Civil Justice

• How do I know if my case is a civil case?
• What are the options for resolving my civil dispute?
• Do I have to go to court to settle my claim?
• Why would I want to resolve my case outside the court process?
• If my case makes it to court, which court will hear my case?
• What are the new District Courts Rules?
• Do I need a lawyer?
• What happens if I cannot afford a lawyer?
• What do I do if a court order isn’t obeyed?

How do I know if my case is a civil case?

Civil law covers disputes between individuals, companies and sometimes local or central government.

Civil law disputes are generally the cases in court that are not about committing a crime. Read about the differences between civil and criminal law cases.

Examples could include disputes over building contracts or debts, or disputes between neighbours.

What are the options for resolving my civil dispute?

There are a number of ways you could try to resolve your dispute, and you may be able to resolve it without going to court. Many civil cases are settled without a court hearing because everyone agrees on a solution.

Disputes Tribunal: If the claim is for less than $15,000 (or less than $20,000 if both parties agree) and is disputed then it may be able to be heard by the Disputes Tribunal.

District Court: If the claim is for less than $200,000, then you may go to the District Court. See the District Courts claims process for more information.

High Court: If your claim is very complex, or for more than $200,000, it will be dealt with by the High Court. Your lawyer can give you more information about taking your claim to the High Court.

Do I have to go to court to settle my claim?

No. Many civil cases are settled without a court hearing being needed – everyone agrees on a solution.

A civil case comes before the courts if people cannot resolve the dispute between themselves, either independently or with legal help.

Why would I want to resolve my case outside the court process?

There are many advantages in resolving a dispute outside of the court system – it can reduce cost, save time and avoid extra stress.

If my case makes it to court, which court will hear my case?

For cases that make it to court, New Zealand has a multi-tiered court system. The Disputes Tribunal, the District Court, the High Court, the Court of Appeal and the Supreme Court are able to hear civil claims.

For civil disputes you are most likely to deal with one of the following Courts or Tribunal, depending on the size and nature of your dispute:

Disputes Tribunal: If the claim is for less than $15,000 (or less than $20,000 if both parties agree) and is disputed then it may be able to be heard by the Disputes Tribunal.

District Court: If the claim is for less than $200,000, then you can go to the District Court. See the District Courts claims process for more information.

High Court: If your claim is very complex, or for more than $200,000, it will be dealt with by the High Court. Your lawyer can give you more information about taking your claim to the High Court.

For more information about the different courts and which one might apply to you, see Where a claim is heard.

What are the new District Courts Rules?

The District Courts Rules have been reformed. The purpose of the reform is to deliver speedy and effective justice that helps people resolve their disputes without having to have a court hearing.

The new process is simpler for people making and responding to claims. Some forms that outline all the steps in the process have been developed to help make this even easier.

Because the process helps people to resolve their disputes without having to go to court, it is also expected that the new process will be cheaper than before.

Do I need a lawyer?

You can make or respond to a claim, or apply for a restraining order with the help of a lawyer or by yourself.

The Law Society can provide contact information for lawyers. You may also be eligible for legal aid. Community law centres and citizens advice bureaux are also available to assist people who want to file a claim or apply for a restraining order themselves.

What happens if I cannot afford a lawyer?

If you cannot afford a lawyer, there are community law centres and citizens advice bureaus available to assist people in accessing free legal advice.

You may also be eligible for legal aid for certain proceedings. More information on legal aid.

What do I do if a court order isn’t obeyed?

You can ask the court to enforce an order made by the judge.  You can learn more about this process here: http://www.justice.govt.nz/fines/civil-debt.