BA Useful Links

When you begin attempting to navigate the court process generally, you will be directed to general sites WITH BITS AND PIECES OF USEFUL LINKS such as:

  1. The ministry of justice website: https://www.justice.govt.nz/
  2. The link to legal aid is pretty poor: https://www.justice.govt.nz/courts/going-to-court/legal-aid/
  3. Legal aid solicitors can be located here: https://www.justice.govt.nz/courts/going-to-court/legal-aid/get-legal-aid/legal-aid-lawyer-finder/

[But these solicitors are often “at capacity] preferring to deal with cash clients paying larger amounts than the legal aid retainer] which is why it is important for you to be comfortable and confident in self representing to have a strong case.

NOTE: TAKE SOME TIME FAMILIARISING YOURSELF WITH RELEVANT LEGISLATION TO KNOW YOUR RIGHTS TO AVOID BEING MISLEAD AND MISREPRESENTED!

If your have a specific matter- such as land court, tenancy tribunal, Social Security Authority Appeals Board, ACC, employment court or other- that specific legislation can be found with a quick google search:

The tribunals link is here: https://www.justice.govt.nz/tribunals/

The courts provide an extensive list of several acts- most of which are not referenced in proceedings: https://www.districtcourts.govt.nz/family-court/useful-family-legislation/

*Things you need to be very careful of are any steps that the court can [and will] take to threaten or intimidate you- especially on suppression [preventing you from even mentioning that you are in family court proceedings – in breach of your rights to free speech under s14 NZBORA 1990]

Review the restrictions and the risks- usually, the removal of your children and relentless defamation through court: https://www.justice.govt.nz/family/family-court/after-the-family-court/restrictions-on-publishing-information/

WE STRONGLY DISCOURAGE ANYONE FROM PUBLIC POSTING, LIVES OR ANY VIDEOS OF YUR CHILDREN AND NAMING THEM OR THE OTHER PARTY TO AVOID BEING PERSECUTED IN COURT FOR THIS.

Further the New Zealand Law society information can be found here: https://www.lawsociety.org.nz/for-the-public/complaining-about-a-lawyer/

https://www.lawsociety.org.nz/

The complaint process is particularly useful [don’t expect regulation- but don’t let that be a reason you don’t escalate complaints.]

The online form is here: https://www.lawsociety.org.nz/for-the-public/complaining-about-a-lawyer/raise-a-concern/

 [email protected]

Citizens Advice Bureau is generally recommended [although more often than not they will state they can not provide you with legal advice or assistance and your need to “speak to a lawyer.” https://www.cab.org.nz/

Another link the court provides now is: https://www.justice.govt.nz/family/family-court/what-to-expect-at-the-family-court/prepare-for-the-family-court-checklist/

And “if you’re feeling overwhelmed: https://www.justice.govt.nz/family/family-court/help/general-help-and-services-for-you-and-your-whanau/

There is a form for you to seek leave [permission] of the court to have someone sit with you and offer support [as a McKenzie friend] nothing is guaranteed and often the court will refuse this RIGHT. [a right to feel safe and not be discriminated against]

https://www.justice.govt.nz/family/family-court/about-the-family-court/people-and-roles-of-the-family-court/apply-for-a-lay-assistant/

Regarding Fee waivers, do not be overwhelmed by the documents, simply state that you are in financial hardship [you will need to include proof of benefit and likely your accounts for the first application and after that it is a lot easier- just an updated benefit document confirming your status.]

And the reason the court should accept your fee waiver:

  1. It is in the interests of justice.
  2. It would be in breach of your rights to prevent filing due to discrimination of financial hardship
  3. The matters are of public importance [as any matter of justice is]
  4. *Don’t get carried away with your memoirs- keep it short and factual- this is simply to waive a fee, it is not your application.

Fee waivers for filing in Family and District court:

https://www.justice.govt.nz/courts/going-to-court/court-fees/apply-for-help-to-pay-court-fees/

https://www.justice.govt.nz/family/family-court/fees-and-funding/apply-for-a-fee-waiver/

Your application will need to be accompanied by an affidavit:

https://www.justice.govt.nz/family/family-court/about-the-family-court/family-court-documents/affidavits/#:~:text=An%20affidavit-,Affidavit,asking%20the%20court%20to%20do.

This is a link to a general affidavit for you to customise: https://www.justice.govt.nz/family/family-court/about-the-family-court/family-court-documents/affidavits/#:~:text=An%20affidavit-,Affidavit,asking%20the%20court%20to%20do.

Until you are more experienced in filing, it is best to use the templates provided by the ministry of justice to avoid any “technicalities” for the court refusing to accept your submissions.

For CIVIL matters a quick link to what you will need is here:

https://www.justice.govt.nz/courts/civil/forms-and-fees/

For CRIMINAL matters a quick link to what you will need is here:

https://www.justice.govt.nz/courts/criminal/charged-with-a-crime/

For FAMILY court a quick link to what you will need is here:

https://www.justice.govt.nz/family/