Legal Insitutions 2 Flashcards
What is the hierarchy of NZ’s courts?
- Supreme Court of New Zealand
- Court of Appeals
- High Court
- District Court
- Tribunals
What does ‘intra vires’ mean?
For a court to act within its legal jurisdction.
What does ‘ultra vires’ mean?
When a court acts outside of its repetitive jurisdiction.
What is the statutory legislation for the District Court?
District Court Act 2016
What is the statutory legislation for the Court of Appeal, the Supreme Court and the High Court?
Senior Courts Act 2016
What is the Court of Appeals jurisdiction?
Can hear only appeals from:
- a judgement, decree, or order of the High Court.
- any court or tribunal under any other act that confers on the Court of Appeal jurisdiction and power to hear and determine an appeal.
- under the Criminal Procedure Act 2011.
What is the high court inherent jurisdiction?
- The jurisdiction that the Senior Courts Act 2016 provides to the High Court.
- The judicial jurisdiction that may be necessary to administer the laws of New Zealand
- The jurisdiction conferred on it by any other act.
What is ‘original jurisdiction’?
The jurisdiction of a court to hear and determine a case in its first instance of appearing in the courts.
What is ‘appellate jurisdiction’?
the power of a court to hear and determine a decision of a court or other decision maker lower in the judicial hierarchy.
What does the Universal Declearation of Human Rights UN 1948 entitle everyone to?
Everyone has the right to fair and competent legal systems.
Did New Zealand courts system (post 1840) start with both a common law and equity jurisdiction?
Yes.
What is an ‘adversarial process’ in courts?
- courts argue in a competition style, one side argues their point, other side argues against it. One side wins the other doesn’t. Judge only decides cases on the arguments made by the two sides. This is what NZ uses mainly in the courts.
What is an ‘inquisitorial process’ in courts?
Common in Europe (in some NZ tribunals). Judge is more active, investigates the case, doesn’t just decide cases on the arguments of both sides but on their own information gathered.
Who does the Governor-General appoint on the recommendation of the Prime Minister?
Chief of Justice
Do judges need to be lawyers and have held a practicing certificate for at least 7 years before they can be accepted as judges?
Yes
Are judges appointed or elected?
Appointed by Governor-General
Do judges have criminal immunity, civil immunity, or both?
Only civil.
Are Judges’ salaries protected?
Yes.
Can a judge be dismissed.
Yes, but never happened and very rare.
What are ‘courts of record’?
Courts that are recorded.
What does ‘contempt of court’ mean?
Anything that plainly tends to create a disregard of the authority of the courts.
What Act holds the legislation for punishment of those held in contempt of the court?
Contempt of Court Act 2019
Who deals with complaints about judges?
Judicial Conduct Commissioner
What are the three main principles of the Contempt of Court Act 2019?
A) promote and facilitate the administration of justice and uphold the rule of law.
B) Maintain and enhance public confidence in the judicial system.
C) Reform the law of contempt of court.
What act governs juries for criminal trials?
Juries Act 1981
Who advises the Governor-General on all appointment of judges apart from the Chief of Justice?
Attorney-General
Generally, how many judges sit on a district court matter?
One district court judge.
What are the four divisions of the district court?
- General
- Family Court
- Youth Court
- Disputes Tribunal
Under the District Court Act of 2016, what is the maximum civil jurisdiction (in monetary figures) the District Court can hear?
$350 000
Can the District Court hear matters relating to royal titles and wills?
No
What is the District Court’s appellate jurisdiction?
Limited. Can hear certain appeals from Disputes Tribunal and some other tribunals.
Can the District court hear cases relating to theft, aggravated robbery, sexual assaults, and some other criminal charges?
Yes
The district court does not have appellate jurisdiction for appeals of decisions made by Courts Magistrates or Justice of Peace Officers. True or False?
False
What is the legislation governing the Family Court Division?
Family Court Act 1980
Do District Court judges require extra training and skills to become a judge for the Family Court Division?
Yes.
What is the act governing the Youth Court Division?
Children’s and Young People’s Well-being Act 1989
What are the requirements to be a Youth Court Judge?
- Must already be a Family Court Judge
- Must undergo more training to then become a Youth Court Judge
What legislation governs the Disputes Tribunal Division of the District Court?
Disputes Tribunal Act 1988
Who presides over a Disputes Tribunal?
A referee, not an offical judge.
Do Disputes tribunals deal with criminal matters?
No, only civil
What is the Disputes Tribunal jurisdiction limited by?
- Value, only civil matters up to $30 000
- Subject matter, only certain specified matters (e.g contract claims)
What was the High Court known as before 1980?
Supreme Court
What two types of jurisdictions does the High Court have?
- Statutory
- Inherent
What is High Court’s criminal jurisdiction?
Very serious crimes, e.g murder