Week 4

Question 1

What is the highest court in NZs court hierarchy?

Answer 1

The Supreme Court

Question 2

What is the court hierarchy from highest to lowest?

Answer 2

1 - Supreme Court
2 - Court of Appeal
3 - High Court
4 - District Court

Question 3

If you want to appeal a district court decision, which court do you appeal to?

Answer 3

The High Court

Question 4

If a judge does not like what Parliament has said, e.g. that the legislation is retrospective, can the court refuse to enforce the Act?

Answer 4

If the wording is sufficiently clear, the court must enforce the law

Question 5

When courts are applying a section or sections in an Act do they have to look at how other cases applied that section(s), or are they free to ignore all the previous cases on that section(s)

Answer 5

The doctrine of precedent requires the courts to look at and follow other cases if those courts are above them in the court hierarchy.

Question 6

If a plaintiff comes before a court wanting a remedy, what happens if there is no statute that applies to the situation?

Answer 6

Depends,

If it is a common law or equitable cause of action, then the relevant law will be applied.

If no existing cause of action, or if falls outside an existing cause of action, then the court will be asked to create a new law/expand current law (Highly unlikely)

Question 7

Are there different types of case law?

Answer 7

Yes,

Common law, e.g. contract, negligence, defamation etc

Equity, e.g. fiduciary obligations, trusts etc.

Question 8

If the PM does not like a judge’s decision could the judge be remove as a judge?

Answer 8

No,

Under the separation of powers doctrine the PM is a member of the Executive. The Executive must follow the law and the PM cannot remove the judge for that decision.