How to Make a Civil Claim in the District Court
What is civil justice?
Civil justice relates to disputes between individuals or organisations.
Generally, civil cases are not about breaking a criminal law. For example, disputes over business contracts or debts, or disputes between neighbours.
This publication provides you with information about how to make a civil claim in the District Court.
If you have a dispute
If you have a civil dispute with someone, you may be able to resolve it without going to court. Many civil cases are settled without a court hearing because all parties agree on a solution.
Which court?
If your claim is for less than $200,000, then you can go to the District Court. If the claim is for less than $15,000 (or less than $20,000 if everyone agrees) and is disputed, then it may be able to be heard by the Disputes Tribunal.
Complex claims, or those worth more than $200,000, will be dealt with by the High Court. This publication deals with claims heard in the District Court.
The claims process
A civil claim involves formal legal action against a person or an organisation.
You can make a claim if you have tried other methods to resolve a dispute but have not been successful, or if you want to recover money you believe is owed to you. (see process chart - PDF 837Kb)
Once a claim is filed in the District Court, you will be known as the plaintiff. The person you have made the claim against is called the defendant. You are both called the parties.
Fees
There are fees for making claims in the District Court. The diagram also gives you more information about how much you might have to pay. Fees shown as of 1 October 2010. More information about fees is available from our website – www.justice.govt.nz/civil
Getting help
You can make a claim with the help of a lawyer or by yourself.
If you need help filling in the forms or want to know more about the claims process you can also talk to your local community law centre or a citizens advice bureau. You may also be eligible for legal aid.
How to make a civil claim
You will need to refer to the forms for more information about this process (see process chart - PDF 837Kb)
Plaintiff: the person who makes the civil claim.
Defendant: the person who the claim is against.
District Court: the place where the claim is filed and where the case will be heard if it ends up in court.
- To start the process you should complete Form 2 – Notice of claim.
- File the form at the District Court. The fee is $169.20.
- Give the form to the defendant within 12 months of filing.
- Did you receive Form 3 from the defendant within 30 working days?
if no: complete Form 6A – Apply for judgment. File this form at the District Court within 90 working days of serving Form 2. The fee is $48.30.
if yes: do you think you could reach an agreement with the defendant?
if yes: settle claim with the defendant.
if no: complete Form 4 and send it to the defendant.
NB: if you do not serve Form 4 within 30 working days your claim will come to an end. You can start your claim again but you will have to pay another filing fee.
- Did you receive Form 5 from the defendant within 30 working days?
if no: complete Form 6A – Apply for judgment. File this form at the District Court within 90 working days of serving Form 4. The fee is $48.30
if yes: do you think you could reach an agreement with the defendant?
if yes: settle claim with defendant
if no: complete Form 6 and send it to the defendant.
- File Form 6 as soon as possible (including affidavit of service section) at the District Court. The fee is $906.30.
The District Court will contact you with the next steps in the process. This may involve a court appearance.
Helpful websites
Community Law Centres: www.communitylaw.org.nz
Legal Aid: www.justice.govt.nz/services/getting-legal-aid
Citizens Advice Bureau: www.cab.org.nz
New Zealand Law Society: www.lawsociety.org.nz
Contact us
Contact us for more information about making a civil claim in the District Court:
Website: www.justice.govt.nz/civil
Email: civil@justice.govt.nz
Telephone: call your local court.
It is listed under Justice, Ministry of in the blue pages of your telephone book.
Courts-200-Make-claim-in-civil-court-final.pdf
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