Innovative Capital - Law - Wellington

The law in New Zealand is derived from two sources:

Statute law - Statute law is made by the legislature (Parliament).
Common law - Common law is built on legal rulings made in courts from the UK, New Zealand, Australia and Canada.

Constitution

Unlike many countries, New Zealand does not have a written constitution. New Zealand's constitution, which is the foundation of the legal system, is drawn from a number of important statutes, judicial decisions, and customary rules known as constitutional conventions. These include the Constitution Act 1986, the New Zealand Bill Of Rights Act 1990, the Electoral Act 1993, the Treaty of Waitangi, Standing Orders of the House of Representatives and broad constitutional principles and conventions.

Legislature

The legislature is made up of Parliament which makes law, and the Governor General who approves law. New Zealand has only one house of Parliament, and has no Senate. Parliament is made up of 120 members (MPs). MPs are elected locally and nationally, under a proportional representation system, in accordance with their party affiliation. At any one time, there are about six to eight political parties represented in Parliament.

Courts

Different courts have different jurisdictions and levels of authority, with the Supreme Court being the highest court in New Zealand. Under the adversarial system, which is usually used to determine issues, the judge plays the role of a neutral referee while each party presents evidence and arguments in support of its own case.

Sometimes a jury will be used in deciding questions of fact. Juries are comprised of 12 ordinary people selected at random from the jury roll, which is based on the electoral roll. Jury service is compulsory unless you have good reason to be excused.

Legal Aid

If a person is charged with a criminal offence and can't afford legal representation, the Legal Services Agency provides a lawyer. Legal aid is designed to cover the lawyer's fees and other fees and expenses of a court case. In some cases, a contribution payment will be required from the person receiving legal aid.

Legal Services Agency website

No Right to Sue

The Accident Compensation Corporation (ACC) provides varying levels of cover for people who suffer as a result of an accident in New Zealand. This cover means that you cannot sue for compensatory damages as a result of personal injury.

Accident Compensation System

Legal Ages

A range of age limits apply to different activities under New Zealand law. For instance, it is illegal to leave a child alone at home under the age of 14, and you must be 18 before you are legally allowed to purchase cigarettes and alcohol.

The legal ages for various activities in New Zealand are: