The legal system in New Zealand

In New Zealand, the judiciary system is based on the British Westminster model which provides for the separation of powers between the Legislature, the Executive and Judiciary. The ensures that justice is served with accountability and impartiality.

So, if you are involved in judicial court action in New Zealand, you will receive a fair and impartial trial.

There are four main types of courts where criminal and civil matters are heard, and a number of specialist courts.

• The Supreme Court
  This is the highest court in New Zealand and is the final court of appeal for both civil and criminal matters. The Supreme Court also determines the law on matters of particular public or legal significance. The Supreme Court is based in Wellington and can only sit as a bench of five judges to hear substantive cases. The five judges appointed to the Supreme Court bench are permanently appointed.
   
• Court of Appeal
  The Court of Appeal hears civil and criminal appeals arising from cases heard in the High Court, the District Court and the Employment Court. Its role is to determine the law of New Zealand and resolve conflicting court decisions. The Court of Appeal is located in Wellington but also has sites in Auckland and Christchurch.
   
• High Court
  The High Court deals with major crimes and the more significant civil claims. It also hears appeals from lower courts and tribunals. Judges of the High Court are based in Auckland, Wellington and Christchurch, but travel to other centres around the country.
   
• District Court
  There is a District Court in most major towns and every city. The District Court deals with extensive criminal and civil matters. Serious crimes such as rape or armed robbery can be transferred from the District Court to a High Court for trial.
   
• Specialist courts
  New Zealand has a number of specialist courts.
  
  • The Employment Court deals with employment disputes and labour relations.
  • Family Courts deal with matters such as divorce, custody of children, parental access, adoption and the care and protection of children.Youth Courts deal with offences committed by young people, aged between 13 and 17.
  • The Maori Land Court and Maori Appellate Court deals with matters relating to Maori Land.
  • The Environment Court deals with resource management, planning and land development matters.

In addition to these courts, there are also more than 100 tribunals, authority boards and committees that deal with a wide range of issues such as censorship, tenancy disputes, taxation and Treaty of Waitangi matters.

Trial by judge or jury

In New Zealand, people generally have the right to choose a trial by jury. In some cases, such as traffic offences, the case will be heard by a judge alone.4
Juries in New Zealand are selected at random from the Electoral Roll and any New Zealand resident or citizen aged between 20 and 65 can be called for jury service. Jurors receive a small daily allowance while serving on a jury.

Judges are appointed by the Governor-General, generally on the advice of the Attorney-General. Judges can only be removed from office by the Governor-General, and for judges in the Supreme Court, the Court of Appeal and High Court, this requires a recommendation from the House of Representatives.

Justices of the Peace

Justices of the Peace (JPs) can adjudicate over minor criminal and traffic charges in the District Court. They also carry out community functions such as witnessing documents and statutory declarations.

Justices of the Peace are appointed by the Governor-General on the recommendation of the Minister of Justice, after being nominated by their Member of Parliament. There are about 10,000 JPs in New Zealand.

Lawyers and legal assistance

Legal services in New Zealand are provided by lawyers who act as barristers or solicitors.

• A barrister deals with court work.
• A solicitor deals with other legal work that does not require them to represent their clients in court.

Some legal work can be done only by lawyers, while other work of a legal nature may be done by lawyers or non-lawyers. Lawyers must have a practising certificate issued by the New Zealand Law Society.

Lawyers are required to treat all business as confidential, provide independent advice and use their skill for their clients’ benefit.

Legal fees vary widely, and it is always advisable to ask about likely fees before commissioning any legal work.

Free legal aid

Free legal aid is available to assist people who can’t afford to pay for legal services.. It is available only for matters that can’t be resolved without a lawyer representing a person in court or being able to settle a matter out of court. It is not available for divorce or simply just to have a discussion with a lawyer.

Human Rights

New Zealand is a modern, democratic country in which human rights are protected. The Human Rights Commission is a government organisation set up to work for a fair, safe and just society, where diversity is valued and human rights are respected.

It is an independent agency responsible for investigating complaints about discrimination and other human rights issues, and to resolve disputes and eliminate unfair and illegal practices.

Another independent agency that addresses rights and fairness is the Office of the Ombudsman. Its main function is to assist people with requests for official information and to deal with complaints about local or central government agencies.

More information

New Zealand courts and justice system

www.justice.govt.nz
www.courtsofnz.govt.nz

Lawyers and legal aid

To find a lawyer, search ‘Lawyers’ and “Barrister & Solictors’ in the Yellow Pages at www.yellow.co.nz.

Or visit the Law Society at www.law.society.org.nz.

For information about legal aid and community law centres see ww.lsa.govt.nz

Human rights

The Human Rights Commission
The Office of the Ombudsman