SCDuskB.jpgThe Supreme Court 


New Zealand’s general courts are structured like a pyramid. At the top of the pyramid is the Supreme Court. Below The Supreme Court, are the Court of , the High Court and the district courts (In descending order). These are ‘courts of general jurisdiction’. They are the main courts in our justice system. (http://www.courtsofnz.govt.nz/about/system/structure)

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Structure of NZ Courts

Supreme Court The Supreme Court is New Zealand's final court of appeal. It is the highest and last court in hierarchy. (http://www.courtsofnz.govt.nz/about/supreme) The Supreme Court was established according to the Supreme Court Act 2003 with effect from 1 January 2004. The 1st hearing started on 1 July 2004. The purpose of establishing The Supreme Court-
  • Reinforced the fact that New Zealand is an independent nation with its own history and traditions
  • Improved access to justice for New Zealanders.
  • And enabled important legal matters, including those relating to the Treaty of Waitangi, to be resolved with an understanding of New Zealand conditions, history, and traditions.


Role and function of The Supreme Court -As the court of final appeal (appeal is an application to a higher court to correct the decision of a lower court), the Supreme Court has the role of maintaining overall consistency in the legal system. (http://www.courtsofnz.govt.nz/about/supreme/role-structure). Procedure to appeal at The Supreme Court - Appeals to the Supreme Court can be heard only with the leave of the court (the permission from the Court to file an appeal). It must give leave to appeal only if it is satisfied that it is necessary in the interests of justice (section 12 and section 13 of the Supreme Court Act 2003). (http://www.courtsofnz.govt.nz/about/supreme/cases/intro)

It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if:

  • the appeal involves a matter of general public importance;
  • a substantial miscarriage of justice may have occurred, or may occur, unless the appeal is heard;
  • the appeal involves a matter of general commercial significance; or
  • The appeal involves a significant issue relating to the Treaty of Waitangi.
(http://www.courtsofnz.govt.nz/about/supreme/cases/intro)

An appeal by a party to a civil proceeding in the High Court against any decision can be heard and determined by The Supreme Court unless a statute provides that there is no right of appeal, or the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal, or the decision was made on an interlocutory application.

The Supreme Court can hear and determine criminal appeals specifically authorised by Part 13 or s406A of the Crimes Act or s144A of the Summary Proceedings Act 1957 or s10A or s10B (1) of the Courts Martial Appeals Act 1953. (http://www.courtsofnz.govt.nz/about/supreme/cases/intro)


Additional information about The Supreme Court can be found at-

NZ Court Website