19 May 2012
Legal Help
The legal system in New Zealand is based on the British Westminster system, which provides for the separation of powers between the Legislature, the Executive and Judiciary. This ensures that justice is accountable and impartial.
There are four main types of courts where criminal and civil matters are heard, and a number of specialist courts.
- The Supreme Court
The highest court in New Zealand and the final court of appeal for both civil and criminal matters. - Court of Appeal
Hears civil and criminal appeals arising from cases heard in the High Court, the District Court and the Employment Court. - High Court
Deals with major crimes and the more significant civil claims. It also hears appeals from lower courts and tribunals. - District Court
There is a District Court in most major towns and every city and it deals with extensive criminal and civil matters. - Specialist courts
These include Family Courts; the Employment Court which deals with employment disputes and labour relations; and the Environment Court for 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.
The Treaty of Waitangi
In doing business and investing in New Zealand, you may well come into contact with the requirements of The Treaty of Waitangi.
Signed on 6 February 1840 between representatives of the British Crown and Maori chiefs, it is recognised as the first immigration agreement between Maori and Pakeha (European settlers). It is considered a ‘living’ agreement, with three main points:
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Government makes law
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Maori resources and way of life are protected
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The basic rights of all people within Aoteoroa New Zealand are protected.
Today it is protected by the Waitangi Tribunal which adjudicates on matters regarding the Treaty and makes recommendations on claims brought by Maori relating to actions or omissions of the Crown, which breach the promises made in the Treaty of Waitangi.
Legal services in New Zealand
Legal services in New Zealand are provided by lawyers who act as barristers or solicitors.
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A barrister deals with court work.
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A solicitor deals with other legal work that does not require them to represent their clients in court.
All lawyers in New Zealand must have a practising certificate issued by the New Zealand Law Society. All lawyers are regulated by the Society when they provide any legal services, conveyancing services or services provided by undertaking the work of a real estate agent.
Lawyers are required to treat all business as confidential, provide independent advice and use their skill for their clients’ benefit.
Currently there are more than 10,500 lawyers in New Zealand. More than 40 percent are women. Around 70 percent of lawyers in New Zealand work in private practice. Legal fees vary widely, and it is always advisable to ask about likely fees before commissioning any legal work.
Contact details of all registered lawyers, and their area of practice, are available from the New Zealand Law Society at www.nzls.org.nz.
