Authors: Toby Braun, Kevin Glover
Published: 22 June 2023
Pages: 41

Introduction

At its highest level of generality, the function of the courts in New Zealand in relation to non-criminal matters is to adjudicate on disputes between parties. The courts receive evidence and legal submissions and do justice to the parties according to the law. The legal process leading up to a determination of rights starts with the plaintiff’s commencement of an action, by way of a statement of claim or an originating application, and concludes with the issuing of a judgment which sets out whether or not the allegations have been made out.

Once a court has given judgment, however, there are still various steps which must be taken in order to formalise and implement that decision, so that the successful party can receive vindication in tangible terms as opposed to a declaration of the relevant rights. This book is concerned with those steps.

The aim of this book is to give an overview of the relevant rules relating to judgments and related matters, and then turning to satisfaction and enforcement. We take the approach of identifying the key legislation, summarising the relevant rules and providing practical guidance since a more detailed approach is beyond the scope of the current session.

Content outline

• Part I - Judgements
• Part II - Satisfaction
• Part III - Enforcement