What Is the National Court's Jurisdiction?

The National Court is where most serious litigation in Papua New Guinea happens. Sections 163 to 167 of the Constitution establish it and define what it can do.

Section 163 — a superior court of record

A National Court of Justice is established. Like the Supreme Court, it is a superior court of record and, subject to any Act, has the power to punish contempt of court.

Section 166 — unlimited jurisdiction

Section 166(2) then identifies particular jurisdictions:

• (a) section 22 — enforcement of the Constitution, including the power to supply missing machinery for constitutional rights and duties;
• (b) Subdivision III.3.D — enforcement of Basic Rights under sections 57 and 58;
• (c) section 155 — the National Judicial System,

and otherwise as provided by the Constitution or any other law — principally the National Court Act (Chapter 38).

Jurisdiction may be exercised by a single Judge or by several sitting together, by different Judges at the same time, and either in court or in chambers (ss 166(3)–(5)).

Section 155(3) — the power of review

The National Court:

• (a) has an inherent power to review any exercise of judicial authority; and
• (b) has such other jurisdiction and powers as are conferred by the Constitution or any law,

except where (c) jurisdiction is conferred on the Supreme Court to the exclusion of the National Court; (d) the Supreme Court assumes jurisdiction under section 155(4); or (e) the power of review is removed or restricted by a Constitutional Law or an Act.

Section 155(5) is also one of the express exceptions to the non-justiciability of acts done in “deliberate judgement” under section 62.

Sections 164 and 165 — composition and acting Judges

The National Court consists of the Chief Justice, the Deputy Chief Justice, and — subject to section 165(2) — not less than four or more than six other Judges, or such greater number as is determined by or under an Act.

Section 165 provides for acting Judges, appointed to fill a vacancy temporarily, to cover a Judge’s absence, or to meet a temporary unexpected workload or other exigency. An appointment for the third reason may be made without reference to the numerical limit in section 164.

• No acting appointment may continue for more than 12 months, but one extension of up to 12 months may be granted by the Judicial and Legal Services Commission (s 170(3)).
• The question whether the occasion for appointing an acting Judge has arisen or ceased is non-justiciable (s 170(4)).
• Acting Judges are excluded from the Supreme Court under section 161(1), and rank after the other Judges in seniority (s 171(2)).

Section 167 allows an Act to provide for Assistant Judges of the National Court, and for their qualifications, powers, functions and terms of employment.

What the National Court actually hears

• Serious criminal trials on indictment, following committal in the District Court.
• Civil claims beyond the monetary limits of the District Court, and claims of any kind by reason of its unlimited jurisdiction.
• Judicial review of administrative and judicial decisions, under section 155(3) and the Rules of Court.
• Enforcement of Basic Rights under section 57 — including on its own initiative — and damages under section 58.
• Complaints of unlawful or unreasonable detention under section 42(5), and bail applications under section 42(7)(b).
• Election petitions under the Organic Law on National and Local-level Government Elections.
• Appeals from the District Court and other courts, as provided by law.
• Sanctions under section 23 for breach of a Constitutional Law where no other enforcement is provided.