Part 2 – What is process serving? Article on the history of process servers and process serving.

Due legal process for our government

This is the requirement that the state (government) must respect all legal rights that are owed to a person. This simply means it balances the law of the land and protects an individual from it. When a government harms a person without following the exact course of the law, this constitutes a violation of the legal process which effects the rules of law.

The role of a process server is important to ensure that every person (individual, defendant or party to legal/court proceedings) who has been charged with an offence, or is involved in civil court or legal proceedings, must be formally advised in order for them to respond to the allegation, file a defence and obtain legal advice (representation).

This is the right of any person and where the role of a process server (legal document server) becomes very important. What is “due process”? The phrase known as ‘due process of law’ comes from statutes that were founded in the Magna Carta from almost 900 years ago.

Magna Carta, which means ‘The Great Charter’, is one of the most important documents in history as it established the principle that everyone is subject to the law, even the king. It guarantees the rights of individuals, the right to justice, and the right to a fair trial for all.

In 1215 King John agreed to the terms of the Magna Carta following the uprising of a group of rebel barons in England. The barons captured London in May 1215 and forced King John’s hand to finally negotiate with the group, and the Magna Carta was created as a peace treaty between the king and the rebels. These days much of the Magna Carta is not actually part of the law of the land in England, or here in New Zealand.

There are some core principles of Magna Carta that remain part of our law and constitution. What is probably the most famous clause of Magna Carta is on the statute books in New Zealand. It states: “No freeman shall be taken or imprisoned, or his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.”

The key principles of the rule of law in New Zealand constitution:

• Everyone is subject to the law, including the Government
• The law should be clear, and clearly enforceable
• There should be an independent, impartial judiciary

The concept of due process is reverberated throughout New Zealand law. In the New Zealand Bill of Rights Act 1990, section 25 it clearly states that every person who is charged with a criminal offence has the right to a public hearing and a fair trial in a court.

Process of service in an integral part of our legal system

Process servers ensure an individual’s right to due process. Their diligence ensures that every party (defendant) is formally advised of their involvement in court or legal proceedings so they can respond and in turn, their rights are upheld. When you employ a process server in New Zealand, we urge you to ensure the process server has the credentials and experience to serve your legal documents correctly and within the courts rules of service.