NEW ZEALAND Law and Practice Contributed by: Shane Campbell and Thomas Westaway, Campbell Westaway
2.2 Court Structure New Zealand’s court system is hierarchical, with each level exercising jurisdiction appropriate to the nature and complexity of the matters before it. The District Court is the court of first instance for the majority of proceedings, handling civil claims up to NZD350,000. The Disputes Tribunal handles minor civil disputes up to NZD60,000. The High Court exercises general supervisory jurisdic- tion over inferior courts and tribunals, hears appeals from the District Court, and has unlimited civil jurisdic- tion, including an inherent jurisdiction. It further exer- cises judicial review jurisdiction, enabling supervision of decisions made by public bodies and inferior tribu- nals. The Court of Appeal hears appeals on questions of both fact and law from the High Court and certain tribunals. At the apex sits the Supreme Court, established by the Supreme Court Act 2003, replacing the Privy Council as the final appellate court. Leave to appeal to the Supreme Court is granted only where the matter rais- es a question of general or public importance. A number of specialist courts operate alongside the general court hierarchy. The Environment Court determines appeals and proceedings under resource management and environmental legislation. The Employment Court has exclusive jurisdiction over employment relationship matters of a more serious or complex nature. The Māori Land Court exercises jurisdiction over matters concerning Māori land and the obligations arising under Te Ture Whenua Māori Act 1993. 2.3 Pre-Action Conduct New Zealand does not impose a formalised pre-action conduct regime comparable to that found in England and Wales under the Civil Procedure Rules Practice Directions. There is no general statutory obligation requiring parties to comply with pre-action protocols before commencing civil proceedings. Certain statu- tory contexts impose pre-action requirements, includ- ing notification and negotiation obligations under some insurance contracts.
Class actions and third-party litigation funding are both growth areas, each reinforcing the other. Repre- sentative proceedings are an increasingly prominent feature of the litigation landscape, supported by an expanding body of appellate jurisprudence. Litigation funding is permitted but unregulated by statute, with the courts adopting a cautiously permissive approach. Environmental and climate litigation remains a rapid growth area. The Supreme Court’s reinstatement of novel climate tort claims in Smith v Fonterra [2024] NZSC 5 signals judicial willingness to engage with cli- mate liability at common law, with trial scheduled for April 2027. Judicial review proceedings challenging the lawfulness of New Zealand’s emissions reduction plans are also on foot, with judgment reserved follow- ing a High Court hearing in March 2026. The Limitation Act 2010 governs the limitation periods within which civil claims must be brought in New Zea- land courts, introducing a knowledge-based frame- work to balance claimant and defendant interests. The primary limitation period is six years, running from the date upon which the claimant discovered, or ought reasonably to have discovered, the act or omission giving rise to the claim, the loss suffered, and the iden- tity of the defendant. Constructive knowledge arises once a claimant has information that would lead a reasonable person to begin investigating whether a right to claim exists ( Rea v Auckland Council [2024] NZCA 313). 2. Litigation 2.1 Limitation Periods There is an absolute longstop of 15 years from the date of the relevant act or omission, irrespective of the claimant’s state of knowledge, operating as a statu- tory bar. Where fraud or deliberate concealment is established, a fresh three-year period runs from the date of discov- ery, preventing defendants from benefiting from their own wrongdoing.
382 CHAMBERS.COM
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