High Court of Tuvalu
| High Court of Tuvalu | |
|---|---|
 |
|
| Established | 1978 |
| Country |
Tuvalu 
|
| Location | Funafuti |
| Authorized by | Constitution of Tuvalu |
| Decisions are appealed to | Court of Appeal of Tuvalu |
| No. of positions | 3 |
| Chief Justice | |
| Currently | The Hon Charles Sweeney QC FTI FAICA |
| Since | 2016 |
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.
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.
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.
Amasone v. Attorney General was a judgment of Ward CJ delivered on 6 August 2003. The leader of the opposition requested an order regarding the calling of parliament. The Chief Justice delivered directions as to how the governor-general should proceed to take any action he considers to be appropriate under Section 116(1) of the Constitution, acting in his own deliberate judgment, rather than as advised by the cabinet. That is, the governor-general could consider whether it was appropriate to exercise his reserve powers in calling parliament.
Teonea v. Pule o Kaupule of Nanumaga was a judgment of Ward CJ given delivered 11 October 2005. The case raised issues in relation to the balancing the freedoms of religion, expression and association that are set out in the Constitution of Tuvalu against the values of Tuvaluan culture and social stability that are also referred to in the Constitution. This matter went on appeal to the Court of Appeal of Tuvalu.
The Chief Justice is The Hon Charles Sweeney QC FTI FAICA. He succeeded Sir Gordon Ward in early 2016.
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