Abstract
With protective costs orders (PCOs) currently in a stage of infancy in New Zealand, it is timely to explore whether and how PCOs can be an effective measure for improving access to justice. I aim to answer this question by evaluating New Zealand’s current approach to PCOs, and comparing it to regimes from other jurisdictions. Having examined a number of potential challenges and issues relating to PCOs, I recommend several changes that could be made to the current test for PCOs in New Zealand. Further, I propose New Zealand follow the example of the United Kingdom, Canada, and Australia by codifying PCOs into legislation, with a model for how this could be achieved (Chapter 5). This way, PCOs can be accessible, predictable, and meaningfully contribute to enhancing access to justice in New Zealand.