A statement of claim is one of the earliest and most important documents you will need to draft if you want to take a legal claim to court in New Zealand. The statement of claim should set out: <\/p>\n\n\n\n
However, writing this document can be more challenging than it seems. This article sets out four tips to think about when drafting a statement of claim<\/a>, including: <\/p>\n\n\n\n Understanding what the relevant law is for your legal problem is the most important thing to keep in mind when drafting an effective statement of claim. While you may know the factual substance of the dispute or claim in detail, you should take the time to do legal research to understand what the relevant law might be. <\/p>\n\n\n\n This changes depending on the context of your dispute: <\/p>\n\n\n\n Remember that there is often a difference between what is commonly understood between parties and what the legal relationship or legal obligations may be. Even if the other party has behaved in a way that you find inappropriate or not in good faith, they may not have actually broken any laws or their legal obligations.<\/p>\n<\/div>\n\n\n\n Consequently, understanding the relevant law should be an initial step when you set about drafting a statement of claim.<\/p>\n\n\n\n Before filing your statement of claim, you must ensure all administrative requirements are met. Filing in the wrong court or using incorrect forms can delay your case or result in your claim being struck out.<\/p>\n\n\n\n Start by verifying you are using the correct forms for your specific claim type. The Ministry of Justice website contains all current court forms, but requirements differ between the District Court and High Court. Check which court has jurisdiction based on your claim’s monetary value and subject matter.<\/p>\n\n\n\n You should also confirm that the parties’ details are accurate. For companies, check the Companies Registry to ensure you have the correct legal entity name and registration number. An incorrectly named defendant can invalidate your claim and incur costs.<\/p>\n<\/div>\n\n\n\n Additionally, ensure you are filing in the geographically correct court. Generally, you should file where the defendant resides or operates their business. However, some claim types have specific venue requirements.<\/p>\n\n\n\n It is also important to familiarise yourself with the relevant court rules. The High Court Rules 2016 and District Court Rules 2014 set out specific formatting requirements, timeframes, and procedural steps. Non-compliance with these rules can result in your statement of claim being rejected or requiring amendment, causing unnecessary delay and expense.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
1. Do Your Legal Research First<\/h2>\n\n\n\n
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2. Get Your Administrative Requirements Right<\/h2>\n\n\n\n