Court system 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.

The civil and criminal courts operate under an adversarial legal system, while the land courts operate under an inquisitive legal system.

The High Court of Niue has original jurisdiction in criminal, civil, and land matters.

Furthermore, it has three types of officials; Judges, Commissioners, and Justices of the Peace.

[1] The Chief Justice is chosen by the Governor-General of New Zealand on advice from the cabinet of Niue.

The Civil and Criminal Commissioners are Mr. Desmond Hipa, Mrs. Sifaole Ioane and Mrs. Taumalua Jackson.

The Land Commissioners are Mrs. Rheumatic Alapaki, Mrs. Maihetoe Hekau, Mr. Robin Hekau, Mr. Hale Ikitule, Mrs. Leliviika Liumaihetau and Mr. Saukia Tukuitonga.

The Justices of the Peace are Ms. Paese McMoore and Mrs. Francis Lui-Valiana.

[3] Two Justices of the Peace must be present to exercise the same functions as one Commissioner.

[4] Jurisdiction based on each specific case is outlined in the extensive table below.

[5] The following jurists have served as chief justice: In criminal trials, the idea of innocent until proven guilty applies, and the burden of proof is on the prosecution.

[3] As the diagram on the right shows, there is a complex set of procedures in the Niue criminal court system.

5 RHC Intercourse with woman of unsound mind, imbecile or idiot Not Guilty Amendment No.

Crown Guilty Prosecutor Requires leave of Judge to prosecute.

intent to commit robbery Guilty Constitution Attempted Conversion of Motorcars

Execution of Valuable Securities by Fraud Not Guilty and Sch.

Guilty Constitution with intent to commit criminal offence

with intent to commit criminal offence Guilty Constitution Penalty dwellinghouse without intent to commit offence Not Guilty $20 fine Amendment No.

5 RHC These tables describe traffic jurisdiction under the Niue Transport Act 1965 and its amendments.

The shaded parts refer to a problem created by amendments to the Transport Act.

disqualify present or future drivers license: s. 44(1) s. 44(2)

disqualify present or future drivers license: s. 44(1) s. 44(2) Amendment of

for 1 year (may disqualify for longer) unless special reasons for Court not to.

(general penalties) s. 103 NTA (general penalties) person s. 103 NTA (general penalties) drugs comm- unity work fine up to $200 s. 44(2) s. 44(2) disqualify for up to 3 months s. 44(2) $500 fine for up to 3 months s. 44(2) s. 44(2)

[5] However, in practice, judges are the ones that generally hear civil cases.

[3] On the right is a diagram of the structure and proceedings of a case in the Land Court.

In criminal jurisdiction, a person convicted of a criminal offence may appeal if they are sentenced to death, imprisonment for life, or to a fine or imprisonment that is not fixed by law.

[3] The Sovereign in Council is officially the highest court in Niue.

It is the King of the United Kingdom, acting by and with the advice of the Judicial Committee of the Privy Council.