Politics of New Zealand - Judiciary

Judiciary

New Zealand has four levels of courts:

• The Supreme Court of New Zealand,
• The Court of Appeal,
• The High Court, and
• The District Courts (including the Youth Courts).

The Supreme Court was established in 2004, under the Supreme Court Act 2003, and replaced the Judicial Committee of the Privy Council in London as New Zealand's final court of appeal. The Court of Appeal hears appeals from the High Court on points of law. The High Court deals with serious criminal offences and civil matters, and hears appeals from subordinate courts.

The Chief Justice of New Zealand (the head of the New Zealand Judiciary) presides over the Supreme Court, and is appointed on the advice of the Prime Minister. The incumbent is Dame Sian Elias. All other superior court judges are appointed by the Governor-General on the advice of the Attorney-General, the Chief Justice, and the Solicitor-General. Some New Zealand Judges may sit on more than one court.

New Zealand law has three principal sources: English common law, certain statutes of the United Kingdom Parliament enacted before 1947 (notably the Bill of Rights 1689), and statutes of the Parliament of New Zealand. In interpreting common law, the courts have endeavoured to preserve uniformity with common law as interpreted in the United Kingdom and related jurisdictions. The maintenance of the Privy Council in London as the final court of appeal and judges' practice of following British decisions, even though, technically, they are not bound by them, both bolstered this uniformity. However, in October 2003, the House of Representatives passed legislation to end this right of appeal from 2004, and to establish the Supreme Court of New Zealand in Wellington, which began hearings in July 2004.