Going through the court process

High court

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Overview

All criminal cases start in the District Court or, if the person charged is under 18, in the Youth Court. A case may move to the High Court because of the type of charge, a court decision to transfer the case, or an appeal. 

Why cases move to the High Court

A case will move to the High Court if:

  • the defendant has been charged with a serious offence, such as murder or manslaughter
  • the case involves serious or complex offending
  • a judge has decided the case should be heard in the High Court
  • there has been an appeal against a decision made by another court, such as the District Court or Youth Court.

Some serious charges, including murder and manslaughter, can only be heard in the High Court. Other serious or complex cases may be considered for the High Court but can also be heard in the District Court.  

The category of the offence can affect whether a case is heard in the District Court or the High Court. Find out how the offence category affects which court hears a case:

Offence categories & types of trials | Ministry of Justice(external link)

Who can help you take part

Court Victim Advisors

A Court Victim Advisor can tell you about the court process and your rights as a victim. They can explain what may happen at court and how you can take part. They are a free and confidential service. 

A Court Victim Advisor does not give legal advice or counselling.  

Find out more information about Court Victim Advisors and other court staff who can help: 

Court staff who can help you

Interpreters 

If English is not your first language, or you are deaf, hearing impaired, blind or speech impaired, there are options for you. 

If you are participating in court proceedings, you do not have to pay for an interpreter or communications assistance arranged by the court. 

Find out about interpreters and communication assistance at court:

What to expect

In the High Court most criminal cases are heard by a jury, although some cases can be heard by a judge alone. In some cases, the High Court can also hear civil matters depending on the amount of money being claimed in a civil case. 

Find more information about High Court:

High Court | Courts of New Zealand(external link)

 

Financial help

If you are a victim in a criminal case, you do not pay court fees. You may be able to get help with other costs linked to taking part in the court process.   
 
There are different services that can offer financial help depending on the situation.  
 
Find out about what financial may be available: 

Financial help

Media coverage

High Court cases can attract media attention if the case is serious or has a high profile in the news media.

Find more information when there is media interest:

When there is media interest

After High Court

A High Court criminal case can end in different ways depending on what the judge and jury decides. The defendant may be found not guilty, the charges may be dismissed or withdrawn, or the offender may be sentenced after pleading guilty or being found guilty. 

If there has been an appeal 

Appeals from High Court criminal cases are usually heard by the Court of Appeal. Find out about the Court of Appeal and the cases it hears:

Court of Appeal | Victims Information

In some cases, the Supreme Court may consider a further appeal. The Supreme Court must first agree to hear the appeal.

Find out how cases are heard in the Supreme Court:

How cases are heard | Courts of New Zealand(external link)

Staying informed

Most things that may happen after sentencing in a High Court criminal case are similar to what can happen in criminal proceedings at the District Court. You may not need all of this information straight away, but these pages can help you understand what may happen next and how you may be kept informed after sentencing. 

Victim Notification Register

The Victim Notification Register can help victims get information about the offender after sentencing, such as sentencing details including some prison, home detention, and release, or parole events.

Find out how the Victim Notification Register works and who can apply:

Victim Notification Register | Department of Corrections(external link)

Parole hearings

In some cases, the New Zealand Parole Board may consider whether an offender can be released on parole. Registered victims may be told about upcoming hearings and invited to make a submission. 

Find out about parole hearings and how registered victims can take part:

Victims | New Zealand Parole Board(external link)