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#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

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 .