Where a claim is heard
Civil Law - Where a claim is heard
Not all civil cases are heard in court, as all parties may agree on a solution. For civil cases that do make it to court, New Zealand has a number of courts and a tribunal that can hear the claim:
Disputes Tribunal
The Disputes Tribunal is a small claims forum which provides New Zealanders with a quick, inexpensive, informal and private way to help resolve a wide range of civil disputes.
Disputes Tribunals are not like the formal courts. There are no lawyers or judges. A referee will encourage both parties to discuss the dispute and may suggest ways to settle it. If an agreement is not reached, the referee will make a decision. Referees are required to give either oral or written reasons for their decision.
There are very limited rights of appeal from referees' decisions.
The Disputes Tribunal hears claims for less than $15,000 (or $20,000 if both parties agree). A claim must be disputed before it can be heard in the Tribunal. This means you cannot bring a debt recovery claim to the Tribunal.
District Court
The District Court hears civil cases and criminal cases.
In the civil jurisdiction, claims for under $200,000 may be heard at the District Court. There are 64 District Courts throughout New Zealand.
High Court
The High Court has virtually unlimited jurisdiction in civil cases, but generally deals only with those civil claims that exceed $200,000, or where particularly complex issues are involved.
The High Court generally hears cases about issues like company law, bankruptcy, the administration of estates and trusts, property transfer and land valuation.
There is one High Court in New Zealand, but there are 19 registries where cases can be heard throughout the country.
Court of Appeal
People who have had an unsuccessful case in the High Court can take it to the Court of Appeal. The Court also hears appeals from the District Court or questions of law from the Employment Court.
The Court of Appeal was formed in 1862 and permanently established in 1957. It is based in Wellington and also sits in Auckland and Christchurch.
Supreme Court
The Supreme Court deals with civil appeals from cases heard in the Court of Appeal.
The new Supreme Court began hearing cases in July 2004. Before this date, cases were heard by the Privy Council in London.
