Thecourt system of Niue is a three-tiered judicial system established by theNiue Constitution Act in the island nation ofNiue. It consists of the High Court, which hasoriginal jurisdiction to hear allcriminal,civil andland matters, the Court of Appeal, which hasappellate civil and criminal jurisdiction, and thePrivy Council in England. Justices interpret the law subject to the Constitution of Niue, and if they determine a law violates the Constitution then the Constitution takes precedence. A system ofcommon law is used in the court system, and the Doctrine ofPrecedent ensures that lower courts follow the precedent of upper courts. The civil and criminal courts operate under anadversarial legal system, while the land courts operate under aninquisitive legal system.
The High Court of Niue hasoriginal jurisdiction in criminal, civil, and land matters. The court is divided into three divisions; criminal division, civil division, and land division. Furthermore, it has three types of officials; Judges, Commissioners, and Justices of the Peace. The main difference between the three isjurisdiction. One other notable difference is the ability to become Chief Justice, which is only a judge's power, and that judges haverehearing powers.
The current Chief Justice isCraig Coxhead.[1] The Chief Justice is chosen by theGovernor-General of New Zealand on advice from thecabinet of Niue.[2] As of 2014[update], the judges are Judge Wilson Isaac, Chief Justice Coxhead and Judge Sarah Reeves. The Civil and Criminal Commissioners are Mr. Desmond Hipa, Mrs. Sifaole Ioane and Mrs. Taumalua Jackson. The Land Commissioners are Mrs. Rheumatic Alapaki, Mrs. Maihetoe Hekau, Mr. Robin Hekau, Mr. Hale Ikitule, Mrs. Leliviika Liumaihetau and Mr. Saukia Tukuitonga. The Justices of the Peace are Ms. Paese McMoore and Mrs. Francis Lui-Valiana.[3]
Two Justices of the Peace must be present to exercise the same functions as one Commissioner. All three can not stay on past 68 years of age.[4] Jurisdiction based on each specific case is outlined in the extensive table below.[5]
The following jurists have served as chief justice:
| Ordinal | Officeholders | Term start | Term end | Time in office | Notes |
|---|---|---|---|---|---|
| 1 | Gaven Donne | 1975 | 1982 | 6–7 years | |
| 2 | Heta Hingston | 1982 | 2010 | 27–28 years | [6] |
| 3 | Patrick Savage | 2010 | 2018 | 7–8 years | |
| 4 | Craig Coxhead | 22 November 2018 (2018-11-22) | incumbent | 6 years, 140 days | [1] |
In criminal trials, the idea ofinnocent until proven guilty applies, and theburden of proof is on the prosecution. In 2014, 109 criminal cases were filed and the average duration of a case was 54 days.[3]
As the diagram on the right shows, there is a complex set of procedures in theNiue criminal court system.
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Sedition | s. 129 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83 andSch. 6 RHC |
| Murder | s. 133-138 | Guilty or Not Guilty | Life Imprisonment | Judge | Judge imposes sentence | Art. 38 Constitution |
| Manslaughter | s. 139 | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Duty to provide necessaries of life | s. 142 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Duty to provide necessaries of life | s. 142 | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Duty of parent or guardian to provide necessaries of life | s. 143 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Duty of Parent or Guardian to provide Necessaries of life | s. 143 | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Attempted Murder | s. 147 | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Conspiracy and inciting murder | s. 148 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Conspiracy and inciting murder | s. 148 | Not Guilty | 10 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Counselling Suicide | s. 149 | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Concealment of Birth | s. 150 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of up to 1 year | Rule 83(d) andSch. 6 RHC |
| Grievous Bodily Harm | s. 151 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Grievous Bodily Harm | s. 151 | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Actual Bodily Harm | s. 152 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d) andSch. 6 RHC |
| Omissions resulting in Bodily Harm | s. 153 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d) andSch. 6 RHC |
| Intentionally endangering persons on aerodromes | s. 154 | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Wantonly endanger persons on/near aerodromes | s. 155 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d) andSch. 6 RHC |
| Indecent Assault | s. 156 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Indecent Assault | s. 156 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Assault | s. 157 | Guilty or Not Guilty | 1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Cruelty to a Child | s. 157A | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Cruelty to a Child | s. 157A | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Resisting Constable in execution of his/her duty | s. 158 | Guilty or Not Guilty | 6 months or $40 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3) Amendment No. 5 RHC |
| Abduction of girl under 15 | s. 159 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Abduction of children | s. 160 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Rape | s. 162 | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Sexual Intercourse/ indecency with girl under 12 | s. 163 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Sexual Intercourse/ indecency with girl under 12 | s. 163 | Not Guilty | 10 years | Judge | Judge Imposes Sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Sexual Intercourse/ indecency with girl between 12 and 15 | s. 164 | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Sexual Intercourse with woman of unsound mind, imbecile or idiot | s. 165 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Procuring Miscarriage of woman or girl | s. 166 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Woman or girl procuring her own miscarriage | s. 167 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Supplying means of miscarriage | s. 168 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Bigamy | s. 169 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Bigamy | s. 169 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Buggery | s. 170 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Buggery | s. 170 | Not Guilty | 10 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Attempted Buggery and indecent assaults on males | s. 171 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Attempted Buggery and indecent assaults on males | s. 171 | Not Guilty | 5 years | Judge | Judge imposes Sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Incest | s. 172 | Guilty | 7years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Incest | s. 172 | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Indecent Acts | s. 173 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Indecent Documents | s. 174 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Brothels | s. 175 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Gaming Houses | s. 176 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Riot | s. 177 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Forcible Entry | s. 178 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Affrays | s. 179 | Guilty or Not Guilty | 1 year | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d) andSch. 6 RHC |
| Judicial Corruption in judicial capacity | s. 180A(1) | Guilty or Not Guilty | 14 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Judicial Corruption in official capacity | s. 180A(2) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Judicial Corruption in official capacity | s. 180A(2) | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Bribery of Judicial Officer in Judicial Capacity | s. 180B(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Requires confirmation by Chief Justice | Rule 84A RHC |
| Bribery of Judicial Officer in Judicial Capacity | s. 180B(1) | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Bribery of Judicial Officer in Official Capacity | s. 180B(2) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Bribery of Judicial Officer in Official Capacity | s. 180B(2) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Minister of Crown accepts bribe or is found corrupt | s. 180C(1) | Guilty or Not Guilty | 14 years | Judge. Prosecutor requires leave of a judge to prosecute. | Judge imposes sentence | Art. 38 Constitution |
| Person gives corruptly gives bribe to any person to influence Minister of Crown | s. 180C(2) | Guilty | 7 years | 1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Person gives corruptly gives bribe to any person to influence Minister of Crown | s. 180C(2) | Not Guilty | 7 years | Judge. Prosecutor Requires leave of Judge to prosecute. | Judge imposes sentence | Art. 38 Constitution |
| Member of L. Assembly accepts bribe | s. 180D(1) | Guilty | 7 years | 1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Member of L. Assembly accepts bribe | s. 180D(1) | Not Guilty | 7 years | Judge. Prosecutor requires leave of judge to prosecute. | Judge imposes sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Person offers bribe to member of L. Assembly | s. 180D(2) | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Law enforcement officer accepts bribe | s. 180E(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Law enforcement officer accepts bribe | s. 180E(1) | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Person offers bribe to law enforcement officer | s. 180E(2) | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Official accepts bribe | s. 180F(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Official Accepts Bribe | s. 180F(1) | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Person bribes official to influence act or omission | s. 180F(2) | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Corrupt use of information by official | s. 180G | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Corrupt use of information by official | s. 180G | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Perjury | s. 181 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Perjury | s. 181 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Fabricating evidence | s. 182 | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Conspiracy to pervert justice | s. 183 | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Breaking Prison | s. 184 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Breaking Prison | s. 184 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Escape | s. 185 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Rescue | s. 186 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC |
| Criminal Libel and Slander | s. 187 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3) Amendment No. 5 RHC |
| Theft | s. 188 and s. 192(a) | Guilty or Not Guilty | 3 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Theft | s. 188 and s. 192(b) | Guilty or Not Guilty | 1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Theft | s. 188 and s. 192(c) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Theft | s. 188 and s. 192(c) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Stealing Documents | s. 193(1) | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
| Stealing Documents (Testamentary instrument) | s. 193(2) | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Stealing Documents (Testamentary instrument) | s. 193(2) | Not Guilty | 10 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Receiving Stolen Goods | s. 194; s. 188 and 192(a) | Guilty or Not Guilty | 3 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Receiving Stolen Goods | s. 194; s. 188 and s. 192(b) | Guilty or Not Guilty | 1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Receiving Stolen Goods | s. 194; s. 188 and s. 192(c) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Receiving Stolen Goods | s. 194; s. 188 and s. 192(c) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Robbery | s. 195 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Robbery | s. 195(1,2) | Not Guilty | 10 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Assault with intent to commit robbery | s. 195(3) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Assault with intent to commit robbery | s. 195(3) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Conversion or Attempted Conversion of Motorcars | s. 196(1) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Conversion or Attempted Conversion of Motorcars | s. 196(1) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Possession of instrument for conversion of motorcars | s. 196(2) | Guilty or Not Guilty | 1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3) Amendment No. 5 RHC |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction | ||
| Breach of Trust | s. 197 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Breach of Trust | s. 197 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Menaces | s. 198 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Wit | cRH | Caft | s. 199 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Obtaining Credit by Fraud | s. 200 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC | ||
| Accusation of Criminal Offences | s. 201 | Guilty or Not Guilty | 5 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Conspiracy to defraud | s. 202 | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Obtaining Execution of Valuable Securities by Fraud | s. 203 | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Burglary | s. 204 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Burglary | s. 204 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Unlawful Entry of dwellinghouse with intent to commit criminal offence | s. 205(1) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Unlawful Entry of dwellinghouse with intent to commit criminal offence | s. 205(1) | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction | ||
| Unlawful entry of dwellinghouse without intent to commit offence | s. 205(2) | Guilty or Not Guilty | 3 months or $20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3) Amendment No. 5 RHC | ||
| Unlawful entering building, ship or aircraft for criminal purpose | s. 205A | Guilty | 4 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Unlawful entering building, ship or aircraft for criminal purpose | s. 205A | Not Guilty | 4 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Threats to kill or do bodily harm | s. 206 | Guilty or Not Guilty | 5 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Forgery | s. 207 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Forgery | s. 207 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Making counterfeit coin | s. 209 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Making counterfeit coin | s. 209 | Not Guilty | 7 years | Judge | Judge imposes sentence | Art. 38 Constitution | ||
| Lightening Coin | s. 210 | Guilty or Not Guilty | 2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d) andSch. 6 RHC | ||
| Uttering Counterfeit Coin | s. 211 | Guilty or Not Guilty | 6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC | ||
| Arson | s. 212 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC | ||
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Arson | s. 212 | Not Guilty | 5 years | Judge | Judge imposes sentence | Art. 38 Constitution |
| Wilful Mischief to property | s. 213 | Guilty or Not Guilty | 3 years if damage over $20 6 months for damage less than $20 | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year if over $20 or impose full sentence for less than $20 | Rule 83(d) andSch. 6 RHC |
| Provoking breach of peace | s. 214 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Profane, indecent and obscene language | s. 215 | Guilty or Not Guilty | 3 months or $40 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Disorderly Conduct in Public Places | s. 216 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Obstructing Public Place | s. 217 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Drunkenness | s. 218 | Guilty or Not Guilty | $20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Animal Trespass | s. 219 | Guilty or Not Guilty | $10 fine | 1Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Prostitution | s. 220 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Laying Poison | s. 221 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Polluting Water | s. 222 | Guilty or Not Guilty | 6 months or $100 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Sale of Unwholesome provisions | s. 223 | Guilty or Not Guilty | 1 month or $40 | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Unsanitary Premises | s. 224 | Guilty or Not Guilty | $20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Wilful Trespass | s. 225 | Guilty or Not Guilty | $10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Cruelty to Animals | s. 226 | Guilty or Not Guilty | 1 month or $20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 RHC |
| Offence | Section ofNA | Plea | Maximum Penalty | Jurisdiction | Sentence | Establishment of jurisdiction |
| Falsely Trading as a Incorporated Company | s. 227 | Guilty or Not Guilty | $200 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) andSch. 6 or 83(c) RHC |
| Wrongful Communicatio n/ retention/ copying of official information | s. 228A | Guilty or Not Guilty | 3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3) Amendment No. 5 RHC |
These tables describetraffic jurisdiction under theNiue Transport Act 1965 and its amendments. The shaded parts refer to a problem created by amendments to the Transport Act. [5]
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Use/permit use of vehicle without registration or license | s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Use/permit use of vehicle without reg. plates | s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Wilfully or negligently deface reg. plate | s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Unlicensed person who drives motor vehicle | s. 19(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Vehicles to keep left | s. 28 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Driver to give audible signal when overtaking | s. 29 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Overtaking involving risk | s. 30 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Right hand turn at intersection | s. 31 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Driver to yield right of way to vehicle approaching right | s. 32 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Unsafe vehicles | s. 33 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Dangerous riding on vehicles | s. 34 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Motor driver's visible signals | s. 35 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Parking of motor vehicle | s. 36 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Towing of motor vehicles and leading animals | s. 37 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Number of persons on motor cycles | s. 38 | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Safety Helmets for motor-cyclists | s. 38A | $100 (s. 103 NTA) | 1 Commissioner or 2 Justices | May impose sentence | May disqualify present or future drivers license: s. 44(1) | Yes: s. 44(2) |
| Causing death or bodily injury through reckless or negligent driving | s. 39(a) | Five years or $1500 fine or both | 1 Commissioner or 2 Justices:Article 2(2) 1975 Amendment of RHC | Can only impose sentence of 1 year or $200 fine | Shall disqualify for 1 year (may disqualify for longer) unless special reasons for Court not to. | Yes: s. 44(2) |
| Causing death or bodily injury by driving while intoxicated | s. 39(b) | Five years or $1500 fine or both | 1 Commissioner or 2 Justices:Article 2(2) 1975 Amendment of RHC | Can only impose sentence of 1 year or $200 fine | Shall disqualify for 1 year (may disqualify for longer) unless special reasons for Court not to. | Yes: s. 44(2) |
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Reckless or negligent driving in a public place | s. 40(1) (a) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving at a speed which is/might be dangerous to the public | s. 40(1) (b) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving a vehicle in a manner dangerous to the public or any person | s. 40(1) (d) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving under the influence of drink or drugs | s. 40(2) | 6 months or $1000 or both; sentence of comm- unity work | 1 Commissioner or 2 Justices | Can impose 6 months sentence or fine up to $200 | Can disqualify for period as Court considers appropriate | Yes: s. 44(2) |
| Careless driving | s. 40(3) | $500 fine | 1 Commissioner or 2 Justices | Can impose $200 fine | Can disqualify for period not exceeding 3 months | Yes: s. 44(2) |
| Failure to comply with direction of police when consider incapable of driving | s. 41 | $500 fine | 1 Justice or 2 Commissioners | Can impose $200 fine | Can disqualify for up to 3 months | Yes: s. 44(2) |
| Driver failing to comply with duty after accident where person is injured | s. 42 | 1 year or $500 fine | 1 Justice or 2 Commissioners | Can impose 1-year sentence or impose $200 fine | Yes: can disqualify for up to 3 months | Yes: s. 44(2) |
| Driver failing to comply with duty after accident where no person injured | s. 42(4) | 3 months or $500 fine | 1 Commissioner or 2 Justices | Can impose sentence or $200 fine | No | N/A |
| Driving with disqualified license | s. 45 | $500 | 1 Commissioner or 2 Justices | Can impose up to $200 fine | Yes: shall disqualify for 1 year or longer unless Court has special reasons related to the offence not to | Yes: s. 44(2) |
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Driving with excessive breath/ blood alcohol level | s. 45A | 6 months or $1000 or both or comm- unity work | 1 Commissioner or 2 Justices | Can impose sentence and up to $200 fine | Yes: may disqualify for period Court considers appropriate | Yes: s. 44(2) |
| Speeding | s. 47(1) | $100 fine | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Failure to have proper equipment and brakes | Part VII: ss. 49 to 68 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Warrant of vehicle fitness required | s. 73 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Wilfully or negligently removes, defaces, damages traffic sign | s. 80 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Public places to be kept free from obstructions | Part X: ss. 81 to 83 | $100 fine: under (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Rules relating to bicycles | Part XI: ss. 84 to 94 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices s. 103 NTA | Impose fine | No | N/A |
| No liquor on public transport | s. 95 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Speed limit for trucks carrying passengers | s. 96 | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Unlawful interference with vehicle | s. 100 | $500 | 1 Commissioner or 2 Justices | Impose fine up to $200 | No | N/A |
| Offence | Section ofNTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Failure to comply with directions given in relation toNTA | s. 102 (a) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Wilfully obstruct person doing duty underNTA | s. 102(b) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Knowingly makes false statement in any application underNTA | s. 102(f) | $100 fine: under s. 103 NTA (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
One commissioner or 2 Justices of the Peace have the jurisdiction to hear acivil action for which the recovery ofdebt ordamages does not exceed NZ $1500.[5] However, in practice, judges are the ones that generally hearcivil cases. In 2013–14, 22 civil cases were filed and the average duration of a case was 52 days.[3]
Commissioners and Judges have jurisdiction in the Land Court.[7] In 2013, 260 cases were filed, 150 were resolved, and the average duration of a case was 72 days.[3] On the right is a diagram of the structure and proceedings of a case in the Land Court.
The Court of Appeal is anappellate court that may hear appeals based on the High Court granting leave for cases of extraordinary importance, if the High Court certifies it relates to the interpretation of the constitution, or when the Court of Appeal grants special leave to appeal. Incriminal jurisdiction, a person convicted of acriminal offence may appeal if they are sentenced todeath,imprisonment for life, or to a fine or imprisonment that is not fixed by law.[5][8] The Court of Appeal meets approximately every three years. Very few cases are appealed to the Court of Appeal, often less than 3 a year, and of those on average a very small amount are overturned.[3]
The Sovereign in Council is officially the highest court in Niue. It is theKing of the United Kingdom, acting by and with the advice of theJudicial Committee of the Privy Council. Appeals may be made by the aggrieved party from the Court of Appeal, and it is up toHis Majesty's discretion whether to accept the case. This function is in reality one of theJudicial Committee of the Privy Council, which is the highest court in the Niue court system.[5] TheJudicial Committee has not yet heard a case from Niue, although they have heard many cases from the nearbyCook Islands.[9][10]