Legal & Judicial System

Question 1

What is the hierarchal order of the courts within the judicial system of New Zealand from lowest to highest?

Answer 1

District Court
High Court
Court of Appeal
Supreme Court

Question 2

What does the doctrine of precedent mean?

Answer 2

The doctrine requires lower courts to observe the decisions of higher courts when adjudicating.

A court is not bound by the decisions of a court of equal stature.

Question 3

What are the roles of the individual courts?

Answer 3

District Court
-Tries Cat 1, 2 and Judge only Cat 3 offences

High Court

• Tries Cat 3 Jury and Cat 4 offences
• Hears appeals from the District Court

Court of Appeal
-Hears appeals from the High Court

Supreme Court
-Hears appeals from the Court of Appeal

Question 4

Appeals in criminal cases are heard by which courts?

Answer 4

The next highest court to the one that last heard the case

Question 5

What are the 4 categories of offences?

Answer 5

Category 1 - Fine only, e.g. fighting

Category 2 - Imprisonment less than 2 years or those punishable by a community based sentence or fine (or both) e.g. Intentional damage

Category 3 -Imprisonment for 2+ years with right to elect trial by Jury

Category 4 - Offences that must be heard in the High Court, e.g. Murder