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District Court
The court most Papua New Guineans actually use. It deals with summary offences, commits the serious ones to the National Court, decides civil claims up to its money limit, and sits as the Family Court under the Lukautim Pikinini Act 2015.
Where it comes from
(1) Acts of the Parliament may establish, or provide for the establishment of, courts within the National Judicial System in addition to the Supreme Court and the National Court, and may define their powers, functions and jurisdictions and their relationship with other components of the System.
(3) Full-time members of such courts are appointed by the Judicial and Legal Services Commission, and may be removed only for incapacity or misbehaviour.
A Magisterial Service is established, consisting of the Chief Magistrate, all other members of courts established under section 172, and such other persons employed in connection with the National Judicial System.
The District Court is constituted under the District Courts Act (Chapter 40), which sets out its criminal and civil jurisdiction, its monetary limits, and its practice and procedure. Its magistrates are members of the Magisterial Service under Constitution section 173.
The District Courts Act (Chapter 40) is not available on PacLII at the time of writing, so no link is given for it here. Monetary limits and fees are set by that Act and by regulations, and they change — check the current position at the court registry.
Criminal jurisdiction
| Function | What happens |
|---|---|
| Summary offences | Tried and determined by a magistrate, without a jury and without an indictment |
| Indictable offences triable summarily | Some offences may be dealt with summarily where the Act allows — see, for example, which cybercrime offences a District Court can hear |
| Committal proceedings | For offences that must be tried on indictment, the District Court decides whether there is sufficient evidence to commit the accused to the National Court — see committal proceedings and bail |
| Bail | In most cases; the most serious charges go to the National Court — see bail money, guarantors and conditions |
| Warrants | Search warrants and warrants of arrest |
At a committal the District Court is not deciding guilt. It is deciding whether the evidence is sufficient to put the accused on trial in the National Court.
Constitution section 37 protects the accused throughout: the presumption of innocence in s 37(4)(a), the right to be informed of the charge, and the right to a fair hearing within a reasonable time by an independent and impartial tribunal.
Where the accused is a child, the Juvenile Justice Act 2014 applies — and section 119(b) of the Lukautim Pikinini Act 2015 directs that it does.
Civil jurisdiction
The District Court hears civil claims up to the limit fixed by the District Courts Act. Claims above it belong in the National Court, which under Constitution section 166(1) is a court of unlimited jurisdiction.
The advantages of the District Court are real: it sits in every district centre, its procedure is simpler, and it is far cheaper. The limit is the constraint.
Appeals from the District Court lie to the National Court.
The Family Court
(1) The Minister may, on the advice of the Judicial and Legal Services Commission, by notice in the National Gazette, establish a Family Court in and for a specified area.
(3) All District Court Magistrates shall be deemed as Family Court magistrates.
(5) The practice and procedure of the District Courts shall apply to the Family Court with relevant modifications where necessary.
Because every District Court magistrate is deemed a Family Court magistrate, the Family Court sits wherever a District Court sits.
Under section 88 it has jurisdiction over child protection, parenting orders (custody), maintenance of a child and parent, access, guardianship and matters relating to an adopted child.
That matters because the Matrimonial Causes Act (Chapter 282), which operates only in the National Court, excludes customary marriages entirely. For most Papua New Guinean families, the Family Court is the only realistic route.
Proceedings are begun by complaint, may be conducted informally and without regard to legal forms, and appeals lie to the National Court within 40 days.
Other work in the District Court
Maintenance orders registered from the National Court. Section 88 of the Matrimonial Causes Act allows a maintenance order to be registered in a court of summary jurisdiction and enforced there.
Attachment of earnings. Schedule 2 of that Act allows an application to the National Court or to a court in which the order is registered — see attachment of earnings orders.
Adultery and enticement. The Adultery and Enticement Act 1988 defines “Court” as a District Court — see that Act.
Coronial inquiries. A report of the death of a child in a licensed place goes to the police, who report to the coroner or a magistrate — see section 75 of the Lukautim Pikinini Act 2015.
- The National Judicial System
- The Family Court
- The National Court · Courts at provincial and local level
- Criminal law · Civil claims and court procedure
Sources
- Constitution — ss 37, 155, 158, 172, 173
- District Courts Act (Chapter 40) — not available on PacLII
- Lukautim Pikinini Act 2015 — ss 87–96, 115
- Matrimonial Causes Act (Chapter 282) — ss 4, 88
- Juvenile Justice Act 2014