High Court of New Zealand

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

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 from Various tribunals
Number of positions39 judges and 7 associate judges
Websitehttp://www.courtsofnz.govt.nz/
Chief High Court Judge of New Zealand
CurrentlyThe Hon Justice Sally Fitzgerald
Since2023

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

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

Composition and locations

The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (which includes the Justices of the Supreme Court and the Justices of the Court 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 in Auckland, Wellington and Christchurch, but also travel on circuit to Whangārei, Hamilton, Rotorua, Tauranga, Gisborne, New Plymouth, Napier, Whanganui, Palmerston North, Nelson, Blenheim, Greymouth, Timaru, Dunedin, and Invercargill. The Court also has a registry in Masterton.

Jurisdiction

Criminal matters

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, as well as any other offence where the accused is likely to be sentenced to life 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. Most cases are heard before a Judge and jury, but may sometimes be heard before a Judge alone.

Civil matters

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

Appellate function

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 the Environment Court and numerous administrative tribunals and regulatory bodies.

Judges of the High Court

The following are the Judges of the High Court as of February 2024:

Name Appointed Resident court Notes
Sally Fitzgerald 2016 Auckland Chief High Court Judge (20 December 2023 – present)
Geoffrey Venning 2002 Auckland Former Chief High Court Judge (1 June 2015 – 31 May 2020)
Graham Lang 2005 Auckland
Ailsa Duffy KC 2007 Auckland
Edwin Wylie KC 2008 Auckland
Timothy Brewer ONZM ED 2010 Auckland
Mary Peters 2010 Auckland
Mark Woolford 2010 Auckland
Christian Whata 2011 Auckland
Cameron Mander 2013 Christchurch
Rachel Dunningham 2014 Christchurch
Simon Moore KC 2014 Auckland
Matthew Muir KC 2014 Auckland
Anne Hinton KC 2014 Auckland
Rebecca Edwards 2015 Auckland
Helen Cull KC 2016 Wellington
Mathew Downs 2016 Auckland
Peter Churchman KC 2017 Wellington
Pheroze Jagose 2017 Auckland
Gerard van Bohemen 2017 Auckland
Christine Grice CNZM 2018 Wellington
Grant Powell 2018 Auckland
Robert Osborne 2018 Christchurch
Ian Gault 2018 Auckland
Tracey Walker 2019 Auckland
Cheryl Gwyn 2019 Auckland
Jan‑Marie Doogue 2019 Christchurch
Melanie Harland 2020 Auckland
Andru Isac KC 2020 Wellington
Michael Robinson 2021 Auckland
Jonathan Eaton KC 2021 Christchurch
Layne Harvey 2021 Auckland
Kiri Tahana 2022 Auckland
Helen McQueen 2022 Wellington
Peter Andrew 2022 Auckland
David Johnstone 2022 Auckland
Andrew Becroft QSO 2023 Auckland
James Radich KC 2023 Wellington
Jane Anderson KC 2023 Auckland
Laura O’Gorman KC 2023 Auckland
Lisa Preston KC 2023 Christchurch
Dale La Hood 2023 Wellington
Karen Grau 2024 Wellington
Michele Wilkinson-Smith 2024 Auckland
Jason McHerron 2024 Wellington
David Boldt 2024 Wellington
Gregory Blanchard KC 2024 Auckland
Dani Gardiner 2024 Auckland
Simon Mount KC 2025 Auckland
James MacGillivray 2025 Auckland
Owen Paulsen 2025 Christchurch
Michael Arthur 2025 Auckland
Amokura Kawharu 2026 Auckland

Relationship with Australian courts

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

  • Judicial review in New Zealand, relating to the High Court
  • List of cases of the High Court of New Zealand
  • Sheriffs of the New Zealand High Court

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