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New Zealand

Common law

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New Zealand is a common-law country with no single written constitution. Parliament is sovereign. The Treaty of Waitangi (1840) between the Crown and Māori has an important place in the law, and a no-fault accident compensation scheme replaces most personal-injury lawsuits.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • Acts of Parliament, including the Constitution Act 1986 and the Bill of Rights Act 1990
  • Case law (precedent), including common-law decisions from New Zealand, England and Australia
  • The Treaty of Waitangi, whose principles are recognised in many statutes
  • Tikanga Māori (Māori custom), which is recognised as part of the law in some areas

The main courts

  • The Supreme Court of New Zealand at the top (since 2004, in place of the Privy Council)
  • The Court of Appeal, then the High Court
  • District courts, and specialised bodies such as the Māori Land Court and the Waitangi Tribunal

Becoming a lawyer

A law degree, a professional course, and admission as a barrister and solicitor. The profession is united in one.

What may surprise you

  • The accident compensation scheme (ACC) largely removes the right to sue for personal injury, in return for no-fault cover.
  • Courts cannot strike down Acts of Parliament, though they can say if an Act conflicts with the Bill of Rights.
  • The Treaty of Waitangi shapes law and public policy.
  • Barristers and solicitors are one profession, but many practise as barristers sole.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists New Zealand as: Common law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about New Zealand, consult a lawyer qualified there. Report a mistake.