New Zealand's legal system is based on English common law and the country's own laws and statutes, which are always evolving. This “Westminster” style system means there is often foundational legislation for a subject set created by its elected body (parliament) while interpreting and applying the law in the event of disputes is left to independent judges. New Zealand and England’s systems have diverged over the last generation; England, being part of the UK, before Brexit had converged to some extent with applicable European-wide directives, while New Zealand, in a completely different context, has continued to incorporate the principles of the Treaty of Waitangi into its legal framework. New Zealand’s common law (law created and developed by judges rather than parliament) has also diverged from England over time.
Here is a brief overview of the legal framework of New Zealand:
Constitutional Law: New Zealand is a constitutional monarchy with a parliamentary democracy. The reigning monarch of the United Kingdom is its head of state. The Constitution Act 1986 is the principal legislation that governs the operation of the New Zealand government, including the roles and powers of the monarch, the Governor-General, and parliament. The Treaty of Waitangi, created in 1840, is an important source of constitutional obligations between the state and the Tangata Whenua of Aotearoa. The Constitution Act is functional legislation that talks about how things work. It is not a source of constitutional obligations in itself.
New Zealand has an unwritten constitution which is greater than the sum total of its parts. Those parts are: the Bill of Rights Act 1990 (see below), its electoral system inclusive of its traditional customs and procedures, its judicature legislation (see below) and other relevant legislation such as the Human Rights Act 1993 (see below).
Electoral system: New Zealand is a democracy. It has a general election every three years. It is a “mixed-member proportional (MMP) system where there are a fixed number of electorates, 60, and then an adjustment to reflect the overall vote. This usually results in a parliament comprising 120 members. A political party must receive at least 5% of the total votes before getting getting a seat if it does not win an electorate seat.
Court system: The High Court is a superior court of unlimited jurisdiction whose function is to administer the laws of New Zealand within the boundaries set by the Senior Courts Act 2016. Its broad jurisdiction includes: public law; applications to review a decision made by a public/ state body, writs of habeus corpus, appeals from inferior courts/ tribunals, applications for declarations as to rights and remedies under legal documents and statute, the hearing of certain criminal trials, and common law civil claims such as tort and contract. The Court of Appeal is an intermediate court of appeal which considers appeals against High Court decisions. The final court of appeal is the Supreme Court, whose initial permission is needed to bring an appeal.
The inferior court is the District Court. Unlike the High Court, it has no inherent jurisdiction. Its powers are explicitly set out in the District Courts Act 2016 and related regulations. As discussed further below, it deals with all criminal proceedings except the most serious. Its monetary jurisdiction to hear civil claims is fixed (at the time of writing: NZ$350,000). The Family Court is part of the District Court (see below).
Human Rights Law: The New Zealand Bill of Rights Act 1990 outlines the fundamental human rights and freedoms for people in New Zealand. It is ordinary, not enshrined, legislation. The Human Rights Act 1993 prohibits discrimination on the basis of race, gender, age, religion, sexual orientation, and other factors. The Human Rights Commission is responsible for promoting and protecting human rights in New Zealand.
Criminal Law: The Crimes Act 1961 records serious criminal offences, as well as the penalties for these offences. The Ministry of Justice oversees the criminal justice system and works to ensure that it operates fairly and efficiently. The courts are responsible for determining guilt and sentencing offenders. Most criminal law is dealt with in New Zealand’s District Court. Serious crime, such as murder, is dealt with in the High Court.
Family Law: The Family Court of New Zealand handles a range of family law matters, including divorce, custody, and child support. The Care of Children Act 2004 outlines the legal responsibilities and rights of parents and other caregivers in relation to children. The Property (Relationships) Act 1976 (the PRA) regulates what happens to property upon separation. The PRA is intended to be a code of all of the applicable law affecting this subject matter. (Whether it has that effect is debatable—a subject for another time.) The PRA is scheduled to have a watershed law reform. At the time of writing, this has not occurred, but is predicted to occur within the next two parliamentary term, so by 2029.
Employment Law: The Employment Relations Act 2000 governs the relationship between employers and employees in New Zealand, including minimum wage rates, holiday and sick leave entitlements, and the right to join a union. MBIE is responsible for enforcing employment laws and ensuring that employees are treated fairly, from a regulatory perspective. The Employment Relations Act 2000 is intended to be a code. This means it is intended to be a complete record of all employment law.
Commercial Law: The Companies Act 1993 outlines the legal requirements for setting up and running a company in New Zealand, including registering a company, issuing shares, and filing financial statements. The Commerce Commission is responsible for promoting competition and protecting consumers in New Zealand's markets. The Contract and Commercial Law Act 2017 is close to a code for the law of contract in New Zealand. The Fair Trading Act 1986 contains laws prohibiting misleading conduct in trade. It provides for civil remedies as well as offences which can be enforced by the Commerce Commission.
Environmental Law: The Resource Management Act 1991 (the RMA) outlines the legal framework for managing New Zealand's natural and physical resources, including land, water, and air. The Ministry for the Environment is responsible for developing and implementing environmental policy, while regional councils are responsible for managing local environmental issues. The RMA is due to have a substantial reform. It is not imminent but should occur within the next 5 to 10 years.
Intellectual Property Law: The Intellectual Property Office of New Zealand oversees the registration and protection of trademarks, patents, and other intellectual property rights in New Zealand. Legislation regulating trademarks is the Trademarks Act 2002. The Copyright Act 1994 outlines the legal rights and responsibilities of creators and users of copyrighted material. The Fair Trading Act’s prohibition on misleading conduct is a vehicle by which people sometimes protect IP rights, as is the common law tort of passing off.