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Niue Department of Justice and Courts Annual Reports |
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NIUE HIGH COURT
Annual Report
2013-2014
Contents
Mission and Vision
MISSION
VISION
Message from Chief Justice
About the Courts
Niue High Court (Civil)
Niue High Court (Criminal)
Niue High Court (Land)
Niue High Court Organisational Chart
Indicator 1 – Clearance Rate
Indicator 2 – Average Duration of
a Case
Indicator 3 – Percentage of
Appeals
Indicator 4 – Case Management – Overturn Rate on
Appeal
Indicator 5 – Accessibility of Courts – Court Fee
Waiver
Indicator 6 – Accessibility of Courts – Circuit
Courts
Indicator 7 – Accessibility of Courts – Legal Aid
Indicator 8 – Complaint Handling and Feedback Mechanism
Indicator 9 – Complaint Handling and feedback –
Judicial Officers
Indicator 10 – Complaint Handling and feedback –
Court Staff
Indicator 11 – Judicial Resources
Indicator 12 – Court Staff Resources
Indicator 13 – Transparency – Annual Report
Indicator 14 – Transparency – Court Services Information
Indicator 15 – Transparency – Publication of Judgments
Juvenile/Children's Cases – Disaggregated Data
Violence against Women and Children – Disaggregated Data
Facilities
Annual Budget
Organizational Chart
Court Personnel
Figure 1: Land Titling Process
Figure 2: Civil Division Clearance Rate
Figure 3: Criminal Court Clearance Rate
Figure 4: Land Court: Cases Filed, Finalised and Pending
Figure 5: Land Division Clearance Rate
Figure 6: Civil Court - Average Duration of a Case
Figure 7: Criminal Court - Average Duration of a Case
Figure
8: Land Court - Average Duration of a Case
Figure 9: Percentage of Appeals
Figure 10: Percentage of Appeals
Figure 11: Overturn Rate on Appeal
Figure 12: Complaints Process for Niue Public Servants
Figure 13: Average Number of Cases per Court Staff
Figure 15: Department 2013/2014 Budget
To ensure the effective and efficient
administration of the Niue High Court and to provide and maintain a high level
of support and advice to the Niue High Court and court users.
NIUE HIGH COURT REPORT
Last year we were able to produce a report for the people of Niue on the
activities of the Land Division of the High Court of Niue. This report deals
with the High Court in all of its three divisions, (Land, Civil and Criminal)
and the Niue Court of Appeal. It describes the way justice is delivered in
Niue, who makes those decisions and also how the system is supported by the
administration.
For most people in most societies Courts are somewhat remote and
mysterious. It is important for the people of Niue that they have some
understanding of their Court. The Court is an inherent and necessary part of a
democratic society which must have an independent judicial system in which the
rule of law prevails.
The people of Niue, in broad terms, have a fully developed independent
and adequately supported judicial system in which they can have confidence and
pride. As with all human endeavours we must be watchful to ensure systems do
not falter or degrade. The problems in the Niue High Court which I will discuss
shortly, are not inherent or structural problems. They can be remedied if
resources and management systems are provided.
THE LAND DIVISION
There is an increase in the number of cases filed in the Land Division
and these cases are not being finalised for a number of reasons. It appears,
that in the year under discussion in this report, 260 cases were filed but only
150 resolved. If this issue is not addressed in the immediate future there will
be unfortunate consequences.
One of the reasons is that applications are filed by Niueans living overseas
and they do not or cannot progress the application. It lingers in the system
unaddressed and constitutes a significant portion of a backlog. It is my
intention, after discussions with my brother and sister judges, that in cases
where no steps have been taken over the last two years they will be set down
for hearing to decide whether they can be dismissed. Parties of course have the
right to explain that delay and dismissal will not be inevitable. Dismissal
will not prevent an application being filed later when parties are
realistically able to proceed.
Another fact is that staffing in the High Court is inadequate. Niue is
receiving support from the Pacific Judicial Development Programme and training
has been provided from that source to our staff, our Justices of the Pease and
our Land Commissioners. Our staff also receive help from the Māori Land
Court in New Zealand. So it is not an issue of competence but simply it seems to be that there are not
enough staff. Our staff are loyal, industrious and knowledgeable but they are
small in number and we would face extreme difficulty if staff were lost. We are
vulnerable to a loss of corporate memory.
If there is increased staffing we will expect a greater flow of work
with files being prepared in a greater volume so they can be put before a Judge
and a hearing conducted. Your Judges are ready to provide more Judge time. If
hearing weeks are held at the times when there are two flights a week in to
Niue, then it may be possible to get 6 to 8 more Judge days in every year.
HOUSING THE REGISTRY
We are reaching the point where the registry has become inadequate and
unworkable. The registry is a small transportable home. Staff work in extremely
confined conditions. We have situations where those who come to the Court need
privacy which is simply unavailable.
The Court consistently runs under budget. Other jurisdictions in the
Pacific have decided that any budget under spent could be used to provide a
further working area for Court staff.
In another jurisdiction in the Pacific, filing fees were retained by the
Court and after a number of years the amount available was sufficient to expand
the registry.
MAINTAINING THE RECORD
Land title records are not properly cared for. They sit in a hot
shipping container. They are exposed to high humidity and exposed to insects.
Some of the documents are old and nearly crumbling to dust when handled.
Proper land title and survey records are crucial to and underpin the
Land Court. The Land Court could not function without them and chaos would
ensue.
We should also never forget that evidence given many decades ago is a
cultural treasure and part of the heritage of the Niuean people. It is urgent
that the record be transferred to electronic storage and appropriately backed
up to ensure it is never lost.
CONCLUSION
Having drawn those matters to your attention, as is my duty, our
Justices of the Peace, Land Commissioners', High Court Judges and our staff work
with integrity and enthusiasm.
It is intended that this report be produced annually. I hope that it is
widely viewed and gives insight into the way in which your judicial system
works and highlights areas where particular attention is required.
Fakaue lahi
Monuina mai he Atua
P J Savage
CHIEF JUSTICE OF NIUE
The Niue High Court is a court of first
instance – meaning all applications filed in the Niue High Court Registry at
the Department of Justice, Lands and Survey at Fonuakula, Alofi are first heard
in the Niue High Court when it sits on Niue or when matters are referred to the
Judges in New Zealand.
The Judges are Chief Justice Patrick Savage,
Judge Wilson Isaac, Judge Craig Coxhead and newly appointed Judge Sarah Reeves.
The resident Civil and Criminal Commissioners
are Mr. Desmond Hipa, Mrs. Sifaole Ioane and Mrs. Taumalua Jackson. Justices of
the Peace are Ms. Paese McMoore and Mrs. Francis Lui-Valiana.
The newly appointed resident Land
Commissioners are Mrs. Rheumatic Alapaki, Mrs. Maihetoe Hekau,
Mr. Robin Hekau, Mr. Hale Ikitule, Mrs.
Leliviika Liumaihetau and Mr. Saukia Tukuitonga.
All High Court Judges are also presiding
Maori Land Court Judges in New Zealand and one of these Judges travels twice a
year to the Niue High Court – they preside for one week on each occasion and hear
all civil, criminal and land cases listed for that week.
The resident Civil and Criminal Commissioners
and Justices of the Peace sit as a panel of 3 (1 Commissioner and 2 JPs) once
every month. Only criminal cases are currently being heard at these monthly
sittings but there may be an opportunity for them to preside on civil matters
in 2015.
The resident Land Commissioners are expected
to participate in a local orientation workshop currently being organizedfor
January 2015 and are expected to sit sometime thereafter in 2015.
The Niue Court of Appeal is held
approximately held every 3 years. The last Court sitting was held in March 2012
by Chief Justice Patrick Savage, Justice Craig T Coxhead, Justice Norman Smith
and Justice Wilson W Isaac. The Court of Appeal hears all matters on appeal and
will sit next in the week of 21-27 March 2015.
Niue has its own Judicial Association that
provides the judiciary with the opportunity to meet and discuss issues relating
to the administration of the Law.
The Pacific Judicial Development Program and
the Maori Land Court provide valuable assistance with the development of the
knowledge, skills and attitudes of the Niue Judiciary and improvement of Court Registry
processes and procedure.
The Land Division has the largest number of
cases filed annually in the Registry, followed by the Criminal Division and the
Civil Division.
This Division hears cases twice a year when a
Judge is presiding and these civil case lists form part of the weekly sitting
schedule on those two occasions. As a matter of practice civil cases are the
first matters heard by a Judge and they are normally listed for the morning of
the first day of the scheduled sittings.
The majority of civil cases are Petitions for
Divorce. As a matter of practice, all civil cases are dealt with by a Judge.
This Division schedules monthly one-day
sittings for the resident Commissioner and JPs and twice a year Judges hear
criminal cases during their weekly sessions. The Commissioner and JPs have
jurisdiction to hear misdemeanor cases. More serious criminal matters are heard
by judges.
This Division hears cases twice a year when a
Judge is presiding and these land case lists form part of the weekly sittings
scheduled. As a matter of practice land cases take up a substantial amount of
time and therefore are afforded priority and normally take up 4 of the 5 days
of these scheduled bi-annual sittings.
There is a legal requirement that these cases are publicized in the Government Gazette at least two weeks before the sittings.
Figure 1: Land Titling Process
The operation of the Niue High Court and
Court Registry is effectively administered by Deputy Registrars Darren Tohovaka
and Celina Tiakia respectively. The Registrar of the Niue High Court delegates
statutory authority to the Deputy Registrars who then perform the daily duties
of the Registrar in the three Divisions.
The Pacific Judicial Development Program
(PJDP) is supported by the New Zealand aid programme and works with partner
courts in 14 Pacific Island Countries.
The Chief Justices of the countries
participating in the Pacific Judicial Development Programme agree to
progressively build the capacity of their judicial and court staff colleagues
so as to publish court Annual Reports:
I. on national and Pacific regional websites,
II. within one year of the end of the
reporting period,
III. that include:
a. court performance data and results against
the 15 indicators and Recommendations presented in the PJDP Baseline Report,
b. court performance standards for each level
of court and annual results against those standards,
c. a summary of the key findings from any
court stakeholder/potential court user surveys and dialogues that have taken
place in the previous year,
d. financial
statements, including Court budget execution statements.
In 2013 – 2014, 22 cases were filed and
finalized in the civil jurisdiction. In 2012 and 2011, 5 and 17 cases were
filed.
The trend is that the total number of civil
applications filed annually is decreasing. It would be beneficial for the Niue
High Court to maintain and improve existing court registry processes and procedures
and to identify if any barriers restricting access to justice exist and what
can be done to counter these barriers.
In 2013 – 2014, 109 cases were filed in the
criminal jurisdiction and 107 cases were finalized. In the two previous
reporting periods, 70 and 109 cases were filed.
Figure 3 below shows that the Criminal
Division of the Niue High Court is able to finalize on average about 98% of the
cases that it receives each year.
The trend shows that the total number of
cases filed annually, on most years, fluctuates between 100 to 130 cases and
that there is a small but increasing annual pending caseload. It would be
beneficial for the Niue High Court to maintain and improve court registry
process, court data entry and collections processes and also identify if any
barriers restricting access to justice exist and to remove these barriers.
Figure 4 below shows that during the
2013-2014 reporting period, there were 260 cases filed in the Land Division of
the Niue High Court and 151 cases were finalized. Figure 4 below shows that
over a six year period from 2008 to 2014 the average number of cases filed is
213 cases and the average number of cases finalized is 137. The figure of 480
pending cases at the end of 2013-2014 does not include cases that were pending
from the years before 2007-2008. It is estimated that this could amount to an additional
1000 pending cases. The clearance rate indicates that the Land Division of the
Niue High Court is currently receiving more applications than they are
finalizing, this is leading to an increase to the pending caseload. This trend
is highlighted in Figure 4 below.
There are various reasons why the disposal
rate is low for cases in the Land Court. For example, the majority of
applications filed within the office are Niuean citizens living overseas. This
means that it is often easy for them to file an application but difficult for
them to process the application as some families support it and some do not as
some families do not want to get involved in land disputes. Many of these
applications therefore remain open. The Court issues reminder letters and
emails to each applicant and in most cases the Court is advised to leave the
application pending as they will proceed with the application at the next court
sitting.
In order to reduce the backlog of pending and
inactive land cases, the Niue Land Division will list at its session in March
2015 all land cases filed between March 2008-2013 that have not been heard
during the last two years. Cases in which the parties cannot show why their
cases have not been pursued over the last two years may be dismissed.
In 2013-2014 the average duration of a civil
case, from the date of filing to when it was finalized, was 52 calendar days.
Figure 6 below shows that the average duration of a civil case has fluctuated
significantly over the last six years from 81 in 2008-2009, 111 in 2009-2010,
125 in 2011-2012 and 15 in 2012-2013.
In 2013 - 2014 the average duration of a
criminal case, from date of filing to when it was finalized, was 54 calendar
days. Figure 7 below shows that the average duration of a criminal case has
been constant over the last six years.
In 2013-2014 for cases finalized, the average
duration of a land case, from the date of filing to when it was finalized, was
72 days. Figure 8 below shows that the average duration of a civil case has
decreased significantly over the last six years from 265 days to 72 days.
There were no cases on appeal in the Civil
Division during 2013 – 2014. The only appeals filed in the last 6 years were
filed in 2011 - 2012, there were 3 appeals filed which calculates to about 17%
of the cases finalized during that period.
There were no cases on appeal in the Criminal
Division during 2013 – 2014. The only appeals filed in the last 6 years were
filed in 2011 – 2012 there were 5 appeals filed which calculates to about 5% of
the cases finalized in that period.
There was one case in the land division that
was the subject of an appeal during 2013-2014. Figure 9 below shows the
percentage of appeals in the Land Division.
Of the 3 civil cases that were the subject of
an appeal in 2011-2012 2 cases were dismissed and the remaining appeal had had
not been determined at the time of this report.
There is a complaint handling process that is applied to the
public servants working in the Niue High Court Registry. This process is
detailed below in figure 12.
No complaints were
received for this reporting period in relation to Judicial Officers.
As Niue does not have Judges working
full-time, this has been calculated on the basis of average number of cases
filed per sitting day.
During 2013-2014, 391 cases were filed in the
Niue High Court. There was six court staff in the Niue High Court. This is an
average of 65 cases filed for each of the six court staff in the Niue High
Court.
The Niue High Court's
Annual Report is made publically available on the PacLII website
(www.paclii.org).
The Chart below sets out the restructuring
occurring in the Transformation Process of the Niue Government. The Director
General (DG) position is a new position and the DG is responsible for several Government
Departments - the Department of Justice is one of four other Departments in the
Ministry of Social Services (MoSS).
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