In this article, our experts crunch the numbers on time delays for civil court proceedings, meanwhile our Litigation Partner Ben Upton spoke to the NBR in an article published today about why upcoming changes to address delays are “about as momentous as it gets when it comes to courtroom changes.” Read the full interview here [paywall].

Civil court delay statistics

Of particular interest, and in relation to our High Court where most of the larger commercial disputes are dealt with, the reports reveal:

• There were 2,217 new civil cases filed in 2024 (excluding insolvency cases), with 2,232 cases disposed of (by way of judgment or otherwise). This suggests that that Court is keeping pace with new business, although only very slowly chipping away at the backlog that has built up over the last few years.
• This backlog continues to create significant wait times for hearings, with an average wait time across the country of 566 days between the date on which a civil case is ready for hearing and its scheduled hearing date. The problem is even worse in Auckland, where the average wait time is 627 days (up from 604 in 2023). This delay, of more than a year and a half for many major cases, creates a real barrier to litigants accessing justice and runs contrary to the stated objective of the High Court Rules - to secure the just, speedy, and inexpensive determination of any proceeding. The upcoming changes to the Court rules (discussed below) are targeted at reducing this wait time, resolving matters faster and, as a result, freeing up judicial resource.
• Despite these delays, the Court delivered more than 2,000 decisions in civil matters in 2024, with 92% of those decisions issued with the three-month target timeframe.
• Insolvency cases (including bankruptcy and liquidation applications) are up 32% on 2023, with 2,174 new applications filed. This shows a continuing trend, with the number of new insolvency cases more than doubling since 2020, when only 1,029 applications were filed. Most liquidation applications appear to be coming from Inland Revenue, with the tax department reporting that they started liquidation proceedings against around 500 companies in the final quarter of 2024 alone.
• An increasing number of criminal appeals (some 1,913 new appeals were filed in 2024) and steady flows of criminal trials and civil appeals also contribute to the High Court’s high workload.

In addition to the increasing workload, the Chief Justice has previously been candid about the negative impact of the Courts’ reliance on paper-based files and limited digital infrastructure. 

What is being done to relieve the pressure and keep the wheels of justice turning? 

• The statutory cap on senior court judges prevents the appointment of more judges to spread the load. Although the Judicature (Timeliness) Legislation Amendment Bill currently before Parliament proposes to raise that cap by two (from 55 to 57). In our view this is a long overdue amendment, as the number of High Court judges has not increased for more than 20 years. The practice of appointing retired judges as acting judges has also become more common to ease the pressure on the courts, which is of itself unsatisfactory, even if those being appointed are experienced. 
• An additional Associate Judge role has also been created in Auckland recently, bringing the total number of Associate Judges sitting across the country to eight. Associate Judges play a key role in case management prior to trial and the resolution of insolvency cases.
• Substantial amendments to High Court Rules are coming into effect on 1 January 2026. These rules introduce significant changes aimed at creating greater efficiency, proportionality and need for cooperation. We will be putting out more guidance on these reforms closer to their commencement as they will be very impactful in terms of process, cost and approach. We expect significantly more front-end work will be required to comply with the new rules, although they also aim to discourage extensive disclosure. 
• The stated purpose of the amendments is to improve access to civil justice, including by reducing unnecessary cost and delays. In practice, we expect there will be a long settling in period, while litigants and their lawyers adjust to the new practices. So we are unlikely to see any dramatic effect on the Courts’ workload in the short term. However, the Chief Justice has recently indicated, that these changes “will require a change in culture as to how civil litigation is conducted and managed”. We agree.
• Consistent with those general rule changes, the Auckland High Court has also developed a dedicated Commercial List to expediate case management and resolution of interlocutory matters on specific, higher-value cases. This new Commercial List and associated Practice Note comes into force on 7 October 2025. You can read more about the entry criteria and features of this list here.
• New case management software (known as Te Au Reka or ‘sweet flow’) is being developed for all New Zealand courts. This is intended to provide a digital portal for all filing, case management, scheduling and communications with the courts. In addition to a key internal tool for judges and court staff. This programme initially intended to be rolled out from 2023, but progress has been slow. The latest update is that the system will be available from mid-2026 in the Family Court, with the District and High Courts to follow in mid-2027 and appellate courts in late 2028. When this comes online, it should increase the efficiency of the Court system, and bring New Zealand in line with other jurisdictions, who have had access to electronic court records for many years.
• The Ministry of Justice is also working to improve online information that is available and to create centres of knowledge and expertise in court registries to assist litigants and improve file management. We are already seeing the results of this with more informed and better trained Court staff.
• Protocols around remote appearances in Court have been developed and finalised and courtroom infrastructure has been upgraded in several court centres to facilitate more appearances by audio or video link. This can create significant cost savings for court participants.
• The Disputes Tribunal jurisdiction is being increased to $60,000. This Tribunal has proved successful in dealing with lower-value disputes. The increase in threshold should mean less filings in the District Court, which remains New Zealand’s busiest Court centre for both civil and criminal matters.
• The Ministry of Justice has recently consulted on the possible introduction of a statutory fast track adjudication scheme for business disputes. This would be like that currently in place for construction disputes, with a ‘pay now - argue later’ approach following a quick-fire determination by an appointed private adjudicator. This too, if introduced, and incorporated into standard dispute resolution clauses in contracts could provide a useful alternative dispute resolution process for commercial parties.
• Finally, the use of Artificial Intelligence is given some consideration. The Chief Justice’s report refers to New Zealand’s early adoption of guidelines on AI (in 2023), and a UNESCO publication which promotes the use of AI tools to enhance, although not replace, human judgment.

Summary

We are hopeful that these efforts, in combination, will reduce the waiting time between cases being ready for hearing and the dates allocated for trial. Such delays have become a key disincentive to civil litigants using the public court system, as they are inevitably warned at the outset that it could be years before they see an outcome. As a result, we have seen an increase in mediations, private arbitrations or somewhat forced settlements. 

As the Chief Justice recently reminded the profession, the cost of delay must be measured in human terms. This is perhaps more acute in criminal matters, but such concerns also apply to civil and commercial disputes, where significant money, livelihoods, reputation, public and commercial wellbeing and many other elements are invariably in play.

New Zealand is also seeking out foreign investment. Having an efficient, timely and well-run court system is a key element in selling New Zealand as an attractive place to do business. 

Get in touch

If you would like to discuss any of the above changes, get in touch with one of our experts.

Special thanks to Lucy Harrison for her assistance in preparing this article.