High Court of Tuvalu

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High Court of Tuvalu
Coat of arms of Tuvalu.svg
Established 1978
Country Tuvalu Tuvalu
Location Funafuti
Authorized by Constitution of Tuvalu
Decisions are appealed to Court of Appeal of Tuvalu
Number of positions 1
Chief Justice
Currently The Hon Sir Gordon Ward
Since 2001
Coat of arms of Tuvalu.svg
This article is part of a series on the
politics and government of
Tuvalu
Main article: Tuvalu

The High Court of Tuvalu is the superior court as it has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts.[1] The High Court of Tuvalu has general jurisdiction and responsibility, as authorised by sections 120 to 133 of the Constitution of Tuvalu. The jurisdiction of the High Court extends over both criminal and civil matters, and deals with cases at first instance or on appeal from the lower courts. The administration of the court is set out in Superior Courts Act (1987) and the admiralty jurisdiction is addressed in the Admiralty Jurisdiction (Tuvalu) Order (1975).

There are eight Island Courts and Lands Courts; appeals in relation to land disputes are made to the Lands Courts Appeal Panel. Appeals from the Island Courts and the Lands Courts Appeal Panel are made to the Magistrates Court, which has jurisdiction to hear civil cases involving up to $10,000.

Jurisdiction of the High Court in constitutional matters[edit]

Section 5 of the Constitution establishes the jurisdiction of the High Court in constitutional matters; with sections 40 to 42 confirming the jurisdiction of the High Court to determine questions in relation to the Bill of Rights is set out in Part II of the Constitution.

Chief Justice of Tuvalu[edit]

Tuvalu appoints an experienced judicial officer from another country as the Chief Justice. As the Chief Justice does not live in Tuvalu, sittings of the High Court are scheduled to occur once or twice a year – depending on whether there are matters listed for hearing.

Sir Gordon Ward is the current Chief Justice of Tuvalu.[2] Sir Gaven Donne, who retired in 2001, is the former Chief Justice of Tuvalu.

Hon. Robin Millhouse QC, of Australia, acted as the Chief Justice of Tuvalu in February 2014 as the Fijian government had refused to provide Sir Gordon Ward with a visa that would allow him to travel from New Zealand to Fiji and then to transit to Tuvalu.[3]

Court of Appeal of Tuvalu[edit]

Rulings of the High Court can be appealed to the Court of Appeal of Tuvalu.

References[edit]

  1. ^ "Tuvalu Courts System Information". PACLII. Retrieved 10 March 2014. 
  2. ^ "Tuvalu govt yet to address Fiji travel ban on Chief Justice". Radio New Zealand International. 14 August 2013. Retrieved 14 August 2013. 
  3. ^ "Tuvalu Judge unable to transit via Fiji". Cook Islands News. Retrieved 28 April 2014. 

Further reading[edit]

  • Jennifer Corrin-Care, Tess Newton and Don Paterson (1999), Introduction to South Pacific Law, London: Cavendish Publishing 

External links[edit]