The NZ Legal System

The New Zealand legal system has evolved from the British justice system, though has taken a direction reflecting local issues. For instance, indigenous rights issues are an influence in the revised Copyright and Trade Marks Acts, and the current review of the Patents Acts - most current Acts being originally based on equivalent British Acts circa 1950.

The legal system also reflects the British system and comprises, in ascending order, the District Court, the High Court (generally the lowest court in which Intellectual Property matters are heard), the Court of Appeal, and the Supreme Court. More information on the NZ Judiciary can be found here:

Other semi-judicial avenues are also available for disputes. Small claims Disputes tribunals deal with minor disputes between parties but do not deal with substantive issues. Arbitration and mediation are options available for dispute resolution and may be ordered by the Court as a first step prior to a court date being set. Evidence of attempted resolution may also have a bearing on damages awarded by a Court.

The New Zealand Intellectual Property Office (IPONZ) is also empowered by some of the current Acts to deal with matters such as oppositions and revocations, and ownership disputes. A right of appeal before the Commissioner is provided to an applicant for most sections of the Acts administered by IPONZ. The Commissioner also has limited powers of discretion over most matters governed by corresponding regulations (to each Act) and for matters defined in certain sections of each Act.

Appeal to the High Court, and higher Courts, exist for most decisions of the Commissioner though time limits may be imposed within the various Acts, or the right of Appeal precluded. Certain actions, such as patent revocation, may be taken to the Court in the first instance though the issues, grounds, and the manner by which they are to be considered may also vary between matters heard before the Court, and the Commissioner - for instance some grounds for patent revocation through IPONZ and the Court vary, and some common grounds are considered differently.

The similarity of New Zealand intellectual property legislation to the older British Acts, upon which the legislation of many other British Commonwealth countries have also been based, means that decisions issuing from the Courts of these countries often carry weight in NZ Courts (and IPONZ hearings), particularly in the absence of any NZ case law on the issue.

®