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 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.

A diagram of the Court System of Niue

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.

The current Chief Justice is Craig Coxhead.[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, Chief Justice 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]

The following jurists have served as chief justice:

OrdinalOfficeholdersTerm startTerm endTime in officeNotes
1 Gaven Donne 1975 1982 6–7 years
2 Heta Hingston 1982 2010 27–28 years [6]
3 Patrick Savage 2010 2018 7–8 years
4 Craig Coxhead 22 November 2018 (2018-11-22) incumbent 4 years, 337 days [1]

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]

An image of the proceeding of the Niue Criminal Court

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]

Image of the proceedings of the Niue land court

Land Court and Jurisdiction

Commissioners and Judges have jurisdiction in the Land Court.[7] In 2013, 260 cases were filed, 150 were resolved, and the average duration of a case was 72 days.[3] On the right is a diagram of the structure and proceedings of a case in the Land Court.

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][8] 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 King 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 His 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.[9][10]

References
  1. "Appointment ceremony for the Chief Justice and a Judge of the High Court of Niue". gg.govt.nz. Retrieved 2021-04-11.
  2. Levine, Stephen (2016-06-01). Pacific Ways: Government and Politics in the Pacific Islands. Victoria University Press. ISBN 978-1-77656-026-4.
  3. "PacLII: Niue High Court Land Division Annual Report 2012-2013". 129.94.31.59. Retrieved 2020-03-27.
  4. "Constitution of Niue". www.paclii.org. Retrieved 2020-03-27.
  5. "Niue High Court Bench Book" (PDF).
  6. "New Year Honours 2016 - Citations for Companions of the Queen's Service Order". Department of the Prime Minister and Cabinet. 14 December 2015. Retrieved 14 August 2020.
  7. "LAND COURTS BENCH BOOK" (PDF).
  8. "Niue Courts System Information". www.paclii.org. Retrieved 2020-03-27.
  9. "BAILII - Search results". www.bailii.org. Retrieved 2020-04-15.
  10. "BAILII - Search results". www.bailii.org. Retrieved 2020-04-15.
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