 |
About the Ministry |  |
|
Courts | |
|
Other Ministry Services | |
|
Information & Publications |
New Zealand Courts
Hierarchy | Role and Relevance | Openness of the Courts System
Courts: A Judicial decision-making Process
Courts exist to resolve disputes between the State and individuals, or between individuals. They do this by considering the evidence on all sides of the dispute, interpreting the law as it applies to that evidence, and determining judgments. Hence, a "court" is, in fact, the judicial decision-making process, which when considered overall, is the tangible representation of formal "justice" in society.
Role and Relevance of Courts to Society
Courts exist to ensure that both the citizens and the state experience "justice" in dispute resolution, where "justice" is defined as equitable dispute resolution and the balancing of the rights and obligations of the State and individuals, and between individuals, in accordance with legislation, common law and existing social standards.
The court's (i.e. judicial decision-making) function of dispute resolution is perhaps the single most important formal mechanism for ensuring social stability and cohesion. For a society to be stable, citizens need to be confident that the laws which govern them not only reflect socially accepted values and standards, but that should there be a dispute, the courts will interpret those laws impartially, and that resolution will be achieved within a reasonable time-frame. Citizens need to have some confidence that there is justice for them in society; in particular, that the court is an effective (including timely) mechanism through which an individual's lawful interests and rights will be protected; and that as well as the rights of the State being protected, the obligations of the State will be enforced.
Openness of the System
The openness of the system, including the public nature of the courts and the freedom to comment on the particular outcomes of any dispute resolution process, is a feature which is intended to foster robust Judicial decision-making, and enhance citizen's confidence that the process is impartial, thorough, accessible, and provides timely results.
Further information on the function and structure of specific courts is contained below:
- Supreme Court
- Court of Appeal
- High Court
- District Courts
- Employment Court
- Environment Court
- Family Court
- Maori Land Court
- Youth Court
- Coronial Services
