Judiciary of New Zealand

It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights.

[13] New Zealand practices the common law legal system,[14] where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system.

[16] The chief justice is formally appointed by the governor-general on the recommendation of the prime minister.

[17] All other superior court judges are appointed by the governor-general on the advice of the attorney-general, the chief justice, and the solicitor-general collectively.

[19] A judge may not be removed from office except by the attorney-general upon an address of the House of Representatives (Parliament) for proved misbehaviour.

Parties have the right to use any official language of New Zealand (English, Te Reo Māori and New Zealand Sign Language) in any pleading or process in or issuing from a court, and are entitled to a Maori or NZSL interpreter at no cost.

Any party wishing to use Māori or NZSL must notify the court 10 working days in advance to ensure an interpreter is available, otherwise the court will be adjourned until an interpreter can be made available and the party may be liable for costs of the adjournment and delay.

[25] In the 1980s the judiciary played a major role in redefining and elevating the constitutional position of the Treaty of Waitangi.

[33] In Australia, Canada, New Zealand, and the United States, Indigenous peoples are over-represented in the prison population.

There have been calls to increase measures to reduce the level of incarceration in New Zealand, based on principles of therapeutic jurisprudence and restorative justice, and similar to specialist courts and processes for Indigenous peoples in Canada and Australia.

[34][35] Te Kooti Rangatahi is an Indigenous court for young Māori people, based on the marae, and has shown some success.

Based in Kaikohe, Northland Region,[36] this court incorporates Māori customs and culture.