LAWS 206 - Tribunals

Front

What are tribunals?

Back

Tribunals are a mechinism for delivering specialist, adminisitrative justice in NZ.

Front

What are some of the ways that tribunals are similar to courts?

Back

Tribunals are simmilar to courts, in that they provide a simmilar type of justice to the courts (e.g. tribunals have judges sitting on a bench to hear cases etc.)

Front

What is one way that tribunals are different to courts?

Back

Unlike the courts in NZ, which broadly distinct cases based on wether they are civil or criminal in nature, a tribunal hears/ decides cases based on the type of litigation that has arised. This means that disputes against the executive arising out of taxation issues, immigration issues etc., all have diffrent tribunals that specialise in hearing/deciding such cases.

Front

What is the second way that tribunals are different to courts?

Back

Tribunals are not part of the judiciary, instead they are part of the executive.

Front

What is the third way that tribunals are different to courts?

Back

Tribunals are not as adverserial as the courts in NZ, instead they are inquisitorial, and precedent is often not applied in tribunals.

Front

What is the second to last way that tribunals are different to courts?

Back

Unlike courts in NZ, tribunals, don't have to follow the formal procedures of the judicary to hear every case.

Front

What is the last way that tribunals are different to courts?

Back

Unlike a court of law in NZ, tribunals do not require the citizen to be legally represented in order for their case to have a valid chance of succeding.

Front

What is the first benefit of the distiction between courts and tribunals?

Back

Because common law judges in courts are generalist, not specialists, tribunals have an advantage by being distinct from courts in this way. This is because certain disputes between citizens and the executive (such as disputes revolving around taxation) can be too technically complex for a court, which is why a tribunal is a far more effective administrative justice mechinism, because it can give more effective judgements on the special issues arising out of the various decions of the executive than the ordinary court of law.

Front

What is the second benefit of the distiction between courts and tribunals?

Back

Special issues such as family issues should not be made public in a genralist court of law, which is why specialist tribunals are where these type of cases are best heard because they can keep certain special issues a secret.

Front

What is the third benefit of the distiction between courts and tribunals?

Back

Tribunals can also provide specific precedent to decide simmilar future special cases, which an ordinary court of law cannot do.