New Zealand
The justice system of New Zealand
An uncodified constitution under parliamentary sovereignty, with the Treaty of Waitangi and tikanga Māori as part of the constitutional and legal fabric.
Facts on this page were checked against their sources on .
New Zealand has no single written constitution. The Constitution Act 1986 organises the State into the Sovereign, the Executive, the Legislature and the Judiciary, and the judiciary's independence rests on section 23 (a High Court judge may be removed only by the Sovereign or Governor-General on an address of the House of Representatives, and only for misbehaviour or incapacity) and section 24 (a judge's salary may not be reduced during their commission) — described by the courts as "ancient guarantees".
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
Sources
Sources
Constitution Act 1986 (New Zealand)
Parliament of New Zealand (via the UN FAO FAOLEX mirror) · Legislation · 1986-12-13 · link verified 2026-07-27
The Constitution Act 1986 (Public Act 1986 No 114), fetched as a PDF from the UN FAO FAOLEX mirror (the official legislation.govt.nz is behind an AWS WAF JavaScript challenge) and text-extracted; ss 23 and 24 re-confirmed verbatim in two passes. Supports that New Zealand has no single supreme-law constitution — the Act organises the State into Part 1 (the Sovereign), Part 2 (the Executive), Part 3 (the Legislature) and Part 4 (the Judiciary) — and s 23 (a High Court judge may be removed only by the Sovereign or Governor-General on an address of the House of Representatives, on the ground of misbehaviour or incapacity) and s 24 (a judge's salary may not be reduced during their commission). Establishes judicial independence and the uncodified, parliamentary-sovereignty framework.
Courts of New Zealand — the judiciary and the courts
Courts of New Zealand (Te Kōti o Aotearoa) · Government publication · link verified 2026-07-27
The judiciary's own site, read directly. Supports that "the Constitution Act 1986 recognises the three branches of government — the legislature (Parliament), the executive … and the judiciary", that "each operates independently of the others … known as 'the separation of powers'", and that the security of tenure and salary in ss 23 and 24 are described as "ancient guarantees"; and the ordinary court hierarchy (Supreme Court → Court of Appeal → High Court → District Court, plus specialist courts including the Māori Land Court).
Ellis v R [2022] NZSC 114 (Supreme Court of New Zealand)
Supreme Court of New Zealand (Te Kōti Mana Nui) · Court record · 2022-10-07 · link verified 2026-07-27
The Supreme Court's judgment in Ellis v R [2022] NZSC 114 (7 October 2022). Cited, by attribution, for the majority's acceptance that tikanga (Māori law/custom) "was the first law of Aotearoa New Zealand" and may be engaged as part of the common law, with the Court noting it does not have the mandate or expertise to "declare" tikanga as it declares the common law. Used to record, accurately and by attribution, that tikanga Māori is a recognised source of law — not as a decorative aside.