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Niue Courts System Information

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Pacific Courts - Niue

NIUE*

 

 

COURT OF APPEAL

        has jurisdiction to hear an appeal from a decision of the High Court as of right:

        if the High Court certifies that a substantial question of law as to the interpretation or effect of the Constitution is involved;

        if the matter in dispute is worth not less than the minimum amount prescribed by statute;

        in any case where an appeal is provided for by statute; or

        which involved a criminal conviction.

        has jurisdiction to hear a civil appeal from a decision of the High Court with leave of the High Court or special leave of the Court of Appeal.

        has a general jurisdiction to hear and determine any criminal appeal from a judgment of the High Court but not one relating to a sentence passed that is fixed by law.

 

HIGH COURT

        has unlimited first instance jurisdiction in civil and criminal matters.

        In civil matters a commissioner or two justices of the peace have jurisdiction to deal with actions for the recovery of debt or damages or recovery of chattels not exceeding $1,500.

        In criminal matters, the High Court may be constituted by a commissioner of the High Court whose jurisdiction is deemed to be concurrent with that of a High Court judge.

        A judge of the High Court has jurisdiction to hear appeals from decisions of the commissioner or two justices sitting together.

 
*
For more information on the court system in Niue see Jennifer Corrin-Care, Tess Newton and Don Paterson Introduction to South Pacific Law (Cavendish Publishing Ltd, London, 1999) 296-298. 

© 2001 University of the South Pacific

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