New Zealand is one of the most appreciated jurisdictions in the world when it comes to its legal system. Litigation cases are usually resolved in a timely manner in the New Zealand courts or through mediation and arbitration. Those in need of litigation services in New Zealand can request the services of local attorneys. Our law firm in New Zealand can guide foreign and local clients in litigation cases by offering them specialized support and customized services.
| Main Areas of Expertise | |
|---|---|
| Employment lawyers | Whenever you require legal counsel in cases involving employment in New Zealand (as an employer or an employee) we can help with issues related to employment agreements, disciplinary issues, dismissal, workplace harassment or discrimination, among others. |
| Debt collection services | With a focus on amicable collection as a preliminary phase, our lawyers strive to allow clients to quickly recover due payments. As needed, we also assist those who file for court collection. |
| Family Law attorneys | We can assist with cases involving wills and inheritance, child custody, adoption or with cases involving family violence. |
| Divorce lawyers | Applying for a divorce can be assisted by one of our lawyers. We can help you understand the process and the mandatory conditions (such as having been separated for a minimum time before you apply). |
| Criminal lawyers | If you are the victim of a crime that took place in New Zealand or, alternatively, are accused of having committed one, our experienced lawyers in New Zealand can provide legal representation in and out of court. |
| New Zealand tax lawyers | Understanding the personal and income tax laws in New Zealand is easier with the help offered by our team. We can give you complete details about the current tax rates and compliance requirements. |
| Legal aid solutions | Our attorneys can help evaluate your case and determine if you are eligible for legal aid, which is government support that covers all or part of the legal costs. |
| Property purchase in New Zealand | If you want to buy a residential or a commercial property in New Zealand, look no further than relying on the expert assistance offered by our team during all the key purchase steps. |
| Company formation | Our lawyers in New Zealand assist local and foreign entrepreneurs who are ready to start a business. We provide counsel and guidance throughout all the relevant incorporation phases. |
| Company liquidation | Whenever necessary, our lawyers can also assist with the company liquidation procedure, along with its subsequent deregistration. |
| Branch and subsidiary creation | Our company formation experts can also assist with choosing between a branch or a subsidiary in the case of foreign companies looking to expand their activities to New Zealand. |
| Accounting in New Zealand | Our partner accountants offer complete bookkeeping and accounting solutions, tailored to company size and number of employees. |
| Lawyers in Christchurch | We assist companies and individuals in and around Christchurch with all of the legal services presented here. You can reach out to us if you live in this area. |
| Lawyers in Auckland | If you live near of around Auckland, our local team offers all of the services presented herein and others, tailored to your needs. |
| Alternative dispute resolution in New Zealand | Our attorneys in New Zealand can assist with out-of-court dispute resolution methods, such as arbitration or mediation. |
Table of Contents
Legal services for companies and investors in New Zealand
Our team specializes in company formation in New Zealand, as well as other solutions for businesses. Our corporate and business lawyers offer legal representation, guidance, and expert assistance in a wide range of matters.
Our main services for companies and entrepreneurs revolve around:
- Company incorporation: our lawyers in New Zealand can assist with the most important steps related to business registration with the Companies Office. We also offer tailored solutions for startups and first-time business owners in New Zealand (local or foreign);
- Business expansion: foreign companies can rely on our guidance when they open a branch or a subsidiary in New Zealand. We can also assist with company mergers;
- Contract Law: drafting, vetting, and handling disputes related to the Contract and Commercial Law Act 2017, the main legal resource that governs the sale of goods between parties;
- Employment Law: legal representation and legal advice for employers in matters concerning the Employment Relations Act 2000. Our attorneys in New Zealand can help draft and review employment agreements or handle matters related to dispute resolutions concerning employees;
- Intellectual Property Law: assistance with copyright matters, patents, design and trademark registration and protection under the relevant laws (such as the Copyright Act or the Trademarks Act).
Legal services for individuals
Working with a lawyer is strongly advised when involved in certain types of disputes and, more importantly, if accused of a crime in New Zealand. Our experts have relevant experience in many areas of law, which include, but are not limited to:
- Employment: if you believe that your employment rights are not observed, our lawyers in New Zealand can assist with legal representation in case of unlawful dismissal, workplace harassment, workplace accidents, and other cases;
- Family Law: legal representation in divorce cases, for child custody and parenting arrangements, the division of assets following the dissolution of marriage or a civil union;
- Property matters: complete assistance throughout the property sale and/ or purchase phases; document drafting and vetting, guidance on property due diligence and more;
- Criminal offences: legal representation for those accused of violent offences, drink driving, drug or sexual offences, and others.
Having reliable legal advice, guidance, and representation in court (as needed) can be reassuring for individuals charged of offences or those who have been subject to wrongful acts by other parties.
You may reach out to our team in New Zealand for more information on your rights in various types of cases, and an initial evaluation of your case.
Litigation services offered by our New Zealand lawyers
Our New Zealand law firm has a wide experience in various types of litigation cases and can offer assistance in the following:
- Debt collection for foreign investors and companies seeking to recover outstanding amounts of money from local debtors;
- Assistance in litigation cases related to contractual disputes for companies in New Zealand;
- Legal advice in litigation cases related to employment matters for employers and employees in New Zealand;
- Legal assistance in civil litigation cases, such as family disputes and immigration matters in New Zealand. In case you need assistance for moving to New Zealand, we can put you in contact with our immigration lawyers.
Other areas in which our team can be of service include: construction disputes, building defect claims, insurance law, personal injury, or medical malpractice claims.
Our team can assist clients both with criminal and non-criminal court proceedings; however, our litigation lawyer in Auckland has a good focus on civil litigation, the types of cases that are not criminal ones. In all our handled cases, we find the most suitable course of action and we also advise our clients on how to prepare themselves and how to avoid having the same type of dispute in the future (a strategy that is most suited to commercial cases where the client can benefit from implementing a series of steps that will help him protect against the same contractual disputes, for example).
Court processes in New Zealand
Understanding the process for a civil claim (against another person or a corporation/ organization) is a good step for those who wish to file a claim. In most cases, the general consensus is that the claim should be filed after the claimant has tried other dispute resolution methods, and these have not produced the desired results (these methods are briefly outlined below).
Working with our litigation lawyer in Auckland is recommended, as you will want to have a legal representative who will speak on your behalf in court. The general steps for going to court are the following:
- Filing the documents: submitting your documents related to the case to the court;
- Serving: giving the other party copies of the documents that have been filed in court;
- Making statutory declarations and affidavits;
- Having the documents certified or witnessed, as applicable;
- Serving the other party copies of the evidence brought to court (the disclosure phase).
The processes, once the plaintiff and the defendant are in the courtroom, can vary depending on the addressed court, either the District Court or the High Court. Our team of lawyers in New Zealand can give you more information on going to court.
Mediation and arbitration in New Zealand
Arbitration and mediation are two alternative dispute resolution methods that can be recommended by our litigation lawyer in Auckland in some cases.
Arbitration is the process of settling disputes with an arbitrator – a trained professional; the decision issued as a result of this process is usually binding and final, and, in some cases, it suffices for both parties, producing similar effects as having taken the case to court (because of the fact that it binds the parties to the resolution). Nonetheless, in most cases, arbitration is speedier than litigation, and it can also have lower costs.
Mediation is a different process that is not legally binding; however, it can produce favourable effects in terms of negotiation and mutual agreements to solve a certain issue. The parties are assisted in their negotiation by a mediator – a neutral and trained third party who is there to guide them in a semi-formal manner, all within a confidential environment.
Written agreements may contain arbitration and/ or mediation clauses. When this is the case, upon signing, the parties agree to pursue these alternative methods to solve their disputes and, only if these fail to produce the desired effects, reach out to a litigation lawyer in Auckland to take their case to court.
Adjudication and conciliation are two other alternative dispute resolution methods, the first being used in construction cases. Negotiation and expert witnessing can also be helpful during the course of a dispute, and negotiation is often an essential part of any dispute when the parties are willing to sort out their problems together (assisted by their lawyers).
Finding the right solution will depend on the case (be it a commercial dispute or a family dispute) as well as the value of the claim and/ or the existing contractual duties between the parties in conflict. Our litigation lawyer in Auckland can provide much-needed legal counsel and representation; however, upon assessing your case, we will also guide you through your alternative dispute resolution methods, should they apply in your case.
The court system in New Zealand
In order to understand how litigations are resolved, our lawyers in New Zealand have prepared a small guide on the court system in this country, which comprises:
- District Courts, which handle most of the civil and criminal cases – there are more than 50 district courts in New Zealand;
- The High Court is the next court that handles major criminal cases and also hears appeals that could not be solved by the district courts;
- The Court of Appeal and the Supreme Court are appellate courts that hear all the cases that have been tried by high courts;
- Specialist courts that handle specific matters related to employment, family, and environmental issues.
A useful note on the types of claims handled by the tribunals is the following:
- The Disputes Tribunal, operating under the Ministry of Justice, has limited jurisdiction and will hear certain types of disputes with a value of no more than $ 35,000;
- The District Court handles almost all civil disputes where the amount in question is up to $350,000;
- In almost all cases, once the process has started with the help of our litigation lawyer in Auckland, the defendant has 25 working days to file a defence (calculated from the date the Claim and Notice of Proceeding were served to him).
The New Zealand court system is also made up of several tribunals. Our attorneys in New Zealand can help foreign citizens who need litigation services that must pass through one of the courts mentioned above.
In addition to legal representation for litigation purposes, our team also offers services for tax and accounting matters. You can confidently reach out to our New Zealand accountants for complete accounting assistance for your company, including but not limited to: bookkeeping, ledger reviews, financial reports, budgeting, payroll, annual financial statements, tax filing and payment, and more.
For more information on the legal services we offer in New Zealand, please feel free to contact our local law firm.