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The High Court of the Cook Islands is the court of first instance in the Cook Islands. It has general jurisdiction and responsibility under the Constitution of the Cook Islands for the administration of justice in the Cook Islands. [1] The Court is established by part IV of the Constitution of the Cook Islands. [2]
The Court consists of the Chief Justice of the Cook Islands, a number of other Judges, and Justices of the Peace. Judges must have practiced as a barrister in New Zealand or another Commonwealth or designated country for at least seven years, or hold or have held office as a Judge of the High Court of New Zealand, Court of Appeal of New Zealand, Supreme Court of New Zealand, or an equivalent office in a Commonwealth or designated country. [3] Judges of the New Zealand Māori Land Court are appointed to the Land Division. [4] Non-resident Judges are appointed for a three-year term; [5] other Judges are appointed for life.
The Court sits mainly in Avarua, but also holds hearings in Aitutaki and Atiu.
The court is divided into four divisions: criminal, civil, land, and children's court. [6] Any Judge of the High Court may exercise any of the powers of any division. [7] The Land Division has inherited the powers of the former Land Court of the Cook Islands, but has no jurisdiction over land on the islands of Mangaia, Mitiaro and Pukapuka unless requested by the relevant island council. [8]
When constituted by a Judge, the High Court has original jurisdiction, and may hear appeals of decisions made by Justices of the Peace. [9]
When constituted by a single Justice of the Peace, the criminal division has jurisdiction over specified minor offences and those punishable by fine only, and may only sentence people to imprisonment for less than two years or a fine of up to $500. [10] A single Justice of the Peace may also hear pleas and traffic offences, [10] as well as applications for summonses and custody of a minor. [11] When constituted by a panel of three Justices of the Peace, the Court has jurisdiction over specified offences, and may sentence people to imprisonment for up to three years or a $1000 fine. [10] A three-justice panel may also hear extradition cases. [11]
In the civil jurisdiction, a single Justice of the Peace can hear matters where the amount in dispute is $1500 or less, and a panel of three Justices of the Peace can hear matters where the amount in dispute is between $1500 and $3000. [12]
The following are the Judges of the High Court as of January 2020: [13]
As of August 2020 there are twenty Justices of the Peace: 14 on Rarotonga, two each on Aitutaki and Manihiki, and one each on Mangaia and Mauke. [15]
A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These include:
Mangaia is the most southerly of the Cook Islands and the second largest, after Rarotonga. It is a roughly circular island, with an area of 51.8 square kilometres (20.0 sq mi), 203 kilometres (126 mi) from Rarotonga. Originally heavily populated, Mangaia's population has dropped by 75% in the last 50 years.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
The Courts of Justice Act 1924 was an Act of the Oireachtas that established a new system of courts for the Irish Free State. Among the new courts was the Supreme Court of the Irish Free State, and the first Chief Justice of the Irish Free State was also appointed under the Act.
The Cook Islands Federation was created in 1891, after the Kingdom of Rarotonga was given the island of Aitutaki. It lasted until 1901, when it was given to New Zealand.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.
In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. It is essential to note that the High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.
The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. On 30 July 2020, a new building was inaugurated jointly by Indian Prime Minister Narendra Modi and Mauritian Prime Minister Pravind Jugnauth.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
The Supreme Court of Tonga is the superior court in Tonga. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the Magistrates' Courts.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. The judiciary is supported in its work by an executive department, the Ministry of Justice.
The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom ; the common law; and customary law. The land tenure system is largely based on kaitasi.
The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts.
The court system of Niue is a three-tiered judicial system established by the Niue Constitution Act in the island nation of Niue. It consists of the High Court, which has original jurisdiction to hear all criminal, civil and land matters, the Court of Appeal, which has appellate civil and criminal jurisdiction, and the Privy 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 of common law is used in the court system, and the Doctrine of Precedent ensures that lower courts follow the precedent of upper courts. The civil and criminal courts operate under an adversarial legal system, while the land courts operate under an inquisitive legal system.
The judiciary of the Cook Islands is a system of courts that interprets and applies the laws of the Cook Islands. The judiciary has three levels: the Judicial Committee of the Privy Council serves as a final court of appeal. The Cook Islands Court of Appeal hears appeals from the High Court. The High Court of the Cook Islands deals with criminal and civil cases, as well as land cases under customary law. Minor crimes are heard in the High Court by Justices of the Peace.
The Court of Appeal of the Cook Islands is the superior court of record for the Cook Islands. It hears appeals from the High Court of the Cook Islands and was established by Article 56 of the Constitution of the Cook Islands.