Civil Litigation FAQs

Tim Gunn has a proven track record in the High Court, District Court, and various tribunals, including mediations and adjudications. He is the only specialist civil litigation lawyer in the North Auckland / Rodney district, and acts for clients throughout New Zealand.

General Civil Litigation

Q: What is civil litigation?

Civil litigation is the legal process by which private disputes between individuals, businesses, or organisations are resolved — as opposed to criminal proceedings, which are brought by the state. Civil disputes typically involve claims for compensation (damages), enforcement of contracts, or declaration of legal rights. Common civil disputes include breach of contract, property disputes, professional negligence, and financial disputes. Courts involved include the Disputes Tribunal (up to $60,000 from January 2026), the District Court (up to $350,000), and the High Court (for more complex or higher-value matters).

Q: How do I know whether to go to the Disputes Tribunal or the courts?

From 24 January 2026, the Disputes Tribunal can hear claims up to $60,000 — double the previous limit. It is informal, accessible, and does not require legal representation, making it suitable for smaller, straightforward disputes. For claims above $60,000, or for complex matters involving detailed legal argument, the District Court or High Court is appropriate. Tim advises on the right forum for each dispute and can represent clients in all courts and the Disputes Tribunal.

Q: How long does civil litigation take in New Zealand?

This varies significantly depending on the court and the complexity of the matter. Whilst efforts are being made across all Courts to address time delays litigation is a multi-year process.  Straightforward District Court matter might resolve within 12 -18 months, while complex High Court litigation can take 2-4 years through to trial. However, many disputes — including those that appear complex — resolve earlier through negotiation, mediation, or settlement. Tim's approach prioritises efficient resolution: identifying the decisive issues early, eliminating unnecessary process, and pursuing settlement where it is in your interest.

From 1 January 2026, significant changes to the High Court Rules came into effect. The aim is to reduce overall costs, but the new approach substantially front-loads expenditure earlier in the process. Key changes include the replacement of Discovery with a new Disclosure regime, a move to an Evidence First Model (requiring evidence to be completed at an earlier stage), and the introduction of Judicial Issues Conferences to refine the issues in dispute from the outset. The full practical and cost implications of these changes are still being worked through by the profession, and Tim will advise clients on how they apply to their specific matter.

Property & Neighbour Disputes

Q: My neighbour has built a fence/structure in the wrong place. What can I do?

Boundary, fencing, and encroachment disputes between neighbours are common civil matters. Options include direct negotiation (sometimes with a surveyor's report to confirm the boundary), mediation, or proceedings in the District Court or High Court. The Fencing Act 1978 provides a specific process for fencing disputes. Tim advises on property boundary disputes, encroachment issues, easement disputes, and right-of-way conflicts.

Q: What is an easement dispute and how are they resolved?

An easement is a legal right to use another person's land for a specific purpose — for example, a right of way to access your property across a neighbour's land. Easement disputes arise when there is disagreement about the scope or existence of the right, or when a party interferes with the other's use of the easement. These disputes are resolved by the District Court or High Court, with reference to the Property Law Act 2007 and the terms of the easement itself. Tim has extensive experience in easement and right-of-way disputes.

Q: I am a landlord with a tenant who refuses to leave. What are my options?

Landlord and tenant disputes for residential properties are primarily dealt with through the Tenancy Tribunal. For commercial leases, the District Court or High Court has jurisdiction. Tim assists landlords with claims against tenants who refuse to vacate, who are in breach of lease conditions, or who have caused damage to property. Early legal advice is important — the process and remedies differ significantly between residential and commercial tenancies.

Professional Negligence

Q: Can I sue a professional (lawyer, builder, engineer, valuer) for negligence in New Zealand?

Yes. Professional negligence claims arise when a professional fails to meet the standard of care reasonably expected of someone in their field, and that failure causes you loss. Common professional negligence claims Tim handles include claims against builders and developers for defective workmanship, claims against structural and geotechnical engineers, claims against real estate agents for misrepresentation, and claims against valuers. These claims often involve expert evidence and can be complex — early legal advice is important.

Q: I have a dispute with my builder over defective workmanship. What can I do?

Building and construction disputes are a core area of Tim's practice. If your builder has performed defective work, potential claims include breach of contract, breach of the Building Act warranties implied into all residential building contracts, and negligence. Dispute resolution options include negotiation, the Building Disputes Tribunal adjudication process, and court proceedings. Tim advises on the strength of your claim and the most efficient path to resolution, including working with construction experts to quantify your losses.

Financial & Commercial Disputes

Q: I am owed money and the other party won't pay. What can I do?

Debt recovery and contractual disputes are among the most common civil litigation matters. Options include a letter of demand, negotiation, Disputes Tribunal (for claims under $60,000), District Court proceedings (under $350,000), or High Court proceedings. In some cases, an urgent application may be available to freeze assets before judgment. Tim advises on the right approach based on the amount owed, the strength of your claim, and the debtor's likely ability to pay.

Q: What is mediation and is it worth trying?

Mediation is a structured negotiation process facilitated by a neutral third party. It is voluntary (unless required by contract or court order), confidential, and far less expensive than a court hearing. In Tim's experience, many disputes that appear intractable resolve at mediation when both parties have a clear-eyed assessment of the risks and costs of litigation. Tim represents clients in mediations and adjudications across all areas of his practice.