Almost everyone will have heard of \u2018the courts\u2019 and know that the courts are where judges sit and cases are held. However, understanding how the court system works in New Zealand is significantly more complex. Understanding the basics of the judicial system and its implications for your business is well worth your time, particularly if there is a dispute or potential case that may require you to interact directly with the courts.<\/p>\n\n\n\n
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The courts are one of the three branches of New Zealand\u2019s government. It works independently of the legislature (parliament) and the executive (cabinet ministers and government departments).<\/p>\n\n\n\n
There can be considerable confusion about the relationship between the courts and the government. In essence, they are separate entities.<\/p>\n<\/div>\n\n\n\n
The courts can hold the government accountable when it steps out of line in some way. While the government plays a part in choosing new judges, this is an apolitical process also involving the judiciary (the judges in the senior courts).<\/p>\n\n\n\n
An essential aspect of the court system is the independence of judges. As you may know, judges oversee most courts and tribunals in New Zealand. However, judges are independent from each other, just like the courts are independent from the government. <\/p>\n\n\n\n
Judges typically make their decisions independently, without direction or supervision from other judges. The fundamental idea is that judges cannot be influenced by other parts of the government, even including other judges.<\/p>\n<\/div>\n\n\n\n
Courts resolve a number of different disputes and uphold all areas of law in New Zealand. This includes: <\/p>\n\n\n\n
The latter refers to an idea called \u2018the rule of law\u2019. This is the principle that everyone, including the government, is bound by the laws of the land.<\/p>\n<\/div>\n\n\n\n
Another critical aspect of the court system is that the courts themselves are accountable. Judges must publish their decisions and reasoning in each case, and this can almost always be appealed to more senior courts. A senior court can \u2018overturn\u2019 a lower court\u2019s judgment if it thinks it was incorrect. If your business loses a case in a lower court that you think is unreasonable (or that your lawyers advise you did not have a strong basis of law), then you can \u2018appeal\u2019 it to a higher court for a second review.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n