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A Statement of Claim launches formal legal proceedings in New Zealand courts by setting out your case against another party. It's the key document that spells out who you're taking to court, what they did wrong, and what you want the court to do about it.

This document needs specific details about the events, dates, and legal basis for your claim, plus the remedy you're seeking - like payment of money or specific actions. Under NZ court rules, you must file it with the right court registry and serve it properly on the other party, who then has time to respond with a Statement of Defence.

You need a Statement of Claim when informal attempts to resolve a dispute have failed and you're ready to take legal action through the courts. Common situations include recovering unpaid debts, seeking compensation for breach of contract, or resolving property disputes where significant money or rights are at stake.

Time is critical - legal deadlines called limitation periods restrict how long you have to file your claim. For example, most contract and property disputes in New Zealand must be filed within 6 years of the incident. Missing these deadlines can permanently block your right to seek justice through the courts.

• General civil claims for the District Court or High Court - these outline monetary disputes, property matters, or contract breaches
• Specialised claims for the Employment Relations Authority about workplace disputes or unfair dismissal
• Family Court claims covering relationship property division or child custody matters
• Tenancy Tribunal claims for rental disputes between landlords and tenants
• Small claims (under $30,000) using simplified forms in the Disputes Tribunal

• Plaintiffs: Individuals, companies, or organizations who start the legal action by filing the Statement of Claim to seek compensation or resolution
• Lawyers: Legal professionals who draft and file these documents, ensuring they meet court requirements and effectively present their client's case
• Court Registry Staff: Process and manage filed claims, ensure proper documentation, and maintain court records
• Defendants: Parties who receive the Statement of Claim and must respond within set timeframes, usually through a Statement of Defence
• Judges: Review claims to ensure they meet legal requirements and have proper jurisdiction before proceedings begin

• Basic Details: Gather full legal names, addresses, and contact information for all parties involved in the dispute
• Timeline: Document key dates, events, and communications related to your claim in chronological order
• Evidence: Collect all relevant documents, photos, correspondence, and records that support your case
• Legal Basis: Identify specific laws or legal principles that your claim relies on
• Remedy: Calculate exact amounts claimed or specify precise actions you want the court to order
• Court Selection: Determine the appropriate court based on claim value and subject matter
• Filing Requirements: Check current court fees and prescribed forms for your jurisdiction

• Court Details: Full name and location of the court where you're filing the claim
• Party Information: Complete legal names and addresses of all plaintiffs and defendants
• Cause of Action: Clear statement of the legal basis for your claim, such as breach of contract or negligence
• Material Facts: Specific details of what happened, when, and how it affected you
• Relief Sought: Exact compensation or actions you want the court to order
• Legal Authority: References to relevant laws or previous cases supporting your claim
• Verification Statement: Signed declaration that the information provided is true and correct

A Statement of Claim differs significantly from a Witness Statement in both purpose and legal effect. While both documents play important roles in legal proceedings, they serve distinct functions and are used at different stages.

• Primary Purpose: A Statement of Claim initiates legal action and outlines your case against another party, while a Witness Statement provides factual evidence to support an existing case
• Timing of Use: The Statement of Claim comes first, starting the court process. Witness Statements are typically prepared later as evidence
• Content Focus: Statement of Claims present legal arguments and relief sought, while Witness Statements strictly detail observed facts and personal knowledge
• Legal Requirements: Claims must follow strict court formatting rules and include specific legal elements. Witness Statements need only be truthful accounts of events witnessed