The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
There are several sources of law, the primary ones being acts enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
After decades of self-governance, New Zealand gained full statutory independence from Britain in 1947. It is a constitutional monarchy with a parliamentary democracy. The monarch of New Zealand is the head of state – represented in the Realm of New Zealand by the governor-general – and is the source of executive, judicial and legislative power, although effective power is in the hands of ministers drawn from the democratically elected New Zealand House of Representatives. This system is based on the "Westminster model", although that term is increasingly inapt given constitutional developments particular to New Zealand. For instance, New Zealand introduced a unicameral system within a decade of its statutory independence.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece,New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest is a right in equity that may be protected by an equitable remedy. This concept exists only in systems influenced by the common law (as opposed to civil law) tradition, such as New Zealand, England, Canada, Australia, and the United States.
The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes laws, provides ministers to form the Cabinet, and supervises the work of government. It is also responsible for adopting the state's budgets and approving the state's accounts.
The House of Representatives is a democratic body consisting of representatives known as members of parliament (MPs). There are normally 120 MPs, though there are currently 123 due to overhang seats. Elections take place usually every three years using a mixed-member proportional representation system, which combines first-past-the-post elected seats with closed party lists. 72 MPs are elected directly in single-member electoral districts and further seats are filled by list MPs based on each party's share of the party vote. A government may be formed from the single party or coalition of parties that has the support of a majority of MPs. If no majority is possible, a minority government can be formed with a confidence and supply arrangement. If a government is unable to maintain the confidence of the House then an early general election can be called.