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.
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. The Chief Justice is chosen by the Governor-General of New Zealand on advice from the cabinet of Niue. , 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.
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. Jurisdiction based on each specific case is outlined in the extensive table below.
The following jurists have served as chief justice:
Ordinal Officeholders Term start Term end Time in office Notes 1975 1982 years 1982 2010 years 2010 2018 years incumbent
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.
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 OffenceSection of NA PleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdiction Seditions. 129 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83 and Sch. 6 RHC Murders. 133-138 Guilty or
Not
GuiltyLife
ImprisonmentJudgeJudge imposes sentenceArt. 38
Constitution Manslaughters. 139 Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution Duty to provide
necessaries of lifes. 142 Guilty 7 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A RHC Duty to provide necessaries of lifes. 142 Not
Guilty7 yearsJudgeJudge imposes sentenceArt. 38
Constitution
OffenceSection of NAPleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdiction Duty of parent or guardian to provide necessaries of lifes. 143 Guilty7 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Duty of Parent or Guardian to provide Necessaries of
lifes. 143 Not
Guilty7 yearsJudgeJudge imposes sentenceArt. 38
Constitution Attempted Murders. 147 Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution Conspiracy and inciting murders. 148 Guilty10 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A RHC Conspiracy and inciting murders. 148 Not
Guilty10 yearsJudgeJudge imposes sentenceArt. 38
Constitution Counselling Suicides. 149 Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution Concealment of Births. 150 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of up to 1 yearRule 83(d)
and Sch. 6
RHC Grievous
Bodily Harms. 151 Guilty7 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A RHC Grievous
Bodily Harms. 151 Not
Guilty7 yearsJudgeJudge imposes sentenceArt. 38
Constitution Actual Bodily
Harms. 152 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence up to 1 yearRule 83(d)
and Sch. 6
RHC Omissions
resulting in Bodily Harms. 153 Guilty or
Not
Guilty 2 years1 Commissioner or 2 JusticesCan only impose sentence up to 1 yearRule 83(d)
and Sch. 6
RHC Intentionally endangering persons on aerodromess. 154 Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution
OffenceSection of NAPleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdiction Wantonly endanger persons on/near aerodromess. 155 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence up to 1 yearRule 83(d)
and Sch. 6
RHC Indecent Assaults. 156 Guilty5 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Indecent Assaults. 156 Not
Guilty5 yearsJudgeJudge imposes sentenceArt. 38
Constitution Assaults. 157 Guilty or
Not
Guilty1 year1 Commissioner or 2 JusticesImpose sentenceRule 83(d)
and Sch. 6
RHC Cruelty to a Childs. 157A Guilty5 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Cruelty to a Childs. 157A Not
Guilty5 yearsJudgeJudge imposes sentenceArt. 38
Constitution Resisting Constable in execution of his/her dutys. 158 Guilty or
Not
Guilty6 months or
$40 fine1 Commissioner or 2 JusticesImpose sentenceRule 2(3)
Amendment
No. 5 RHC Abduction of girl under 15s. 159 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 2(3)
Amendment
No. 5 RHC Abduction of childrens. 160 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83(d)
and Sch. 6
RHC Rapes. 162 Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution Sexual Intercourse/ indecency with girl under 12s. 163 Guilty10 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Sexual Intercourse/ indecency with girl under 12s. 163 Not
Guilty10 yearsJudgeJudge Imposes SentenceArt. 38
Constitution
OffenceSection of NAPleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdiction Sexual Intercourse/ indecency with girl between 12 and 15s. 164 Guilty or
Not
Guilty3 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 2(3)
Amendment
No. 5 RHC Sexual
Intercourse with woman of unsound mind, imbecile or idiots. 165 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 2(3)
Amendment
No. 5 RHC Procuring Miscarriage of woman or girls. 166 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83(d)
and Sch. 6
RHC Woman or girl
procuring her
own miscarriages. 167 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83(d)
and Sch. 6
RHC Supplying means of miscarriages. 168 Guilty or
Not
Guilty2 years 1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83(d)
and Sch. 6
RHC Bigamys. 169 Guilty5 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Bigamy s. 169 Not
Guilty5 yearsJudgeJudge imposes sentenceArt. 38
Constitution Buggerys. 170 Guilty10 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Buggerys. 170 Not
Guilty10 yearsJudgeJudge imposes sentenceArt. 38
Constitution Attempted Buggery and indecent assaults on maless. 171 Guilty5 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Attempted Buggery and indecent assaults on maless. 171 Not
Guilty5 yearsJudgeJudge imposes SentenceArt. 38
Constitution
OffenceSection of NAPleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdictionIncests. 172 Guilty7 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Incest s. 172 Not
Guilty7 yearsJudgeJudge imposes sentenceArt. 38
Constitution Indecent Actss. 173 Guilty or
Not
Guilty6 months1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Indecent Documentss. 174 Guilty or
Not
Guilty6 months1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Brothelss. 175 Guilty or
Not
Guilty6 months1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Gaming Housess. 176 Guilty or
Not
Guilty6 months1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Riots. 177 Guilty or
Not
Guilty2 years1 Commissioner or 2 JusticesCan only impose sentence of 1 yearRule 83(d)
and Sch. 6
RHC Forcible Entrys. 178 Guilty or
Not
Guilty6 months1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Affrayss. 179 Guilty or
Not
Guilty1 year1 Commissioner or 2 JusticesCommissioner or 2 Justices impose sentenceRule 83(d)
and Sch. 6
RHC Judicial
Corruption in judicial capacitys. 180A(1) Guilty or
Not
Guilty14 yearsJudgeJudge imposes sentenceArt. 38
Constitution Judicial
Corruption in official capacitys. 180A(2) Guilty7 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Judicial
Corruption in official capacitys. 180A(2) Not
Guilty7 yearsJudge Judge imposes sentenceArt. 38
Constitution
OffenceSection of NAPleaMaximumPenaltyJurisdictionSentenceEstablishment of jurisdiction Bribery of
Judicial
Officer in
Judicial
Capacitys. 180B(1) Guilty7 years1 Commissioner and 2 JusticesRequires confirmation by Chief JusticeRule 84A
RHC Bribery of
Judicial
Officer in
Judicial
Capacitys. 180B(1) Not
Guilty7 yearsJudgeJudge imposes sentenceArt. 38
Constitution Bribery of
Judicial
Officer in
Official
Capacitys. 180B(2) Guilty5 years1 Commissioner and 2 JusticesCan impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Bribery of
Judicial
Officer in
Official
Capacitys. 180B(2) Not
Guilty5 yearsJudgeJudge imposes sentenceArt. 38
Constitution Minister of Crown accepts bribe or is found corrupts. 180C(1) Guilty or
Not
Guilty14 yearsJudge. Prosecutor requires leave of a judge to prosecute.Judge imposes sentenceArt. 38
Constitution Person gives corruptly gives bribe to any person to influence Minister of
Crowns. 180C(2) Guilty7 years1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute.Can impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Person gives corruptly gives bribe to any person to influence Minister of
Crowns. 180C(2) Not
Guilty7 yearsJudge.
Prosecutor
Requires leave of Judge to prosecute.Judge imposes sentenceArt. 38
Constitution Member of L. Assembly accepts bribes. 180D(1) Guilty7 years1 Commissioner and 2 Justices. Prosecutor requires leave of Commissioner to prosecute.Can impose max sentence but requires confirmation of Chief JusticeRule 84A
RHC Member of L. Assembly accepts bribes. 180D(1) Not
Guilty7 yearsJudge. Prosecutor requires leave of judge to prosecute.Judge imposes sentenceArt. 38
Constitution