Library Guides: Papua New Guinea Law: Case Law

PNG Judgments

PacLii
Judgments are available through PACLII for courts including:
~ Supreme Court of Papua New Guinea (1946- )
~ National Court of Papua New Guinea (1974- )
~ District Court of Papua New Guinea (1995-2010)
~ Papua New Guinea Local Land Court (2006-2008)
~ Central Court of the Territory of New Guinea (1930, 1932)

Papua New Guinea Law Reports

Papua New Guinea Law Reports contain cases determined in the National Court of Justice and the Supreme Court of Justice.

PacLii
~ Decisions from 1963 to 2005 are available
~ An index to the Papua New Guinea Law Reports

Papua New Guinea law reports by Law Book Co
Call Number: UniM Law REP
The Law Library holds this law report series in hard copy from 1990 to 1998 (see catalogue record).

PNG Courts

The PNG court system comprises a two-tiered system of courts of general jurisdiction:

Supreme Court of Justice (established by s 160(1) of the Constitution) – the highest court in Papua New Guinea. It is a superior court of record. The Supreme Court hears appeals from the National Court, and can also review National Court decisions. Section 18 of the Constitution provides that the Supreme Court has original and exclusive jurisdiction as to any question relating to the interpretation or application of any provision of Constitution and other Constitutional laws.
National Court of Justice (which includes courts located in the provincial capitals) was established by s 163(1) of the Constitution. It is a superior court of record, has original jurisdiction as a trial court, and appellate jurisdiction to hear appeals from the District Courts.

National and Supreme Courts of Papua New Guinea

Other Courts

Section 172(1) of the Constitution provides that Acts of Parliament may establish other courts within the National Judicial System. Section 172(2) provides that such courts may include courts intended to deal with matters primarily by reference to custom or in accordance with customary procedures, or both. The Magisterial Service is established by s 173 – it is responsible for other courts established under s 172.

See more information on the Department of Justice and Attorney General website. These courts are District Courts and include:

Department of Justice and Attorney General Papua New Guinea
Look under the 'Justice Administration' tab
~ Land Court - created by the Land Disputes Settlement Act 1975 (as amended) for the settlement of disputes in relation to interest in customary land;
~ Juvenile Court – originally established by the Juvenile Courts Act 1991. This Act has been repealed and replaced by the Juvenile Justice Act 2014 – the Juvenile Court is now established by s 14 of the 2014 Act; and
~ Coroner’s Court - established by the Coroners Act 1953 as amended.
~ The Village Courts Act 1989 provides for the establishment of village courts by the Minister on request from the local community.
National and Supreme Courts of Papua New Guinea
The National and Supreme Courts of Papua New Guinea website states that the National Judicial System includes other special courts such as Military Courts, Taxation Courts, Mining Warden Courts, Traffic Courts, Committal Courts and Grade five courts.