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High Court of New Zealand

From Wikipedia, the free encyclopedia
Superior court of New Zealand

High Court of New Zealand
Te Kōti Matua o Aotearoa (Māori)
Established1841
JurisdictionNew Zealand
LocationAuckland,Wellington,Christchurch and other main centres
Authorised bySenior Courts Act 2016
Appeals toCourt of Appeal
Appeals fromVarious tribunals
Number of positions39 judges and 7 associate judges
Websitehttp://www.courtsofnz.govt.nz/
Chief High Court Judge of New Zealand
CurrentlyThe Hon JusticeSally Fitzgerald
Since2023
flagNew Zealand portal

TheHigh Court of New Zealand (Māori:Te Kōti Matua o Aotearoa) is thesuperior court of New Zealand. It has general jurisdiction and responsibility, under theSenior Courts Act 2016, as well as the High Court Rules 2016, for theadministration of justice throughoutNew Zealand. There are 18 High Court locations throughout New Zealand, and one stand-alone registry.

The High Court was established in 1841.[1] It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980[2] to make way for the naming of an eventual newSupreme Court of New Zealand.[3]

The High Court is acourt of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In itsappellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals.

Composition and locations

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Auckland High Court in 2017

The High Court comprises theChief Justice (who is head of the judiciary) and up to 55 other Judges (which includes the Justices of theSupreme Court and the Justices of theCourt of Appeal). The administrative head of the court is known as the Chief High Court Judge.Associate Judges of the High Court (formerly known as Masters up until May 2004) supervise the Court's preliminary processes in most civil proceedings, and have jurisdiction to deal with summary judgment applications, company liquidations, bankruptcy proceedings, and some other types of civil proceedings.

The High Court Judges and Associate Judges are based inAuckland,Wellington andChristchurch, but also travel on circuit toWhangārei,Hamilton,Rotorua,Tauranga,Gisborne,New Plymouth,Napier,Whanganui,Palmerston North,Nelson,Blenheim,Greymouth,Timaru,Dunedin, andInvercargill. The Court also has a registry inMasterton.

Jurisdiction

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Criminal matters

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The High Court deals with the most serious types of criminal offences that exceed the District Court's jurisdiction. It deals with all category 4 offences, including murder, manslaughter and treason,[4] as well as any other offence where the accused is likely to be sentenced tolife imprisonment or preventive detention. A High Court Judge may direct that a serious category 2 and 3 "protocol" offence, such as aggravated wounding with intent, kidnapping or sexual violation of a child, be transferred from the District Court to the High Court for hearing.[5] Most cases are heard before a Judge and jury, but may sometimes be heard before a Judge alone.

Civil matters

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The Court has exclusive jurisdiction over all civil claims where the amount in dispute exceeds $350,000, and certain categories of proceedings. The categories of proceeding which can only be commenced in the High Court includes matters concerning admiralty, certain applications relating to land (such as seeking its transfer or caveats), company law including liquidations, bankruptcy, the administration of estates and trusts, and trade mark and patent infringement. For civil claims of up to $350,000, the High Court can have co-extensive jurisdiction with the District Court.

Cited cases

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Main article:List of cases of the High Court of New Zealand

Appellate function

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Rights of appeal to the High Court exist against the decisions of the District Court (except for jury trials), the Family Court, the Youth Court and theEnvironment Court and numerous administrative tribunals and regulatory bodies.

Judges of the High Court

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The following are the Judges of the High Court as of February 2024[update]:[6]

NameAppointedResident courtNotes
Sally Fitzgerald2016AucklandChief High Court Judge (20 December 2023 – present)[7]
Geoffrey Venning2002AucklandFormer Chief High Court Judge (1 June 2015 – 31 May 2020)[7]
Graham Lang2005Auckland
Ailsa DuffyKC2007Auckland
Edwin WylieKC2008Auckland
Timothy BrewerONZM ED2010Auckland
Mary Peters2010Auckland
Mark Woolford2010Auckland
Christian Whata2011Auckland
Cameron Mander2013Christchurch
Rachel Dunningham2014Christchurch
Simon MooreKC2014Auckland
Matthew MuirKC2014Auckland
Anne HintonKC2014Auckland
Rebecca Edwards2015Auckland
Helen CullKC2016Wellington
Mathew Downs2016Auckland
Peter ChurchmanKC2017Wellington
Pheroze Jagose2017Auckland
Gerard van Bohemen2017Auckland
Christine GriceCNZM2018Wellington
Grant Powell2018Auckland
Robert Osborne2018Christchurch[8]
Ian Gault2018Auckland[8]
Tracey Walker2019Auckland[9]
Cheryl Gwyn2019Auckland[10]
Jan‑Marie Doogue2019Christchurch[11]
Melanie Harland2020Auckland[12]
Andru IsacKC2020Wellington[12]
Michael Robinson2021Auckland[13]
Jonathan EatonKC2021Christchurch[14][15]
Layne Harvey2021Auckland[16]
Kiri Tahana2022Auckland[17]
Helen McQueen2022Wellington[18]
Peter Andrew2022Auckland[19]
David Johnstone2022Auckland[20]
Andrew BecroftQSO2023Auckland[21]
James RadichKC2023Wellington[22]
Jane AndersonKC2023Auckland[23]
Laura O’GormanKC2023Auckland[24]
Lisa PrestonKC2023Christchurch[25]
Dale La Hood2023Wellington[26]
Karen Grau2024Wellington[27]
Michele Wilkinson-Smith2024Auckland[28]
Jason McHerron2024Wellington[29]
David Boldt2024Wellington[30]
Gregory BlanchardKC2024Auckland[31]
Dani Gardiner2024Auckland[32]
Simon MountKC2025Auckland[33]
James MacGillivray2025Auckland[34]
Owen Paulsen2025Christchurch[35]
Michael Arthur2025Auckland[36]
Amokura Kawharu2026Auckland[37]

Relationship with Australian courts

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The Trans-Tasman Proceedings Act 2010 (NZ), the Trans-Tasman Proceedings Act 2010 (Aust) and the High Court Rules 2016 streamline the process for resolving civil proceedings with a trans-Tasman element. The Acts cover many matters including service, interim relief, hearing matters remotely and the enforcement of judgments of courts of the other country.

See also

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References

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  1. ^"Supreme Court Act 1841 (5 Victoriae 1841 No 1)".New Zealand Legal Information Institute (NZLII). Retrieved8 May 2021.
  2. ^"Judicature Amendment Act 1979".New Zealand Legislation. 30 January 2018. Retrieved8 May 2021.
  3. ^"History and role – Courts of New Zealand".www.courtsofnz.govt.nz. Retrieved25 January 2017.
  4. ^Criminal Procedure Act 2011, section 74(3).
  5. ^Criminal Procedure Act 2011, sections 66 to 70.
  6. ^"The Judges and Associate Judges of the High Court". Courts of New Zealand. Retrieved25 February 2024.
  7. ^ab"Judicial appointments announced".The Beehive.
  8. ^ab"Appointments of Judges of the High Court".Scoop. New Zealand Government. 6 December 2018.
  9. ^"Appointment of Judge of the High Court". beehive.govt.nz. 18 April 2019. Retrieved13 July 2019.
  10. ^"Inspector-General of Intelligence and Security appointed a Judge of the High Court".The Beehive. Retrieved8 June 2020.
  11. ^"Appointment of Judge of the High Court".The Beehive. Retrieved8 June 2020.
  12. ^ab"Appointment of Judges of the High Court".The Beehive.
  13. ^"Appointment of Judge of the High Court".
  14. ^Parker, David (7 October 2021)."Judge and Associate Judge of High Court appointed".Beehive.govt.nz. Retrieved7 October 2021.
  15. ^Guildford, Jonathan (7 October 2021)."Prominent Christchurch lawyer Jonathan Eaton QC appointed High Court judge".Stuff. Retrieved7 October 2021.
  16. ^Parker, David (15 October 2021)."Judge of the High Court appointed".Beehive.govt.nz.
  17. ^Parker, David (8 April 2022)."High Court Judge appointed".Beehive.govt.nz.
  18. ^Parker, David (1 June 2022)."HAppointment of Judges of Court of Appeal and High Court".Beehive.govt.nz.
  19. ^Parker, David (14 November 2022)."Appointment of Judge and Associate Judge of the High Court".The Beehive. Retrieved12 December 2022.
  20. ^Parker, David (2 December 2022)."Appointment of Judge of the High Court".The Beehive. Retrieved20 December 2022.
  21. ^Parker, David (17 March 2023)."Appointment of Judge of the Court of Appeal and Judge of the High Court".The Beehive. Retrieved19 March 2023.
  22. ^Parker, David (6 April 2023)."Appointment of Judge of the High Court and Associate Judge of the High Court".The Beehive. Retrieved8 April 2023.
  23. ^Parker, David (10 May 2023)."Appointment of High Court Judge".The Beehive. Retrieved13 May 2023.
  24. ^Parker, David (9 August 2023)."Appointment of High Court Judge".The Beehive. Retrieved12 September 2023.
  25. ^Parker, David (14 August 2023)."Appointment of High Court Judge".The Beehive. Retrieved12 September 2023.
  26. ^Parker, David (22 August 2023)."Appointment of High Court Judge".The Beehive. Retrieved12 September 2023.
  27. ^Collins, Judith (20 December 2023)."Judicial appointments announced".The Beehive. Retrieved20 December 2023.
  28. ^Collins, Judith (26 January 2024)."High Court Judge appointed".The Beehive. Retrieved16 February 2024.
  29. ^Collins, Judith (20 December 2023)."High Court Judge appointed".The Beehive. Retrieved16 February 2024.
  30. ^Collins, Judith (19 April 2024)."Judicial appointments announced".The Beehive. Retrieved21 April 2024.
  31. ^Collins, Judith (14 June 2024)."High Court Judge appointed".The Beehive. Retrieved17 June 2024.
  32. ^Collins, Judith (25 October 2024)."Judicial appointments announced".The Beehive. Retrieved29 October 2024.
  33. ^Collins, Judith (11 April 2025)."New High Court Judge appointed".The Beehive. Retrieved14 April 2025.
  34. ^Collins, Judith (16 May 2025)."New High Court Judge appointed".The Beehive. Retrieved18 May 2025.
  35. ^Collins, Judith (10 October 2025)."Judicial appointments announced".The Beehive. Retrieved14 October 2025.
  36. ^Collins, Judith (21 November 2025)."Judicial Appointments announced".The Beehive. Retrieved22 November 2025.
  37. ^Collins, Judith (21 November 2025)."Judicial Appointments announced".The Beehive. Retrieved22 November 2025.

External links

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Sources
Coat of arms of New Zealand
Constitution of New Zealand
Courts of New Zealand
General jurisdiction
Specialist jurisdiction
Defunct jurisdiction
Education
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