DISTRICT COURTS - Courts of New Zealand

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The DISTRICT COURTS NEW ZEALAND 34 DISTRICT COURT When the amount claimed is more than $15,000 (or by consent up to $20,000) then it has to be heard in a Court. The District Court can hear claims for up to $200,000, but claims for higher amounts must be heard in the High Court. Civil cases proceed through the court according to streams along which they are travelling for compliance under a timetable set out in the District Courts Practice Notes, which can be obtained from your local courthouse. Before a case goes to a hearing a Judge may convene a settlement conference to discuss with the parties the possibility of settlement of the dispute, if the parties request it. This enables the contestants to confront each other in an environment regulated by a Judge, and to finally agree on a settlement. Such a process is often sought by the parties because it can save money, nervous energy, time, and the parties are able to have an influence on the eventual outcome. What is said at such meetings is confidential and cannot be used as evidence at the hearing if the dispute is unfortunately not capable of settlement. The person who brings the claim is called the plaintiff, and the person it is brought against is called the defendant. The plaintiff files a statement of claim with the Court, setting out what is sought and why (on what grounds). The defendant has the opportunity to reply in a statement of defence. Statements of claim and statements of defence are often accompanied by affidavits of evidence sworn by witnesses. If the matter goes to a hearing before a Judge, each side can call witnesses and make oral submissions. The Judge will then consider the evidence and reach a conclusion. The plaintiff has the burden of proving their claim on the balance of probabilities. This means that after weighing up the competing facts and law the Judge concludes that the plaintiff ’s case is more probable than not. This is a lower standard than is required in a criminal case, where the prosecution has to prove the guilt of the defendant beyond reasonable doubt. Rights of appeal are to the High Court.
The DISTRICT COURTS NEW ZEALAND Family Court 35 THE FAMILY COURT The Family Court was established by the Family Courts Act 1980. The Court’s jurisdiction is largely outlined in s11 of that Act, in conjunction with a number of other statutes that confer jurisdiction on the Court: SECTION 11 OF THE FAMILY COURTS ACT • Marriage Act 1955 • Adoption Act 1955 • Care of Children Act 2004 • Domestic Actions Act 1975 • Property (Relationships) Act 1976 • Family Proceedings Act 1980 • Child Support Act 1991 • Children, Young Persons, and Their Families Act 1989 • Law Reform (Testamentary Promises) Act 1949 • Family Protection Act 1955 • Civil Union Act 2004 • Wills Act 2007. OTHER ENACTMENTS • Protection of Personal and Property Rights Act 1988 • Mental Health (Compulsory Assessment and Treatment) Act 1992 • Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 • Births, Deaths, Marriages and Relationships Registration Act 1995 • Alcoholism and Drug Addiction Act 1966 The Court deals with over 87,000 applications each year, many of which involve children. The Court handles cases involving private childcare and guardianship disputes, adoption, paternity, child abduction, and care and protection where there are concerns of abuse or neglect. 33% of the applications are private childcare disputes under the Care of Children Act 2004. Care and protection cases make up nearly 15%. In relation to property, the Court deals with relationship property disputes, estates and testamentary promises, maintenance, and child support appeals from decisions of the Commissioner of Inland Revenue. Unlike in the civil jurisdiction of the District Court, there is no financial ceiling on the amount of property for which the Court can determine applications. The Court has jurisdiction over several areas of health and disability legislation. These include mental health and the compulsory care and rehabilitation of people with an intellectual disability that have been charged with, or convicted of a criminal offence. The Court also deals with powers to act on behalf of others where individuals do not have the capacity to manage their own affairs. This includes enduring powers of attorney, and the management of care or property. The Court’s primary objectives are to make the least restrictive intervention into the person’s life, and to enable the person to exercise and develop capacity as much as is possible. A significant part of the Court’s work, around 10%, involves responding to domestic violence under the Domestic Violence Act 1995. The Act aims to protect victims of domestic violence through protection orders, and stop further violence by requiring the offender to attend a stopping violence programme. There are also programmes available for victims. The Family Court and the District Court work side by side against domestic violence, with the criminal jurisdiction of the • Domestic Violence Act 1995.
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Page 64: © MINISTRY OF JUSTICE 2010.

DISTRICT COURTS - Courts of New Zealand

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