The course will critically examine the rules and processes that apply to a New Zealand High Court proceeding from its commencement, through its various interlocutory steps to trial, and then on appeal. You will learn about starting and ending proceedings in different ways, how cases get managed by courts, disclosure of documents, seeking interim relief, preparing evidence, getting a judgment (default, summary, by trial), how costs work in our courts.
We will tackle some topical subjects like litigation funding, class actions, lay litigants, and how our procedures deal with small disputes. We will examine some procedural rules that apply in other forums (tribunals) that exist in New Zealand. You will see how all procedural rules share some common features (no matter how sophisticated, or indeed simple, they may try to be).
This course will blend practical litigation skills with critical analysis of processes and practice. You will be expected to draft court documents and demonstrate skills required to sort information and identify issues, as well as to critically evaluate the sufficiency of processes to achieve the aims of the justice system.
You will be expected to think critically about why procedure is important, how well New Zealand’s current provisions serve the people they are designed to help, and how these could change in the future.