Court system of Niue
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 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.
High Court
The High Court of Niue has original jurisdiction in criminal, civil, and land matters. The court is divided into three divisions; criminal division, civil division, and land division. Furthermore, it has three types of officials; Judges, Commissioners, and Justices of the Peace. The main difference between the three is jurisdiction. One other notable difference is the ability to become Chief Justice, which is only a judge's power, and that judges have rehearing powers.
Currently, the Chief Justice is Patrick Savage.[1] The Chief Justice is chosen by the Governor-General of New Zealand on advice from the cabinet of Niue.[2] As of 2014, the judges are Judge Wilson Isaac, Judge Craig Coxhead and Judge Sarah Reeves. 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. All three can not stay on past 68 years of age.[4] Jurisdiction based on each specific case is outlined in the extensive table below.[5]
Criminal Court
In criminal trials, the idea of innocent until proven guilty applies, and the burden of proof is on the prosecution. In 2014, 109 criminal cases were filed and the average duration of a case was 54 days.[3]
Criminal Proceedings
As the diagram on the right shows, there is a complex set of procedures in the Niue criminal court system.
Criminal Jurisdiction and Sentencing
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Sedition | s. 129 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83 and Sch. 6 RHC |
| Murder | s. 133-138 | Guilty or
Not Guilty |
Life
Imprisonment |
Judge | Judge imposes sentence | Art. 38
Constitution |
| Manslaughter | s. 139 | Guilty or
Not Guilty |
14 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Duty to provide
necessaries of life |
s. 142 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Duty to provide necessaries of life
|
s. 142 | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Duty of parent or guardian to provide necessaries of life | s. 143 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Duty of Parent or Guardian to provide Necessaries of
life |
s. 143 | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Attempted Murder | s. 147 | Guilty or
Not Guilty |
14 years | Judge
|
Judge imposes sentence | Art. 38
Constitution |
| Conspiracy and inciting murder | s. 148 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Conspiracy and inciting murder | s. 148 | Not
Guilty |
10 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Counselling Suicide | s. 149 | Guilty or
Not Guilty |
14 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Concealment of Birth | s. 150 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of up to 1 year | Rule 83(d)
and Sch. 6 RHC |
| Grievous
Bodily Harm |
s. 151 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Grievous
Bodily Harm |
s. 151 | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Actual Bodily
Harm |
s. 152 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d)
and Sch. 6 RHC |
| Omissions
resulting in Bodily Harm |
s. 153 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d)
and Sch. 6 RHC |
| Intentionally endangering persons on aerodromes | s. 154 | Guilty or
Not Guilty |
14 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Wantonly endanger persons on/near aerodromes | s. 155 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence up to 1 year | Rule 83(d)
and Sch. 6 RHC |
| Indecent Assault | s. 156 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Indecent Assault | s. 156 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Assault | s. 157 | Guilty or
Not Guilty |
1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Cruelty to a Child | s. 157A | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Cruelty to a Child | s. 157A | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Resisting Constable in execution of his/her duty | s. 158 | Guilty or
Not Guilty |
6 months or
$40 fine |
1 Commissioner or 2 Justices | Impose sentence | Rule 2(3)
Amendment No. 5 RHC |
| Abduction of girl under 15 | s. 159 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Abduction of children | s. 160 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Rape | s. 162 | Guilty or
Not Guilty |
14 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Sexual Intercourse/ indecency with girl under 12 | s. 163 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Sexual Intercourse/ indecency with girl under 12 | s. 163 | Not
Guilty |
10 years | Judge | Judge Imposes Sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Sexual Intercourse/ indecency with girl between 12 and 15 | s. 164 | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Sexual
Intercourse with woman of unsound mind, imbecile or idiot |
s. 165 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Procuring Miscarriage of woman or girl | s. 166 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Woman or girl
procuring her own miscarriage |
s. 167 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Supplying means of miscarriage | s. 168 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Bigamy | s. 169 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Bigamy | s. 169 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Buggery | s. 170 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Buggery | s. 170 | Not
Guilty |
10 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Attempted Buggery and indecent assaults on males | s. 171 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Attempted Buggery and indecent assaults on males | s. 171 | Not
Guilty |
5 years | Judge | Judge imposes Sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Incest | s. 172 | Guilty | 7years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Incest | s. 172 | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Indecent Acts | s. 173 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Indecent Documents | s. 174 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Brothels | s. 175 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Gaming Houses | s. 176 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Riot | s. 177 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Forcible Entry | s. 178 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Affrays | s. 179 | Guilty or
Not Guilty |
1 year | 1 Commissioner or 2 Justices | Commissioner or 2 Justices impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Judicial
Corruption in judicial capacity |
s. 180A(1) | Guilty or
Not Guilty |
14 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Judicial
Corruption in official capacity |
s. 180A(2) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Judicial
Corruption in official capacity |
s. 180A(2) | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Bribery of
Judicial Officer in Judicial Capacity |
s. 180B(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Requires confirmation by Chief Justice | Rule 84A
RHC |
| Bribery of
Judicial Officer in Judicial Capacity |
s. 180B(1) | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Bribery of
Judicial Officer in Official Capacity |
s. 180B(2) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Bribery of
Judicial Officer in Official Capacity |
s. 180B(2) | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Minister of Crown accepts bribe or is found corrupt | s. 180C(1) | Guilty or
Not Guilty |
14 years | Judge. Prosecutor requires leave of a judge to prosecute. | Judge imposes sentence | Art. 38
Constitution |
| Person gives corruptly gives bribe to any person to influence Minister of
Crown |
s. 180C(2) | Guilty | 7 years | 1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Person gives corruptly gives bribe to any person to influence Minister of
Crown |
s. 180C(2) | Not
Guilty |
7 years | Judge.
Prosecutor Requires leave of Judge to prosecute. |
Judge imposes sentence | Art. 38
Constitution |
| Member of L. Assembly accepts bribe | s. 180D(1) | Guilty | 7 years | 1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Member of L. Assembly accepts bribe | s. 180D(1) | Not
Guilty |
7 years | Judge. Prosecutor requires leave of judge to prosecute. | Judge imposes sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Person offers bribe to member of L. Assembly | s. 180D(2) | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices. Prosecutor requires leave of Commissioner to prosecute. | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Law enforcement officer accepts bribe | s. 180E(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A RHC |
| Law enforcement officer accepts bribe | s. 180E(1) | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Person offers bribe to law enforcement officer | s. 180E(2) | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Official accepts bribe | s. 180F(1) | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Official
Accepts Bribe |
s. 180F(1) | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Person bribes official to influence act or omission | s. 180F(2) | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Corrupt use of information by
official |
s. 180G | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Corrupt use of information by
official |
s. 180G | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Perjury | s. 181 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Perjury | s. 181 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Fabricating evidence | s. 182 | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Conspiracy to pervert justice | s. 183 | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Breaking Prison | s. 184 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Breaking Prison | s. 184 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Escape | s. 185 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Rescue | s. 186 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC |
| Criminal Libel and Slander | s. 187 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3)
Amendment No. 5 RHC |
| Theft | s. 188 and
s. 192(a) |
Guilty or
Not Guilty |
3 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Theft | s. 188 and
s. 192(b) |
Guilty or
Not Guilty |
1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6
RHC |
| Theft | s. 188 and
s. 192(c) |
Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Theft | s. 188 and
s. 192(c) |
Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Stealing
Documents |
s. 193(1) | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
| Stealing
Documents (Testamentary instrument) |
s. 193(2) | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Stealing
Documents (Testamentary instrument) |
s. 193(2) | Not
Guilty |
10 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Receiving
Stolen Goods |
s. 194; s.
188 and 192(a) |
Guilty or
Not Guilty |
3 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Receiving
Stolen Goods |
s. 194; s. 188 and s.
192(b) |
Guilty or
Not Guilty |
1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Receiving
Stolen Goods |
s. 194; s.
188 and s. 192(c) |
Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Receiving
Stolen Goods |
s. 194; s.
188 and s. 192(c) |
Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Robbery | s. 195 | Guilty | 10 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Robbery | s. 195(1,2) | Not
Guilty |
10 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Assault with
intent to commit robbery |
s. 195(3) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Assault with
intent to commit robbery |
s. 195(3) | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Conversion or
Attempted Conversion of Motorcars |
s. 196(1) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC |
| Conversion or
Attempted Conversion of Motorcars |
s. 196(1) | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Possession of instrument for conversion of motorcars | s. 196(2) | Guilty or
Not Guilty |
1 year | 1 Commissioner or 2 Justices | Impose sentence | Rule 2(3)
Amendment No. 5 RHC |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction | ||
| Breach of Trust | s. 197 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Breach of Trust | s. 197 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Menaces | s. 198 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Wit | cRH | Caft | s. 199 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Obtaining
Credit by Fraud |
s. 200 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6
RHC | ||
| Accusation of
Criminal Offences |
s. 201 | Guilty or
Not Guilty |
5 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Conspiracy to defraud | s. 202 | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Obtaining
Execution of Valuable Securities by Fraud |
s. 203 | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Burglary | s. 204 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Burglary | s. 204 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Unlawful Entry of dwellinghouse
with intent to commit criminal offence |
s. 205(1) | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Unlawful Entry of dwellinghouse
with intent to commit criminal offence |
s. 205(1) | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction | ||
| Unlawful entry of
dwellinghouse without intent to commit offence |
s. 205(2) | Guilty or
Not Guilty |
3 months or
$20 fine |
1 Commissioner or 2 Justices | Impose sentence | Rule 2(3)
Amendment No. 5 RHC | ||
| Unlawful entering building, ship or aircraft for criminal purpose | s. 205A | Guilty | 4 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Unlawful entering building, ship or aircraft for criminal purpose | s. 205A | Not
Guilty |
4 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Threats to kill or do bodily harm | s. 206 | Guilty or
Not Guilty |
5 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Forgery | s. 207 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Forgery | s. 207 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Making
counterfeit coin |
s. 209 | Guilty | 7 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Making
counterfeit coin |
s. 209 | Not
Guilty |
7 years | Judge | Judge imposes sentence | Art. 38
Constitution | ||
| Lightening Coin | s. 210 | Guilty or
Not Guilty |
2 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 83(d)
and Sch. 6 RHC | ||
| Uttering
Counterfeit Coin |
s. 211 | Guilty or
Not Guilty |
6 months | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC | ||
| Arson | s. 212 | Guilty | 5 years | 1 Commissioner and 2 Justices | Can impose max sentence but requires confirmation of Chief Justice | Rule 84A
RHC | ||
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Arson | s. 212 | Not
Guilty |
5 years | Judge | Judge imposes sentence | Art. 38
Constitution |
| Wilful Mischief to property | s. 213 | Guilty or
Not Guilty |
3 years if damage over $20
6 months for damage less than $20 |
1 Commissioner or 2 Justices | Can only impose sentence of 1 year if over $20 or impose full sentence for less than $20 | Rule 83(d)
and Sch. 6 RHC |
| Provoking breach of peace | s. 214 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Profane, indecent and obscene language | s. 215 | Guilty or
Not Guilty |
3 months or
$40 fine |
1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Disorderly
Conduct in Public Places |
s. 216 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Obstructing Public Place | s. 217 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Drunkenness | s. 218 | Guilty or
Not Guilty |
$20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Animal Trespass | s. 219 | Guilty or
Not Guilty |
$10 fine | 1Commissioner
or 2 Justices |
Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Prostitution | s. 220 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Laying Poison | s. 221 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Polluting Water | s. 222 | Guilty or
Not Guilty |
6 months or
$100 fine |
1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Sale of
Unwholesome provisions |
s. 223 | Guilty or
Not Guilty |
1 month or
$40 |
1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Unsanitary Premises | s. 224 | Guilty or
Not Guilty |
$20 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Wilful Trespass | s. 225 | Guilty or
Not Guilty |
$10 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Cruelty to Animals | s. 226 | Guilty or
Not Guilty |
1 month or
$20 fine |
1 Commissioner or 2 Justices | Impose sentence | Rule 83(d)
and Sch. 6 RHC |
| Offence | Section of NA | Plea | Maximum
Penalty |
Jurisdiction | Sentence | Establishment of jurisdiction |
| Falsely
Trading as a Incorporated Company |
s. 227 | Guilty or
Not Guilty |
$200 fine | 1 Commissioner or 2 Justices | Impose sentence | Rule 83(d) and Sch. 6 or 83(c) RHC |
| Wrongful Communicatio
n/ retention/ copying of official information |
s. 228A | Guilty or
Not Guilty |
3 years | 1 Commissioner or 2 Justices | Can only impose sentence of 1 year | Rule 2(3)
Amendment No. 5 RHC |
Transport Jurisdiction
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. [5]
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Use/permit use of vehicle without registration or license | s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Use/permit use of vehicle without reg.
plates |
s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Wilfully or negligently deface reg. plate | s. 5(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Unlicensed person who drives motor vehicle | s. 19(1) | $100 fine | 1 Commissioner or 2 Justices | May impose sentence | No | No |
| Vehicles to keep left | s. 28 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Driver to give audible signal when overtaking | s. 29 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Overtaking involving risk | s. 30 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Right hand turn at intersection | s. 31 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Driver to yield right of way to vehicle approaching right | s. 32 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Unsafe vehicles | s. 33 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Dangerous riding on vehicles | s. 34 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Motor driver's visible signals | s. 35 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Parking of motor vehicle | s. 36 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Towing of motor vehicles and leading animals | s. 37 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Number of persons on motor cycles | s. 38 | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Safety Helmets for motor-cyclists | s. 38A | $100
(s. 103 NTA) |
1 Commissioner or 2 Justices | May impose sentence | May
disqualify present or future drivers license: s. 44(1) |
Yes:
s. 44(2) |
| Causing death or bodily injury through reckless or negligent driving | s. 39(a) | Five years or $1500 fine or both | 1 Commissioner or 2 Justices: Article 2(2) 1975
Amendment of RHC |
Can only impose sentence of 1 year or $200 fine | Shall disqualify
for 1 year (may disqualify for longer) unless special reasons for Court not to. |
Yes:
s. 44(2) |
| Causing death or bodily injury by driving while intoxicated | s. 39(b) | Five years or $1500 fine or both | 1 Commissioner or 2 Justices: Article 2(2) 1975
Amendment of RHC |
Can only impose sentence of 1 year or $200 fine | Shall disqualify
for 1 year (may disqualify for longer) unless special reasons for Court not to. |
Yes:
s. 44(2) |
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Reckless or negligent driving in a public place | s. 40(1) (a) | $100 fine:
under s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving at a speed which is/might be dangerous to the public | s. 40(1) (b) | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving a vehicle in a manner dangerous to the public or any
person |
s. 40(1) (d) | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Driving under the influence of drink or
drugs |
s. 40(2) | 6 months or $1000 or both; sentence of
comm- unity work |
1 Commissioner or 2 Justices | Can impose 6 months sentence or
fine up to $200 |
Can disqualify for period as Court considers appropriate | Yes:
s. 44(2) |
| Careless driving | s. 40(3) | $500 fine | 1 Commissioner or 2 Justices | Can impose $200 fine | Can disqualify for period not exceeding 3 months | Yes:
s. 44(2) |
| Failure to comply with direction of police when consider incapable of driving | s. 41 | $500 fine | 1 Justice or 2 Commissioners | Can impose $200 fine | Can
disqualify for up to 3 months |
Yes:
s. 44(2) |
| Driver failing to comply with duty after accident where person is injured | s. 42 | 1 year or
$500 fine |
1 Justice or 2 Commissioners | Can impose 1-year sentence or impose $200 fine | Yes: can disqualify
for up to 3 months |
Yes:
s. 44(2) |
| Driver failing to comply with duty after accident where no person injured | s. 42(4) | 3 months or $500 fine | 1 Commissioner or 2 Justices | Can impose sentence or $200 fine | No | N/A |
| Driving with disqualified license | s. 45 | $500 | 1 Commissioner or 2 Justices | Can impose up to $200 fine | Yes: shall disqualify for 1 year or longer unless Court has special reasons related to the offence not to | Yes:
s. 44(2) |
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Driving with excessive breath/ blood alcohol level | s. 45A | 6 months or $1000 or both or
comm- unity work |
1 Commissioner or 2 Justices | Can impose sentence and up to $200 fine | Yes: may disqualify for period Court considers appropriate | Yes:
s. 44(2) |
| Speeding | s. 47(1) | $100 fine | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Failure to have proper equipment and brakes | Part VII: ss. 49 to 68 | $100 fine:
under s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Warrant of vehicle fitness required | s. 73 | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Wilfully or negligently removes,
defaces, damages traffic sign |
s. 80 | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Public places to be kept free from obstructions | Part X:
ss. 81 to 83 |
$100 fine: under (general penalties) | 1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Rules relating to bicycles | Part XI: ss. 84 to 94 | $100 fine:
under s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices s. 103 NTA | Impose fine | No | N/A |
| No liquor on public transport | s. 95 | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Speed limit for trucks carrying passengers | s. 96 | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Unlawful interference with vehicle | s. 100 | $500 | 1 Commissioner or 2 Justices | Impose fine up to $200 | No | N/A |
| Offence | Section of NTA | Max. penalty | Jurisdiction | Sentence | Disqualification | Endorsement |
| Failure to comply with directions given in relation to NTA | s. 102 (a) | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Wilfully obstruct person doing duty under NTA | s. 102(b) | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
| Knowingly makes false statement in
any application under NTA |
s. 102(f) | $100 fine: under
s. 103 NTA (general penalties) |
1 Commissioner or 2 Justices | Impose fine | No | N/A |
Civil Court and Jurisdiction
One commissioner or 2 Justices of the Peace have the jurisdiction to hear a civil action for which the recovery of debt or damages does not exceed NZ $1500.[5] However, in practice, judges are the ones that generally hear civil cases. In 2013–14, 22 civil cases were filed and the average duration of a case was 52 days.[3]
Court of Appeal
The Court of Appeal is an appellate court that may hear appeals based on the High Court granting leave for cases of extraordinary importance, if the High Court certifies it relates to the interpretation of the constitution, or when the Court of Appeal grants special leave to appeal. 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.[5][7] The Court of Appeal meets approximately every three years. Very few cases are appealed to the Court of Appeal, often less than 3 a year, and of those on average a very small amount are overturned.[3]
The Sovereign in Council
The Sovereign in Council is officially the highest court in Niue. It is the Queen of the United Kingdom, acting by and with the advice of the Judicial Committee of the Privy Council. Appeals may be made by the aggrieved party from the Court of Appeal, and it is up to Her Majesty's discretion whether to accept the case. This function is in reality one of the Judicial Committee of the Privy Council, which is the highest court in the Niue court system.[5] The Judicial Committee has not yet heard a case from Niue, although they have heard many cases from the nearby Cook Islands.[8][9]
References
- "Chief Justice of Niue appointed". gg.govt.nz. Retrieved 2020-03-27.
- Levine, Stephen (2016-06-01). Pacific Ways: Government and Politics in the Pacific Islands. Victoria University Press. ISBN 978-1-77656-026-4.
- "PacLII: Niue High Court Land Division Annual Report 2012-2013". 129.94.31.59. Retrieved 2020-03-27.
- "Constitution of Niue". www.paclii.org. Retrieved 2020-03-27.
- "Niue High Court Bench Book" (PDF).
- "LAND COURTS BENCH BOOK" (PDF).
- "Niue Courts System Information". www.paclii.org. Retrieved 2020-03-27.
- "BAILII - Search results". www.bailii.org. Retrieved 2020-04-15.
- "BAILII - Search results". www.bailii.org. Retrieved 2020-04-15.