Lecture 1 - Introduction to Law

• Statute law is created by Parliament and cannot be overridden by a Judge's decision
• Formal validity of a law does not always mean it is just or reflects societal views of morality
• Law is defined as rules which prescribe the conduct appropriate in particular contexts
• In New Zealand, a law has to have been made by an Act of the Parliament of New Zealand or stated to be law by a judge in the course of deciding a case in a New Zealand court
• New Zealand is a common law country
• Parliament is Supreme
• Justice and Law

  Justice is a subjective personal concept, while law is an objective fact
• Purposes of the law

  • Maintain social order
  • Regulate the relationship between the state and citizens
  • Regulate the relationship between one citizen and another
  • Resolve disputes
• Public Law


  • International
  • Administrative
  • Constitutional
  • Local government
  • Criminal
• Status given to laws

  • Acts of Parliament (primary legislation)
  • Rules, bylaws, and regulations (delegated or secondary legislation)
  • Judicial decisions
• Statute law can override common law
• Different Legal systems and philosophies of law

  • Civil Law
  • Confucianism & Legalism
  • Indigenous Legal Systems
  • Islamic Law
  • Napoleonic Code
  • Roman Law
• Civil Law Terminology (in a civil case)

  • An individual sues or brings proceedings
  • The proceedings are referred to as an action
  • The person who brings the action is called the plaintiff; in some types of proceeding he/she may be referred to as the applicant
  • If the plaintiff’s action is successful the defendant is said to be found liable
  • The judge may compel the defendant to cease the behavior of which complaint is made by means of an injunction or compel performance of a contractual obligation by a decree for specific performance
• Civil law is made up of the different areas of private law
• Law often involves enforcement by an agent of the government such as the police, IRD (tax), Commerce Commission (consumer law)
• Private Law areas


  • Contract law
  • Tort law
  • Property law
  • Family law
  • Employment law
• An individual who commits an offence may be criminally prosecuted (usually by the state)
• If an individual feels they have a claim as a result of a breach of civil law they may take the matter to court
• Criminal law is part of public law
• The English influence, although note the Supreme Court stated in 2012 that “Māori custom according to tikanga is part of the values of the New Zealand common law” (Takamore v Clarke [2012] NZSC 116)
• Criminal Terminology (in a criminal case)

  • The state prosecutes
  • The proceedings are referred to as a trial
  • The state is known as the prosecution or the Crown or the police
  • If the prosecution is successful the defendant is said to be found guilty
  • If the defendant is found guilty the judge will pass sentence in order to punish the defendant by means of imprisonment or fine or other non-custodial sentence
• The burden of proof is on the prosecution and the standard of proof is beyond reasonable doubt
• The burden of proof is on the plaintiff and the standard of proof is “on the balance of probabilities”
• In private/civil law disputes, the role of government is to provide forums to resolve disputes
• Types of law

  • International
  • Administrative
  • Constitutional
  • Local government
  • Criminal
• The doctrine of precedent
• Parliamentary supremacy