Court Services & McKenzie Friend Support
The Common Law Embassy provides expert guidance and support for those navigating legal proceedings under common law principles. We act as McKenzie Friends and advocates to assist you in representing yourself effectively in New Zealand courts.
What is a McKenzie Friend?
A McKenzie Friend (also known as a Lay Assistant or Court Supporter) is a person who assists a litigant in court when that litigant is representing themselves. The right to have a McKenzie Friend is recognized in New Zealand courts and derives from common law principles of natural justice.
Origin and Recognition in New Zealand
The term "McKenzie Friend" comes from the 1970 English case McKenzie v McKenzie, where Levine McKenzie could no longer afford legal representation. An Australian barrister, Ian Hanger, who was not authorized to practice in England, attended to assist. When the trial judge ordered Hanger to sit in the public gallery instead, McKenzie appealed. The Court of Appeal ruled that McKenzie should have been allowed this assistance, leading to a retrial.
In New Zealand, the Law Commission has recommended that litigants in person should be able to have a support person with them in court unless that person will obstruct the efficient administration of justice. The New Zealand Law Society supports allowing litigants to use a lay assistant or McKenzie Friend.
What a McKenzie Friend Can Do in NZ
According to the NZ Ministry of Justice and Family Court guidelines, a McKenzie Friend may:
- Provide moral support and help you remain calm and focused
- Take notes during proceedings
- Quietly suggest questions you might ask witnesses
- Help organize documents and evidence
- Assist with legal research and case preparation
- Provide advice on court procedure and protocol
- Help you understand legal terminology and arguments
- Remind you of important points you wish to make
- Sit beside you during proceedings with court permission
Rights and Limitations in NZ Courts
- You have a general entitlement to reasonable assistance from a support person
- The court can refuse only where the interests of justice don't require such assistance
- A McKenzie Friend does not need to be a lawyer
- McKenzie Friends cannot speak for you in court without special permission
- They should communicate with you quietly and discreetly during proceedings
- The court must provide reasons if denying your McKenzie Friend access
Applying for a McKenzie Friend
For Family Court, you must complete application forms available by calling 0800 224 733. For other courts, inform the court as early as possible and state: "Your Honour, I am a self-represented litigant and I have a McKenzie Friend to assist me."
Court Consultation & Strategy
Comprehensive consultation to understand your case and develop an effective common law strategy.
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Our Consultation Services Include:
- Detailed case review and analysis from a common law perspective
- Identification of jurisdictional issues and challenges
- Strategy development based on common law principles
- Understanding the difference between legal person and natural person
- Assessment of your standing and capacity in the matter
- Review of charges, claims, or complaints against you
- Development of questions for cross-examination
- Preparation for appearing in court as a self-represented litigant
What to Bring to Court
Based on NZ Ministry of Justice guidelines:
- All relevant documents including witness statements
- Written submissions you have prepared
- Letters or emails from the court
- Pen and paper to take notes
- Arrive at least one hour early
Document Preparation & Filing
Professional preparation of all necessary court documents, notices, and filings.
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Documents We Prepare:
- Notice of Understanding and Intent regarding jurisdiction
- Affidavits and sworn statements
- Motions to dismiss for lack of jurisdiction
- Objections to procedural irregularities
- Notice of reservation of rights
- Appeals and applications for review
- Witness statements and evidence compilation
McKenzie Friend Court Support
Personal attendance and support as your McKenzie Friend during court proceedings.
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In-Court Support Services:
- Attending court with you as your McKenzie Friend
- Taking detailed notes of all proceedings
- Quietly advising you during the hearing
- Helping you stay calm, focused, and organized
- Assisting with document management
- Providing immediate post-hearing analysis
We typically require at least six weeks' notice unless it's urgent.
Private Prosecution Assistance
Support for bringing private criminal prosecutions when authorities fail to act.
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Your Right to Private Prosecution
Private prosecutions remain legal in New Zealand and are considered an important safeguard for citizens. Under common law, every citizen retains the right to bring private prosecutions when the state fails to act.
Our Support:
- Assessment of whether your case meets the criteria
- Preparation of charging documents
- Gathering and organizing evidence
- Court filing procedures
- Understanding the prosecution process
The Common Law Embassy provides advocacy and educational support as McKenzie Friends. We do not practice law as lawyers or barristers. We help you understand and exercise your common law rights.
Our services are based on the recognized right to have a McKenzie Friend assist self-represented litigants in New Zealand courts.