youth Court deals with offenders between the ages of 14 and 16 years of age, on all cases except murder and manslaughter, or when the offender elects to have a jury trial. Nevertheless, these cases are given a preliminary hearing in the Youth Court where the judge determines whether or not the case should go ahead. |
| Governing legislation | Children, Young Persons, and their Families Act 1989 |
| Administering body | Ministry of Justice |
| Contact details | Chief Judges' Chambers, PO Box 10-167, Wellington Tel: 64 4 914 3446 General enquiries: reception@justice.govt.nz |
| Availability of decisions | NZLII 2005 onwards |
| Indexed by | BriefCase; LINX |
| Reported in | FRNZ; NZFLR |
