Auckland Civil Disputes Lawyers – When You might Need One
There are various options available for resolving civil disputes in New Zealand.
This article provides information on the system and outlines the process of hiring Auckland civil disputes lawyers for assistance.
New Zealand Court System
The Supreme Court is the highest court. Its decisions are binding on all other courts. The Employment Court is a lower court that handles employment disputes, like contract disputes. The courts of New Zealand have specialised divisions that focus on specific areas of law, in addition to the New Zealand Supreme Court. Divisions are called ‘tiers’ and the decisions made by each tier are binding.
The civil procedure framework in New Zealand needs reform. New Zealand courts are not proactive in giving procedural guidance, but there are clear advantages to class-wide litigation. The high court rules in New Zealand do not offer any procedural guidance for class-wide litigation, unlike the UK courts.
In order to sue on behalf of a group of people with the same interest, only a representative plaintiff can do so. For this to happen, the plaintiffs in the class must be consulted. The Court also needs to grant leave to sue on their behalf. Many people choose to hire an Auckland civil disputes lawyer instead of trying to navigate the process on their own.
Civil Disputes Using The New Zealand Court System
The courts in New Zealand have different jurisdictions based on the value of the dispute or claim. The High Court is where claims over NZ$350,000 are heard. The District Court handles claims of lesser value.
The two main courts have separate levels of appeal. Decisions made by the District Court can be appealed to the High Court. Most civil claims have the right to one appeal. Additional appeals require permission.
For claims less than $30,000, people can lodge their own claim to the Disputes Tribunal. This saves the cost of hiring a lawyer.
Ther are two other options without going to court. These are arbitration and mediation.
Hiring Auckland Civil Disputes Lawyers
Even though the disputes and court processes are relatively simple, few people can fully understand the details of the laws that affect their dispute. They have little time to learn the laws and nuances of the legal process. It is not a surprise then, that if people are involved in a civil dispute that they hire Auckland civil disputes lawyers to work for them on their behalf.
In the first instance, the lawyer will correspond with the opposing party’s lawyer. This will often involve negotiation to reach a settlement. The process often involves multiple replies and offers from each side before an agreement can be reached. If that is not achieved, the ultimate step is going to court. This will involve communication with the court in the first place, and probably appearing in court for their client.
If you are involved in a civil dispute and need advice or legal assistance, it is recommended to speak with one of the Auckland civil disputes lawyers, like McVeagh Fleming.