ABSTRACT

The High Court has original jurisdiction to deal with matters outside the jurisdiction of the commissioner.230 It also has jurisdiction to hear appeals from civil judgments of a commissioner.231 In addition, it has jurisdiction to hear appeals from decisions of a commissioner relating to criminal matters. However, there is no appeal as of right in relation to minor criminal matters (offences punishable by imprisonment of up to three months or by a fine of up to $150). Appeals in relation to such offences may be made under regulations passed pursuant to the Tokelau Act 1948.232

Civil jurisdiction

A commissioner’s territorial jurisdiction extends to: • the island for which that commissioner is appointed; and • the territorial sea of Tokelau that surrounds that island.233