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Judiciary of New Zealand : ウィキペディア英語版
Judiciary of New Zealand

The judiciary of New Zealand is a branch of the government of New Zealand that interprets and applies the laws of New Zealand, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The system of courts has four levels: the six-member Supreme Court is the highest court; the ten-member Court of Appeal hears appeals from the High Court on points of law; the High Court deals with serious criminal offences and civil matters, and hears appeals from the lower courts; and the sixty six District Courts. There is also a separate Māori Land Court and Māori Appellate Court which have jurisdiction over Māori land cases〔(【引用サイトリンク】title=About the Māori Land Court )〕 under the ''Te Ture Whenua Maori Act 1993''. The Chief Justice of the Supreme Court is the head of the judiciary and is appointed by the Governor-General on the advice of the Prime Minister.〔(【引用サイトリンク】title=The Judiciary and the Courts )〕 All other superior court judges are appointed by the Governor-General on the advice of the Attorney-General, the Chief Justice, and the Solicitor-General.〔
The laws of New Zealand are based on English common law, some older statutes of the United Kingdom Parliament (notably the Bill of Rights 1689), statutes of the New Zealand Parliament and decisions of the New Zealand courts. The laws are based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers. In interpreting common law, New Zealand judges have followed British decisions, although they are not bound by them, thereby preserving uniformity with United Kingdom common law, bolstered by the long-term role of the Privy Council as the final court of appeal.
==History==
A Supreme Court was first established in 1841, followed by various lower courts including District Courts and Magistrates' Courts, with the latter coming into being in 1846. The Court of Appeal was set up in 1862 as the highest court in New Zealand, but consisted of panels of judges from the Supreme Court. Appeals could be taken from the Court of Appeal to the Privy Council in London. The District Courts were abolished in 1925 but later re-established. In 1957 the Court of Appeal was fully separated from the Supreme Court, by having its own judges. In 1980, the Supreme Court was renamed the High Court, reflecting its intermediate role. In October 2003, the House of Representatives passed the ''Supreme Court Act 2003'', establishing a new Supreme Court of New Zealand in Wellington in July 2004, and simultaneously ending the right of appeal to the Privy Council.
The Māori Land Court was established in 1865 under the ''Native Lands Act'', to "define the land rights of Māori people under Māori custom and to translate those rights or customary titles into land titles recognisable under European law".〔(【引用サイトリンク】title=Our History - Māori Land Court )〕 The court was criticised for enabling the removal of Māori from their land, partly due to holding proceedings in English and in cities far from Māori settlements, judges with inadequate knowledge of Māori custom, and partly due to the laws it enforced. Land law did not recognise that land was owned communally by Hapū (clans), and land ownership was put in the hands of a few people. In 1954 it was renamed the Māori Land Court. In the 1980s the judiciary played a major role in redefining the constitutional position of the Treaty of Waitangi.〔''New Zealand Maori Council v Attorney-General () 1 NZLR 641 (HC & CA) (case )''〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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