Depending on the outcome of the court appearance, Stokes may now make his return to international cricket in the sides' second T20 clash at Seddon Park in Hamilton on Sunday, February 18.
The T20 tri-series, which also includes Australia, has its final set for Auckland on Wednesday, February 21 before New Zealand and England play five ODIs.
They'll then play a two-test series.
The 26-year-old Stokes also missed the Ashes due to the incident in Bristol, having been suspended from playing for England.
While England were losing the series 4-0, Stokes spent a month in New Zealand playing limited overs matches for Canterbury. He was cleared by the England and Wales Cricket Board (ECB) to resume playing last week.
However, England coach Trevor Bayliss has previously said Stokes is not guaranteed to walk back into the team.
Root had intended to play a full part in all three formats this summer but, after captaining his side to a 4-0 Ashes defeat and playing a key part in the hat-trick of one-day wins over Australia, he has accepted the England and Wales Cricket's Board offer of a rest.
Root insists he felt torn at making the decision despite having entered the looming Indian Premier League player auction.
"I hate missing games of cricket for England. It is something that doesn't really sit well with me," he said.
"You look at the amount of cricket we have got coming up and it was a long, hard decision that me and [head coach] Trevor Bayliss had to come to. I was very reluctant to miss this series but it's important that I am fresh and at my best for the whole summer."
Root does not deny there is a financial aspect to his IPL decision, with his status as a designated marquee player making a bumper payday almost certain.
"Of course there is a money side to it, there is no point lying about it," he said. "That is obviously a benefit of playing in the IPL."
Eoin Morgan captains the England one-day and T20 sides. They play Australia on February 7 (Wednesday) and 10 (Saturday) before crossing the Tasman to face the Black Caps in Wellington on February 13 (Tuesday) and Hamilton five days later (Sunday, February 18).
The England squad for a subsequent five-match one-day international series against New Zealand is yet to be named.