Abstract
This dissertation critically examines the application of key elements of NZ's corporate insolvency system to small businesses facing pressure. As alluded to in the title, it investigates whether NZ's current law upholds a core apolitical value of insolvency systems: fairness. Fairness is defined here as law that appropriately balances and reflects the interests of affected parties. This paper identifies two core affected parties when a small business is under strain: the creditors and the small business owner.