About civil law
About civil law
Civil law
Civil law covers disputes between individuals, companies and sometimes local or central government.
Civil law disputes are generally the cases in court that are not about breaking a criminal law. For example, disputes over business contracts or debts, or disputes between neighbours.
The difference between civil law and criminal law
| Civil law | Criminal law |
|---|---|
| Civil cases uphold the rights of individuals | Criminal cases are designed to maintain law and order and protect society |
| Civil cases are started by an individual or an organisation to help settle a dispute | Criminal law cases are brought by the state to help protect society |
| Cases are generally settled when one party pays compensation or takes some other suitable action, such as correcting their business practice | At the end of a case, if the person who is alleged to have broken the law is found guilty, they will be punished by the State |
| Civil cases have to be proven on the balance of probabilities, meaning that the most likely version of events is true | Criminal cases must be proven beyond reasonable doubt |
| The State plays no role in civil cases unless the Government starts a lawsuit or is the one being sued | Criminal law cases are started by the State |
Resolving disputes
New Zealand's civil justice system works in a way that means it is not always necessary to go to court. Cases can be resolved through a claims process where both parties are encouraged to find a resolution without going to court. See the claims process for more information.
In 2009, the new District Courts' Rules came into force. These rules were reformed to help people to resolve their disputes without a court hearing.
Going to court
If a case goes to court, the plaintiff (the person who makes the claim) must prove their case to the "balance of probabilities" to be successful. This means that they must prove to the judge that their version of events is most likely.
The judge has many things to consider when making a decision, and cases can be very complex. If the plaintiff doesn't agree with the judge's decision, they can appeal to a higher court. For more information about appeals, see where a claim is heard.
