93-437: An appellate court , commonly called a court of appeal(s) , appeal court , court of second instance or second instance court , is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to
186-779: A court of errors (or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and
279-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
372-541: A government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of
465-518: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or
558-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
651-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
744-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as
837-407: A decision made by the insurer. Two of the buildings demolished were about eleven years old – the seven-storey NZDF headquarters and Statistics House at Centreport on the waterfront. The docks were closed for several weeks after the earthquake. Steep landforms shape and constrain much of Wellington city. Notable hills in and around Wellington include: Averaging 2,055 hours of sunshine per year,
930-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
1023-678: A magnitude 7 quake, but as it happens slowly, there is no damage. During July and August 2013 there were many earthquakes, mostly in Cook Strait near Seddon. The sequence started at 5:09 pm on Sunday 21 July 2013 when the magnitude 6.5 Seddon earthquake hit the city, but no tsunami report was confirmed nor any major damage. At 2:31 pm on Friday 16 August 2013 the Lake Grassmere earthquake struck, this time magnitude 6.6, but again no major damage occurred, though many buildings were evacuated. On Monday 20 January 2014 at 3:52 pm
SECTION 10
#17327656035361116-504: A major fault, the Wellington Fault , running through the centre of the city and several others nearby. Several hundred minor faults lines have been identified within the urban area. Inhabitants, particularly in high-rise buildings, typically notice several earthquakes every year. For many years after the 1855 earthquake, the majority of buildings were made entirely from wood. The 1996-restored Government Buildings near Parliament
1209-400: A population density of 1,900 people per km . The urban area had a population of 201,708 in the 2023 New Zealand census , a decrease of 84 people (−0.0%) since the 2018 census , and an increase of 11,595 people (6.1%) since the 2013 census . There were 97,143 males, 101,898 females and 2,667 people of other genders in 77,472 dwellings. 9.0% of people identified as LGBTIQ+ . The median age
1302-569: A population density of 743 people per km . This comprises 214,200 people in the Wellington urban area and 1,100 people in the surrounding rural areas. Wellington City had a population of 202,689 in the 2023 New Zealand census , a decrease of 48 people (−0.0%) since the 2018 census , and an increase of 11,733 people (6.1%) since the 2013 census . There were 97,641 males, 102,372 females and 2,673 people of other genders in 77,835 dwellings. 9.0% of people identified as LGBTIQ+ . The median age
1395-545: A population of 214,200 as of June 2024. The wider Wellington metropolitan area , including the cities of Lower Hutt , Porirua and Upper Hutt , has a population of 440,700 as of June 2024. The city has served as New Zealand's capital since 1865, a status that is not defined in legislation, but established by convention; the New Zealand Government and Parliament , the Supreme Court and most of
1488-411: A rolling 6.2 magnitude earthquake struck the lower North Island 15 km east of Eketāhuna and was felt in Wellington, but little damage was reported initially, except at Wellington Airport where one of the two giant eagle sculptures commemorating The Hobbit became detached from the ceiling. At two minutes after midnight on Monday 14 November 2016, the 7.8 magnitude Kaikōura earthquake , which
1581-466: A small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals . Both terms are used in the United States, but the plural form
1674-638: A time when New Zealand's population was 1.6 million. Wellington is at the south-western tip of the North Island on Cook Strait , separating the North and South Islands. On a clear day, the snowcapped Kaikōura Ranges are visible to the south across the strait. To the north stretch the golden beaches of the Kāpiti Coast . On the east, the Remutaka Range divides Wellington from the broad plains of
1767-512: A time) on the flat area at the mouth of the Hutt River . Within months that area proved swampy and flood-prone, and most of the newcomers transplanted their settlement across Wellington Harbour to Thorndon in the present-day site of Wellington city. Wellington was declared a city in 1840, and was chosen to be the capital city of New Zealand in 1865 . Wellington became the capital city in place of Auckland , which William Hobson had made
1860-589: Is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include
1953-456: Is about 1280. Wellington and its environs have been occupied by various Māori groups from the 12th century. The legendary Polynesian explorer Kupe, a chief from Hawaiki (the homeland of Polynesian explorers, of unconfirmed geographical location, not to be confused with Hawaii ), was said to have stayed in the harbour from c. 925 . A later Māori explorer, Whatonga, named the harbour Te Whanganui-a-Tara after his son Tara. Before
SECTION 20
#17327656035362046-614: Is available between its harbour and the surrounding hills. It has very few open areas in which to expand, and this has brought about the development of the suburban towns. Because of its location in the Roaring Forties and its exposure to the winds blowing through Cook Strait , Wellington is the world's windiest city, with an average wind speed of 27 km/h (17 mph). Wellington's scenic natural harbour and green hillsides adorned with tiered suburbs of colonial villas are popular with tourists. The central business district (CBD)
2139-687: Is chiefly served by Wellington International Airport in Rongotai , the country's third-busiest airport . Wellington's transport network includes train and bus lines which reach as far as the Kāpiti Coast and the Wairarapa , and ferries connect the city to the South Island . Often referred to as New Zealand's cultural capital, the culture of Wellington is a diverse and often youth-driven one which has wielded influence across Oceania . One of
2232-501: Is close to Lambton Harbour, an arm of Wellington Harbour , which lies along an active geological fault , clearly evident on its straight western shore. The land to the west of this rises abruptly, meaning that many suburbs sit high above the centre of the city. There is a network of bush walks and reserves maintained by the Wellington City Council and local volunteers. These include Otari-Wilton's Bush , dedicated to
2325-765: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. The Court of Appeal of New Zealand, located in Wellington ,
2418-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
2511-519: Is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions have titled their appellate court
2604-466: Is notorious for its southerly blasts in winter, which may make the temperature feel much colder. It is generally very windy all year round with high rainfall; average annual rainfall is 1,250 mm (49 in), June and July being the wettest months. Frosts are quite common in the hill suburbs and the Hutt Valley between May and September. Snow is very rare at low altitudes, although snow fell on
2697-401: Is now part of the central business district. For this reason, the street named Lambton Quay is 100 to 200 metres (325 to 650 ft) from the harbour – plaques set into the footpath mark the shoreline in 1840 , indicating the extent of reclamation. The 1942 Wairarapa earthquakes caused considerable damage in Wellington. The area has high seismic activity even by New Zealand standards, with
2790-471: Is the largest wooden building in the Southern Hemisphere. While masonry and structural steel have subsequently been used in building construction, especially for office buildings, timber framing remains the primary structural component of almost all residential construction. Residents place their confidence in good building regulations , which became more stringent in the 20th century. Since
2883-645: The Asia-Pacific region, being ranked 46th in the world by the Global Financial Centres Index for 2024. The global city has grown from a bustling Māori settlement, to a colonial outpost, and from there to an Australasian capital that has experienced a "remarkable creative resurgence". Wellington takes its name from Arthur Wellesley , the first Duke of Wellington and victor of the Battle of Waterloo (1815): his title comes from
Appellate court - Misplaced Pages Continue
2976-665: The Chatham Islands . The Waitangi Tribunal has found that at the time of the signing of the Treaty of Waitangi in 1840, Te Ātiawa, Taranaki, Ngāti Ruanui, Ngāti Tama, and Ngāti Toa held mana whenua interests in the area, through conquest and occupation. Steps towards European settlement in the area began in 1839, when Colonel William Wakefield arrived to purchase land for the New Zealand Company to sell to prospective British settlers. Prior to this time,
3069-698: The National Archives , the National Library , New Zealand's national museum, Te Papa and numerous theatres. It plays host to many artistic and cultural organisations, including the New Zealand Symphony Orchestra and Royal New Zealand Ballet . Its architectural attractions include the Old Government Buildings – one of the largest wooden buildings in the world – as well as the iconic Beehive ,
3162-552: The Remutaka Range . Wellington is the third-largest city in New Zealand, and is the administrative centre of the Wellington Region . It is the world's southernmost capital of a sovereign state . Wellington features a temperate maritime climate, and is the world's windiest city by average wind speed . Māori oral tradition tells that Kupe discovered and explored the region in about the 10th century. The area
3255-639: The Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to the Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . In the United States, both state and federal appellate courts are usually restricted to examining whether
3348-462: The Wairarapa , a wine region of national notability. With a latitude of 41° 17' South, Wellington is the southernmost capital city in the world . Wellington ties with Canberra , Australia, as the most remote capital city, 2,326 km (1,445 mi) apart from each other. Wellington is more densely populated than most other cities in New Zealand due to the restricted amount of land that
3441-529: The Wairarapa Fault to the north and east of Wellington. It was probably the most powerful earthquake in recorded New Zealand history, with an estimated magnitude of at least 8.2 on the Moment magnitude scale . It caused vertical movements of two to three metres over a large area, including raising land out of the harbour and turning it into a tidal swamp. Much of this land was subsequently reclaimed and
3534-692: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
3627-416: The world's most liveable cities , the 2021 Global Livability Ranking tied Wellington with Tokyo as fourth in the world. From 2017 to 2018, Deutsche Bank ranked it first in the world for both livability and non-pollution. Cultural precincts such as Cuba Street and Newtown are renowned for creative innovation, " op shops ", historic character, and food . Wellington is a leading financial centre in
3720-399: The "clear error" standard. Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to
3813-632: The 1820s, most of the inhabitants of the Wellington region were Whatonga's descendants. At about 1820, the people living there were Ngāti Ira and other groups who traced their descent from the explorer Whatonga, including Rangitāne and Muaūpoko . However, these groups were eventually forced out of Te Whanganui-a-Tara by a series of migrations by other iwi (Māori tribes) from the north. The migrating groups were Ngāti Toa , which came from Kāwhia , Ngāti Rangatahi, from near Taumarunui , and Te Ātiawa , Ngāti Tama , Ngāti Mutunga , Taranaki and Ngāti Ruanui from Taranaki . Ngāti Mutunga later moved on to
Appellate court - Misplaced Pages Continue
3906-568: The Canterbury earthquakes of 2010 and 2011 , earthquake readiness has become even more of an issue, with buildings declared by Wellington City Council to be earthquake-prone, and the costs of meeting new standards. Every five years, a year-long slow quake occurs beneath Wellington, stretching from Kapiti to the Marlborough Sounds . It was first measured in 2003, and reappeared in 2008 and 2013. It releases as much energy as
3999-571: The Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to
4092-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
4185-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
4278-508: The Mercer worldwide Cost of Living Survey. In 2019, Mercer ranked cities on personal safety, including internal stability, crime levels, law enforcement, limitations on personal freedom, relationships with other countries and freedom of the press. Wellington shared ninth place internationally with Auckland. In addition to governmental institutions, Wellington accommodates several of the nation's largest and oldest cultural institutions, such as
4371-655: The Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland
4464-635: The Māori inhabitants had had contact with Pākehā whalers and traders. European settlement began with the arrival of an advance party of the New Zealand Company on the ship Tory on 20 September 1839, followed by 150 settlers on the Aurora on 22 January 1840. Thus, the Wellington settlement preceded the signing of the Treaty of Waitangi (on 6 February 1840). The 1840 settlers constructed their first homes at Petone (which they called Britannia for
4557-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
4650-566: The building was empty. The capital city is also the location of the highest court, the Supreme Court of New Zealand , and the historic former High Court building (opened 1881) has been enlarged and restored for its use. The Governor-General's residence, Government House (the current building completed in 1910) is situated in Newtown , opposite the Basin Reserve . Premier House (built in 1843 for Wellington's first mayor, George Hunter ),
4743-656: The capital in 1841 . The New Zealand Parliament had first met in Wellington on 7 July 1862, on a temporary basis; in November 1863, the Prime Minister of New Zealand , Alfred Domett , placed a resolution before Parliament in Auckland that "... it has become necessary that the seat of government ... should be transferred to some suitable locality in Cook Strait [region]." There had been some concerns that
SECTION 50
#17327656035364836-410: The case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review , an appellate court decides the extent of
4929-425: The census question. Of those at least 15 years old, 62,259 (36.0%) people had a bachelor's or higher degree, 66,273 (38.4%) had a post-high school certificate or diploma, and 24,219 (14.0%) people exclusively held high school qualifications. The median income was $ 55,400, compared with $ 41,500 nationally. 40,632 people (23.5%) earned over $ 100,000 compared to 12.1% nationally. The employment status of those at least 15
5022-425: The census question. Of those at least 15 years old, 62,484 (36.0%) people had a bachelor's or higher degree, 66,657 (38.4%) had a post-high school certificate or diploma, and 24,339 (14.0%) people exclusively held high school qualifications. The median income was $ 55,500, compared with $ 41,500 nationally. 40,872 people (23.6%) earned over $ 100,000 compared to 12.1% nationally. The employment status of those at least 15
5115-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur
5208-651: The city and many other parts of the Wellington region during separate events on 25 July 2011 and 15 August 2011. Snow at higher altitudes is more common, with light flurries recorded in higher suburbs every few years. On 29 January 2019, the suburb of Kelburn (instruments near the old Metservice building in the Wellington Botanic Garden ) reached 30.3 °C (87 °F), the highest temperature since records began in 1927. Wellington City covers 289.91 km (111.93 sq mi) and had an estimated population of 215,300 as of June 2024, with
5301-421: The climate of Wellington is temperate marine , ( Köppen : Cfb , Trewartha : Cflk ), generally moderate all year round with mild summers and cool to mild winters, and rarely sees temperatures above 26 °C (79 °F) or below 4 °C (39 °F). The hottest recorded temperature in the city is 31.1 °C (88 °F) recorded on 20 February 1896 , while −1.9 °C (29 °F) is the coldest. The city
5394-545: The deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify
5487-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
5580-657: The executive wing of Parliament Buildings as well as internationally renowned Futuna Chapel . The city's art scene includes many art galleries, including the national art collection at Toi Art at Te Papa. Wellington also has many events such as CubaDupa , Wellington On a Plate , the Newtown Festival , Diwali Festival of Lights and Gardens Magic at the Botanical Gardens. Wellington's urban area covers 112.71 km (43.52 sq mi) and had an estimated population of 214,200 as of June 2024, with
5673-419: The first time in the appeal. In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only
SECTION 60
#17327656035365766-502: The first time on 26 July 1865. At that time, the population of Wellington was just 4,900. The Government Buildings were constructed at Lambton Quay in 1876. The site housed the original government departments in New Zealand . The public service rapidly expanded beyond the capacity of the building, with the first department leaving shortly after it was opened; by 1975 only the Education Department remained, and by 1990
5859-463: The founders of the settlement, Edward Jerningham Wakefield , reported that the settlers "took up the views of the directors with great cordiality and the new name was at once adopted". In the Māori language , Wellington has three names: The legendary Māori explorer Kupe , a chief from Hawaiki (the homeland of Polynesian explorers, of unconfirmed geographical location, not to be confused with Hawaii ),
5952-497: The harbour is to the east of the Miramar Peninsula, and contains the dangerous shallows of Barrett Reef , where many ships have been wrecked (notably the inter-island ferry TEV Wahine in 1968 ). The harbour has three islands: Matiu/Somes Island , Makaro/Ward Island and Mokopuna Island . Only Matiu/Somes Island is large enough for habitation. It has been used as a quarantine station for people and animals, and
6045-399: The harbour. Wellington's status as the capital is a result of constitutional convention rather than statute. Wellington is New Zealand's political centre, housing the nation's major government institutions. The New Zealand Parliament relocated to the new capital city, having spent the first ten years of its existence in Auckland. A session of parliament officially met in the capital for
6138-433: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Wellington Wellington is the capital city of New Zealand . It is located at the south-western tip of the North Island , between Cook Strait and
6231-462: The lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals , which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for
6324-408: The lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for
6417-400: The lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than
6510-438: The matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by
6603-469: The more populous South Island (where the goldfields were located) would choose to form a separate colony in the British Empire . Several commissioners (delegates) invited from Australia, chosen for their neutral status, declared that the city was a suitable location because of its central location in New Zealand and its good harbour ; it was believed that the whole Royal Navy fleet could fit into
6696-433: The mouth of the narrow Cook Strait leaves it vulnerable to strong gales, leading to the nickname of "Windy Wellington". Legends recount that Kupe discovered and explored the region in about the 10th century. Before European colonisation, the area in which the city of Wellington would eventually be founded was seasonally inhabited by indigenous Māori . The earliest date with hard evidence for human activity in New Zealand
6789-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from
6882-597: The official residence of the prime minister , is in Thorndon on Tinakori Road. Over six months in 1939 and 1940, Wellington hosted the New Zealand Centennial Exhibition , celebrating a century since the signing of the Treaty of Waitangi . Held on 55 acres of land at Rongotai, it featured three exhibition courts, grand Art Deco-style edifices and a hugely popular three-acre amusement park. Wellington attracted more than 2.5 million visitors at
6975-613: The protection and propagation of native plants. The Wellington region has 500 square kilometres (190 sq mi) of regional parks and forests. In the east is the Miramar Peninsula , connected to the rest of the city by a low-lying isthmus at Rongotai , the site of Wellington International Airport . Industry has developed mainly in the Hutt Valley, where there are food-processing plants, engineering industries, vehicle assembly and oil refineries. The narrow entrance to
7068-469: The public service are based in the city. Wellington's economy is primarily service -based, with an emphasis on finance, business services, government, and the film industry. It is the centre of New Zealand's film and special effects industries, and increasingly a hub for information technology and innovation, with two public research universities. Wellington is one of New Zealand's chief seaports and serves both domestic and international shipping. The city
7161-804: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
7254-410: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of
7347-513: The state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which
7440-452: The town of Wellington in the English county of Somerset . It was named in November 1840 by the original settlers of the New Zealand Company on the suggestion of the directors of the same, in recognition of the Duke's strong support for the company's principles of colonisation and his "strenuous and successful defence against its enemies of the measure for colonising South Australia". One of
7533-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are
7626-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
7719-566: Was 34.9 years (compared with 38.1 years nationally). There were 28,986 people (14.4%) aged under 15 years, 54,912 (27.2%) aged 15 to 29, 94,272 (46.7%) aged 30 to 64, and 23,541 (11.7%) aged 65 or older. People could identify as more than one ethnicity. The results were 72.0% European ( Pākehā ); 9.8% Māori ; 5.7% Pasifika ; 20.5% Asian ; 3.6% Middle Eastern, Latin American and African New Zealanders (MELAA); and 2.1% other, which includes people giving their ethnicity as "New Zealander". English
7812-510: Was 34.9 years (compared with 38.1 years nationally). There were 29,142 people (14.4%) aged under 15 years, 55,080 (27.2%) aged 15 to 29, 94,806 (46.8%) aged 30 to 64, and 23,664 (11.7%) aged 65 or older. People could identify as more than one ethnicity. The results were 72.1% European ( Pākehā ); 9.8% Māori ; 5.7% Pasifika ; 20.4% Asian ; 3.6% Middle Eastern, Latin American and African New Zealanders (MELAA); and 2.1% other, which includes people giving their ethnicity as "New Zealander". English
7905-572: Was an internment camp during World War I and World War II. It is a conservation island, providing refuge for endangered species , much like Kapiti Island farther up the coast. There is access during daylight hours by the Dominion Post Ferry. Wellington is primarily surrounded by water, but some of the nearby locations are listed below. Wellington suffered serious damage in a series of earthquakes in 1848 and from another earthquake in 1855. The 1855 Wairarapa earthquake occurred on
7998-545: Was centred between Culverden and Kaikōura in the South Island, caused the Wellington CBD, Victoria University of Wellington , and the Wellington suburban rail network to be largely closed for the day to allow inspections. The earthquake damaged a considerable number of buildings, with 65% of the damage being in Wellington. Subsequently, a number of recent buildings were demolished rather than being rebuilt, often
8091-772: Was initially settled by Māori iwi such as Rangitāne and Muaūpoko . The disruptions of the Musket Wars led to them being overwhelmed by northern iwi such as Te Āti Awa by the early 19th century. Wellington's current form was originally designed by Captain William Mein Smith , the first Surveyor General for Edward Wakefield 's New Zealand Company , in 1840. Smith's plan included a series of interconnected grid plans , expanding along valleys and lower hill slopes. The Wellington urban area , which only includes urbanised areas within Wellington City, has
8184-483: Was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction. Court of law A court is any person or institution , often as
8277-477: Was said to have stayed in the harbour prior to 1000 CE. Here, it is said he had a notable impact on the area, with local mythology stating he named the two islands in the harbour after his daughters, Matiu (Somes Island) , and Mākaro (Ward Island) . In New Zealand Sign Language , the name is signed by raising the index, middle, and ring fingers of one hand, palm forward, to form a "W", and shaking it slightly from side to side twice. The city's location close to
8370-557: Was spoken by 96.3%, Māori language by 2.7%, Samoan by 1.7% and other languages by 23.4%. No language could be spoken by 1.6% (e.g. too young to talk). New Zealand Sign Language was known by 0.6%. The percentage of people born overseas was 34.4, compared with 28.8% nationally. Religious affiliations were 26.9% Christian , 3.8% Hindu , 1.8% Islam , 0.4% Māori religious beliefs , 1.7% Buddhist , 0.5% New Age , 0.3% Jewish , and 1.9% other religions. People who answered that they had no religion were 57.7%, and 5.2% of people did not answer
8463-557: Was spoken by 96.3%, Māori language by 2.7%, Samoan by 1.8% and other languages by 23.5%. No language could be spoken by 1.7% (e.g. too young to talk). New Zealand Sign Language was known by 0.6%. The percentage of people born overseas was 34.4, compared with 28.8% nationally. Religious affiliations were 26.9% Christian , 3.8% Hindu , 1.8% Islam , 0.4% Māori religious beliefs , 1.7% Buddhist , 0.5% New Age , 0.3% Jewish , and 1.9% other religions. People who answered that they had no religion were 57.6%, and 5.2% of people did not answer
8556-745: Was that 101,892 (59.0%) people were employed full-time, 24,063 (13.9%) were part-time, and 5,268 (3.0%) were unemployed. Wellington showcases a variety of architectural styles from the past 150 years – 19th-century wooden cottages, such as the Italianate Katherine Mansfield Birthplace in Thorndon; streamlined Art Deco structures such as the old Wellington Free Ambulance headquarters, the Central Fire Station, Fountain Court Apartments,
8649-515: Was that 102,369 (59.0%) people were employed full-time, 24,201 (13.9%) were part-time, and 5,283 (3.0%) were unemployed. Wellington ranks 12th in the world for quality of living, according to a 2023 study by consulting company Mercer. Of cities in the Asia–Pacific region, Wellington ranked third behind Auckland and Sydney. In 2024, Wellington was ranked as a highly affordable city in terms of cost of living , coming in at 145th out of 226 cities in
#535464