Māori Status in New Zealand Law · Authority Ledger · Part 68 · Judiciary

Where do judges and courts get authority to decide cases?

Judicial authority is institutional, not personal. Courts are continued or established by legislation, judges are appointed through statutory constitutional processes, and each court may act only within its jurisdiction; judicial independence prevents Ministers from directing case outcomes.

The Senior Courts Act 2016 continues the High Court, Court of Appeal and Supreme Court and defines their jurisdictions. Senior-court Judges are appointed by the Governor-General. The Constitution Act 1986 protects superior-court Judges against arbitrary removal and salary reduction.

The District Court is separately constituted under the District Court Act 2016. District Court Judges are appointed by the Governor-General on the advice of the Attorney-General, and the Court's civil and criminal jurisdiction is defined by statute.

A judge's warrant of appointment is not unlimited jurisdiction.The office authorises the judge to exercise the jurisdiction of the relevant court. Whether that court can decide a particular dispute depends on jurisdiction conferred or recognised by law.

InstitutionHigh Court / Court of Appeal / Supreme Court / District Court and specialist courts.

AppointmentGovernor-General under the governing court statute; appointment processes involve the Attorney-General.

Source of case authorityJurisdiction of the court under statute and, for the High Court, its inherited/common-law jurisdiction where recognised.

IndependenceMinisters cannot direct a judge how to decide a particular case.

The correct authority challenge is therefore jurisdictional: is this the right court, has the proceeding been lawfully brought, and does the judge have power to make this particular order?

Senior courtsSenior Courts Act 2016.

District CourtDistrict Court Act 2016.

Constitutional protectionConstitution Act 1986, ss 23–24.

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