ABUSE
Intentional harming or maltreatment, whether physical; sexual; psychological and/or emotional. Abuse is generally seen as an act of commission or deliberate act, whereas neglect is seen as an act of omission. That said, the Domestic Violence Act 1995 states that “[a] number of acts that form part of a pattern of behaviour may amount to abuse [...], even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.”
ACCUSED
Someone charged with committing a criminal offence.
ACQUITTED
When an accused is found not guilty of a charge in a Jury Trial
ACT
An Act contains laws that govern our country. Laws are made by Parliament. Any reference to an Act includes all the rules and regulations made under that Act.
ADDRESS FOR SERVICE
A street address where documents relating to a Court proceeding can be delivered to someone who is involved in the proceeding.
ADJOURN, ADJOURNMENT
The postponing of a proceeding. For example, a Judge may postpone a proceeding for one month to allow time for the parties to discuss settlement or file affidavits.
ADMINISTER
To administer a deceased person’s estate involves managing that person’s money and property. This includes finding out the debts owed, paying debts, and distributing the estate to those entitled to it by law.
ADMINISTRATOR
A person appointed by the High Court to administer the estate of a person who has died without making a valid will.
ADMIT
To agree to having broken the law. When someone says they did the crime they’re charged with, they’re admitting the charge.
ADMONISH
To formally warn someone. A Youth Court Judge can do this when it is proven that a young person committed a criminal offence or they agree that they did. A Family Court Judge can admonish a parent who has breached a Parenting Order.
AFFIDAVITS
A written statement made under oath before a notary public or other authorised officer.
AMICUS CURIAE
Latin for “friend of the Court”! An amicus curiae is a person or organisation who is not a party to a case but who volunteers skilled information to assist the Court to determine the matter before it.
AFFIRMATION
A promise that something is right or true, which is made by someone without any religious beliefs. An affirmation is just as serious as an oath.
APPEAL
A formal request for a higher Court to reconsider the decision of a lower Court.
APPEAL AGAINST CONVICTION
This is an appeal against a finding that a person is guilty. It can be quite complicated and usually takes between 2-8 hours, sometimes more. Often there will be an appeal against sentence at the same time. Such an appeal is called an appeal against conviction and sentence.
APPEAL AGAINST SENTENCE
This is an appeal against the sentence imposed by the Court, usually on the ground that it was excessive or inappropriate. It usually takes between 2-6 hours depending on complexity and hearing time. Often there will be an appeal against conviction as well which will usually result in an increase in time required. Such an appeal is called an appeal against conviction and sentence.
APPELLANT
A person who makes an appeal.
APPLICANT
A person who applies for a Court order. Also called the plaintiff.
APPLICATION
A formal request to a Court for an order, direction, or decision under a particular Act.
APPLICATION FOR DIRECTION
An application made to the Court in any matter, where directions are sought from the Court on how to progress the case.
ARBITRATION
A method of dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator instead of going to Court.
ARBITRATOR
A person who works with the parties to a dispute to help them resolve their conflict through arbitration. The arbitrator is like a Judge for the purposes of the arbitration.
ASSIGNMENT
The transfer of legal rights, such as the time left on a lease, from one person to another.
ASSOCIATED RESPONDENT
In the context of an application under the Domestic Violence Act 1995, a person against whom an order is sought on the basis that the person is being encouraged by the respondent to commit domestic violence against the applicant.
ASYLUM SEEKER
A foreigner, already in New Zealand or at the border, who seeks refuge by claiming an inability or unwillingness to return to their-home country because of a well-founded fear of persecution.
ATTACHMENT ORDER
When the Court requires the employer of a person who owes money to deduct a certain amount from the employee’s earnings to pay directly to creditors. Also referred to as garnishment.
BAD FAITH
(a) Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or by knowingly misrepresenting the quality of something that is being bought or sold.
(b) A term used during negotiations when one party is not negotiating in good faith, i.e. with a genuine willingness to seek resolution.
BAIL
Letting someone out of custody on the condition they promise to do certain things, usually to pay a sum of money. There are two sorts: Police bail and Court bail.
(a) Police bail is when the police take a person into custody, then decide to release them before they go to Court for the first time. They might do this if the person has been arrested without a warrant or it’s a summary offence.
(b) Court bail is when someone’s case can’t be decided in Court the first time they appear, and the Judge decides to release them until their next appearance in Court.
BAIL APPEAL
This is an appeal in relation to bail, usually against a refusal of the Court to grant bail, or against the granting of bail on conditions, which are considered unsatisfactory. See bail application.
BAIL APPLICATION
When people are charged with criminal offences they are often remanded. This involves putting off a hearing, often to allow for preparation, further consideration and hearing, to a later date. During the remand period a defendant or accused can be:
(a) At large, which means they are free to leave Court or Police or prison custody, without signing any paper work or other order, on the basis that they attend Court when required
(b) On bail which means that they are also free to leave Court or Police or prison custody, but must sign an order form agreeing to attend at a certain time and date. There may be conditions, for example living at a certain address, not contacting the victim, or reporting to the Police each day.
BAIL SCHEDULE
The list that sets the amount of bail a defendant is required to pay based on what the charge is. A Judge can alter the amount according to the circumstances.
BALANCE OF PROBABILITIES
The threshold for the burden of proof in Civil Courts as opposed to beyond reasonable doubt in Criminal Courts.
When weighing all factors was it more likely than not that an event occurred.
BANKRUPT
A process governed by Law to help when people cannot or will not pay their debts. A person who is insolvent may declare themselves bankrupt.
BARRISTER
A barrister is a lawyer who does not operate a Trust account and can only take on matters when asked by a lawyer/solicitor. Barristers can appear in all Courts.
BENCH WARRANT
The permission of a High Court or Judge to arrest someone for a criminal offence.
BENEFICIARY
Person named in a will or insurance policy to receive money or property; person who receives benefits from a trust.
BEYOND REASONABLE DOUBT
The highest level of proof required to win a case. It is necessary to get a guilty verdict in criminal cases.
BOARD OF DIRECTORS
The group of people elected by a corporation’s shareholders to make major business decisions for the company.
BOND
(a) A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.
(b) A bond can also be a sum of money paid in advance as security to undertake or not undertake a certain action.
BRIEF
A written document that outlines a party’s legal arguments in a case.
BRYANT HEARING
These occur when a person pleads guilty to a charge, but disputes the facts that the prosecution alleges.
BURDEN OF PROOF
The duty of a party in a lawsuit to persuade the Judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.
BUY-SELL AGREEMENT
An agreement among business partners that specifies how shares in the business are to be transferred in the case of a co-owner’s death.
BY-LAWS
Laws made by local councils. Parliament has delegated law-making power in these cases. By-laws can also be a corporation’s rules and regulations. They typically specify the number and respective duties of directors and officers and govern how the business is run.
CALL-OVERS
A case-scheduling meeting held with a Judge to discuss administrative matters for a case, for example, the time and date of a trial.
CARE AND CONTACT
Care and contact are terms used in the Care of Children Act 2004. The terms ‘custody and access’ are no longer used. Care refers to the day-to-day responsibility for children’s welfare and best interests, including their living arrangements, development and upbringing. The Act defines the term ‘contact’ as including all forms of direct and indirect interaction with the child, such as visits, phone calls and letters.
CARE AND PROTECTION
Care and protection refers to actions focused on protecting children and young persons from harm, upholding their rights and promoting their welfare. It can also refer to the social services sector of the same name (i.e. care and protection agencies). A child or young person is in need of care and protection when they are at risk of, or have suffered from, abuse or neglect (i.e. physical, psychological or sexual abuse or violence; ill-treatment; or serious deprivation); when parents or guardians are unwilling or unable to care for them; when a child or young person’s physical, mental or emotional well-being is being seriously impaired; or when they have committed an offence which gives serious concern for their well-being.
CERTIFICATE OF TITLE
See Title
CHILD ABUSE AND NEGLECT
The Children, Young Persons and Their Families Act 1989, defines child abuse as “the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.”
CASE LAW
Also known as common law. The law created by Judges when deciding individual disputes or cases.
CASE TO ANSWER
When the Judge decides that the prosecution has provided enough evidence to prove that the accused could have committed the crime. The defendant then needs to appear in Court to answer the prosecution’s case. The prosecution is still required to prove the case beyond reasonable doubt.
CAVEAT EMPTOR
Latin for “buyer beware”. This rule generally applies to all sales between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods.
CHALLENGE FOR CAUSE
In the selection of a jury lawyers acting for the case can ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence.
CHARGING LIEN
Entitles a lawyer who has sued someone on a client’s behalf the right to be paid from the proceeds of the lawsuit, if there are any, before the client receives those proceeds.
CHILD SUPPORT
The financial support paid by the liable parent to the parent responsible for the care of the child post-separation.
CIRCUMSTANTIAL EVIDENCE
Indirect evidence that implies something occurred but doesn’t directly prove it. For example, if a person accused of stealing money from a company had made several big purchases with cash around the time of the alleged theft, that would be circumstantial evidence that he had stolen the money.
CIVIL ACTION
A lawsuit relating to civil matters, i.e. matters between people or organisations, not a criminal prosecution.
CIVIL LAW
Law that governs the relationships between people or organisations. This law comes from statute (Acts) and common law.
CODICIL
A supplement to a will.
COLLATERAL
Property pledged to secure a loan or debt.
COLLECTIVE BARGAINING AGREEMENT
The contract that spells out the terms of employment between a labour union and an employer.
COMMON LAW
The body of law/decisions developed by the Courts. Common law is based on the ‘doctrine of precedent’, which means decisions made by Judges become rules that are applied in similar cases. Also known as case law.
COMMUNITY COMPULSORY TREATMENT ORDER
A type of compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992, which allows the person to live in the community for the purpose of assessment and treatment.
COMPENSATORY DAMAGES
Money awarded to reimburse actual costs, such as medical bills and lost wages. Also awarded for things that are harder to measure, such as pain and suffering.
COMPLAINANT
The person who lays the charge before the Court in a civil action, or who made the complaint, which resulted in the charge. This person is often also the victim of the offence.
COMPLAINT
In a civil action, the document that initiates a lawsuit. The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought.
In a criminal action, a complaint is the preliminary charge filed by the complaining party, usually with the police or a Court.
COMPULSORY TREATMENT ORDER
An order under the Mental Health (Compulsory Assessment and Treatment) Act 1992, which can be one of two types: an inpatient compulsory treatment order or a community compulsory treatment order.
CONCURRENT SENTENCES
Criminal sentences that can be served at the same time rather than one after the other.
CONFLICT OF INTEREST
Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill their duties fairly.
CONSECUTIVE SENTENCES
Criminal sentences that must be served one after the other rather than at the same time.
CONTEMPT OF COURT
An action that interferes with a Judge’s ability to administer justice or that insults the dignity of the Court. Disrespectful comments to the Judge or a failure to follow a Judge’s orders could be considered contempt of Court. A person found in contempt of Court can face financial sanctions and in some cases, jail.
CONTINGENCY FEE
Legal costs payable only when a certain event happens, normally the successful outcome of a civil case.
CONTRACT
An agreement between two or more parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just understood. Some contracts are required to be in writing in order to be enforced.
COPYRIGHT
A person’s right to prevent others from copying works that he or she has written, authored or otherwise created.
CORONERS COURT
Investigates the cause of death where the death appears to have been violent, unnatural, without known cause, a suicide, or appears to have occurred while the deceased was in the custody of the state.
CORPORATION
An independent entity created to conduct a business. It is owned by shareholders.
COUNSEL FOR THE SUBJECT PERSON
A barrister or solicitor appointed to represent the person who is the subject of an application, under the Protection of Personal and Property Rights Act 1988.
COUNSEL TO ASSIST
A barrister or solicitor appointed by the Court to assist with the proceedings. Usually only appointed in complex cases or where one or all parties do not have legal representation.
COURT OF APPEAL
The Court deals with civil and criminal appeals from proceedings heard in the High Court and indictable criminal proceedings in District Courts. As well, matters appealed to the High Court from a District Court can be taken to the Court of Appeal if they are considered to warrant a second appeal. The Court may hear appeals against pre-trial rulings in criminal cases. The Court also hears appeals on questions of law from the Employment Court.
COURT ORDER
A direction or command of the Court that, if not complied with, may result in contempt of Court.
CREDITOR
A person (or institution) to whom money is owed.
CRIMINAL ACTION
A public action, usually a prosecution, in the name of the Crown, against one or more individuals accused of a crime.
CRIMINAL LAW
Usually involves the police prosecuting someone for doing something that is prohibited by statute or failing to do something that is required by statute. Criminal law is between an organisation or individual and the state.
CROSS APPLICATION
An application by a respondent or defendant against an applicant or plaintiff.
CROSS EXAMINATION
The questioning of an opposing party’s witness about matters brought up during direct examination.
CUSTODY
This term is no longer used in relation to who has care of the children of a marriage or relationship that has ended. The Care of Children Act 2004 talks about day-to-day care.
CUSTODY ORDER
This term is no longer used in relation to who has care of the children of a marriage or relationship that has ended. The Care of Children Act 2004 talks about a parenting order for day-to-day care. When a Court has declared a child or young person to be in need of care and protection, it may make a custody order under the Children Young Person’s and their Families Act placing them in the care of a specified person or agency for a specified length of time.
DAMAGES
The financial compensation awarded to someone who suffered an injury or was harmed by someone else’s wrongful act.
DAY-TO-DAY CARE
This is the exercise of the duties, powers, rights, and responsibilities of raising a child. This care may be provided by parents, guardians or others involved in guardianship of the child.
DE FACTO RELATIONSHIP
A relationship where two people live as a couple in a relationship in the nature of a marriage or civil union, but are not legally married or in a civil union. The definition generally excludes people in casual relationships.
DEBTOR
Person who owes money.
DECISION
The judgment rendered by a Court after a consideration of the facts and legal issues before it.
DECLARATION
An order that a certain state of affairs exists.
DEED
A written legal document that describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the deed
to the buyer in exchange for an agreed upon sum of money.
DEFAMATION
The publication of a statement that injures a person’s reputation. Libel and slander are defamation.
DEFAULT
The failure to fulfil a legal obligation, such as neglecting to pay back a loan on schedule.
DEFENDANT
A person who is charged with a summary offence (criminal) or a person against whom an order is sought (family/civil). Also called the respondent.
DEFENDED HEARING
A hearing in which the defendant or respondent opposes the making of the order sought. A defended hearing usually involves the filing of affidavits, the giving of evidence and cross-examination by all involved. Legal submissions may be made. A Judge makes a decision which can be appealed.
DEPOSITION
A statement or declaration made under oath which is recorded to be used in Court proceedings.
DEPOSITION HEARING
An examination under oath before a Judge or officer of the Court. This usually happens because a witness is unable to attend the main hearing.
DIRECT EXAMINATION
The initial questioning of a witness by the party that called the witness.
DISBURSEMENTS
Legal expenses that a lawyer passes on to a client, such as for photocopying, overnight mail and messenger services.
DISCHARGE
Usually means to have an order cancelled. For example, under the Domestic Violence Act 1995 a respondent or associated respondent may apply to have a direction to attend a programme or protection order discharged.
DISCONTINUE
To stop a proceeding. This can only be done by the applicant for an order who will usually file a written notice of discontinuance.
DISSOLUTION
An order dissolving or ending a marriage commonly known as a ‘divorce’.
DISTRICT COURT
A Court of record that is able to make judgments in many areas of law. It is below the High Court of New Zealand in the hierarchy.
DIVERSION
A scheme operated by the Police which enables first time offenders to make amends for their wrongdoing if diversion is completed the charge will be withdrawn. Therefore no conviction is received.
DOMESTIC VIOLENCE
The term domestic violence is interchangeable with the term ‘family violence’, and is defined under the Domestic Violence Act 1995 as: “violence against that person by any other person with whom that person is, or has been, in a domestic relationship.” The Act defines a domestic relationship as: “a relationship with another person if the person is a spouse or partner of the other person; or is a family member of the other person; or ordinarily shares a household with the other person; or has a close personal relationship with the other person.”
DOUBLE JEOPARDY
Being tried twice for the same offence.
DUE PROCESS
The idea that laws and legal proceedings must be fair.
DUTY TO WARN
The legal obligation to warn people of a danger. Typically, manufacturers of hazardous products have a duty to warn customers of a product’s potential dangers and to advise users of any precautions they should take.
EASEMENT
Gives one party the right to go onto another party’s property. Utilities often get easements that allow them to run pipes or phone lines beneath private property.
EMPLOYMENT COURT
The Court hears cases relating to employment disputes. In particular, it hears challenges to determinations of the Employment Relations Authority, questions of interpretation of law, and has first-instance jurisdiction over matters such as strikes and lockouts.
ENCUMBRANCE
Any claim or restriction on a property’s title.
ENVIRONMENT COURT
Most of the Court’s work involves public interest questions relating to New Zealand environmental matters. It is a court of record consisting of Environment Judges (who are also District Court Judges) and Environment Commissioners. Parties before the Court are usually represented by lawyers, but anyone may appear in person, or be represented by any other agent. The Court is not bound by the rules of evidence and the proceedings are often less formal than the general courts.
ESTATE
All the property a person owns.
EVIDENCE
The various things presented in Court to prove an alleged fact. Includes testimony, documents, photographs, maps and videotapes.
EX PARTE
Latin that means “by or for one party”. Refers to situations in which only one party in the dispute (and not the adversary) appears before a Judge.
EXECUTOR
Person named in a will to oversee and manage an estate.
FAMILY COURT
A division of the District Court established by the Family Courts Act 1980.
FAMILY GROUP CONFERENCE
A confidential process under the CYPF Act which enables professionals and extended family to meet, discuss the needs of a child or young person and come up with a plan about child safety or youth offending.
FIXTURES
All things that are attached to property, such as ceiling lights, awnings, window shades and doorknobs. Fixtures are automatically included in a sale, unless specifically mentioned in the contract as going to the seller/vendor.
FORECLOSURE
When a borrower cannot repay a loan and the lender seeks to sell the property.
FORSEABILITY
A key issue in determining a person’s liability in a civil action. If a defendant could not reasonably have foreseen that someone might be hurt by his or her actions then there maybe no liability.
FRANCHISE
A business relationship in which an owner (the franchisor) licenses others (the franchisees) to operate outlets using business concepts, property, trademarks and trade names owned by the franchisor.
GARNISHMENT
A Court-ordered method of debt collection in which a portion of a person’s salary is paid to a creditor. See also attachment order.
GOOD FAITH
Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other, i.e. in bad faith.
GROSS NEGLIGENCE
Failure to use even the slightest amount of care in a way that shows recklessness or wilful disregard for the safety of others.
GUARDIAN
Person assigned by the Court to take care of minor children or incompetent adults.
GUARDIAN AD LITEM
Latin for “guardian at law”. The person appointed by the Court to look out for the best interests of a person who cannot manage their own affairs (usually a child) during the course of legal proceedings.
GUARDIANSHIP
Guardianship of a child means having all duties, powers, rights, and responsibilities that a parent or guardian of the child has in relation to the upbringing of the child.
HABEAS CORPUS
Latin phrase meaning ‘you have the body’. Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the Court so it can be determined whether or not that person is imprisoned lawfully.
HEARSAY
Second hand information that a witness only heard about from someone else and did not see or hear himself. Hearsay is generally not admitted in Court because it’s not trustworthy although there are some exceptions.
HEIRS
Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it’s divided.
HIGH COURT
The highest Court in New Zealand below the Court of Appeal and Supreme Court, with general jurisdiction in civil and criminal matters.
HUNG JURY
A jury that is unable to reach a verdict.
IMMUNITY
Exemption from a legal duty, penalty or prosecution.
IMPAIRMENT
When a person’s faculties are diminished so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as set by the state. Typically, impairment is caused- by drug or alcohol use, but can also be caused by mental illness. Even if a person’s alcohol level is lower than the legal intoxication level, he or she can still be convicted if the state can show his or her abilities were impaired.
IMPRISONMENT
To be held in custody, usually in a prison.
INDICT
To accuse formally of a crime.
INDICTABLE OFFENCE
A serious offence which requires a preliminary hearing before the trial, which is usually before a jury.
INFORMED CONSENT
To consent to something after being given full or adequate disclosure.
INFRACTIONS
Sometimes called violations. Minor offences, often traffic tickets, which are punishable only by a fine.
INFRINGEMENT
(a) Unauthorised use, typically of a patent or copyright.
(b) a breach of a by-law. e.g. infringement notice
INSOLVENT, INSOLVENCY
When a person who has more debts or liabilities than assets.
INTERLOCUTORY ORDER
Temporary order issued during the course of litigation. Typically cannot be appealed because it is not final.
INTESTATE
To die without a will.
JOINT PROPERTY
Sometimes called joint tenancy. Property that names a co-owner on its deed or title. Co-owners retain ownership of the property upon the death of a co-owner.
JURISDICTION
A Court’s authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and type of case.
JURY
A group of people, usually 12, sworn to inquire into a matter of fact and to declare the truth upon the evidence before them.
JURY CHARGE
The Judge’s instructions to the jury on the law that applies in a case and definitions of the relevant legal concepts.
JURY TRIAL
A proceeding before a Court which is heard by both Judge and jury.
JUST CAUSE
A legitimate reason. Often used in the employment context to refer to the reasons why someone was fired.
LAW
A collection of enforceable rules, creating rights and obligations for citizens.
LEGAL ADVICE
When a legal adviser, usually a lawyer, provides a client with a legal opinion or option or advises the client of an appropriate course of action in any given situation.
LEGAL AID
Pays for all or some of your lawyer’s fees when you need a lawyer and can’t pay yourself.
LEGAL INFORMATION
Neutral information about rights and responsibilities under a certain law. Many organisations and community groups provide legal information in person, in brochures and pamphlets and through websites (like this one).
LEGISLATURE
Parliament, the legislative body.
LIABILITY
Any legal responsibility, duty or obligation.
LIBEL
Defamatory (false and injurious) written statements or materials, including movies or photographs. Libel is published defamation, slander is spoken defamation.
LIEN
A claim against someone’s property. A lien is instituted in order to secure payment from the property owner in the event that the property is sold. A mortgage is a common lien.
LIMITED LIABILITY COMPANY
A business structure that is a hybrid of a partnership and a corporation. Its owners are shielded from personal liability and all profits and losses pass directly to the owners without taxation of the entity itself.
LITIGATE
To engage in legal proceedings.
LOCAL ACTS
Affect only certain areas of the country, unlike Public Acts that affect the whole of New Zealand.
MCKENZIE FRIEND
A person who assists a litigant in person in Court.
MAINTENANCE
The money paid by one spouse to the other in order to fulfil the financial obligation that comes with marriage.
MALPRACTICE
Improper or negligent behaviour by a professional, such as a doctor or a lawyer. The failure of a professional to follow the accepted standards of practice of his or her profession.
MANDATORY SENTENCE
A criminal sentence set by a legislature that establishes the minimum length of prison time for specified crimes. This limits the amount of discretion a Judge has when sentencing a defendant.
MAORI LAND COURT
The Maori Land Court (Te Kooti Whenua Maori) is the New Zealand court that hears matters relating to Maori land. The special bond between Maori people and land is recognised by the Maori Land Court, and the records held by this Court form an invaluable part of the whakapapa of all Maori.
MEDIATION
A method of alternative dispute resolution in which a neutral third party, a mediator, helps resolve a dispute. The mediator does not have the power to
impose a decision on the parties.
MENTAL HEALTH
The experience of well-being or illness of the mind. This is also an area of health practice relating to illness or well-being of the mind, including psychiatry, psychology and other more general practice.
MINOR
Any person under the age of 20 years.
MITIGATING FACTORS
Information about a defendant or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged.
NEGLECT
Neglect is defined as a failure to care for. As a point of differentiation from the wider definition of abuse, neglect can be viewed as an act of omission, rather than of commission.
NEGLIGENCE
A failure to use the degree of care that a reasonable person would use under the same circumstances.
NOTARY PUBLIC
A person authorised to witness the signing of documents.
NOTICE OF APPEAL
The document a person must file with the trial Court in order to pursue an appeal.
OATH
A solemn promise to tell the truth, made to God whilst holding a Bible, New Testament or Old Testament. An oath may also be taken on another holy book. People with no religious beliefs make an affirmation.
ORDER
A command or direction issued by a Court or Tribunal.
ORDER FOR COSTS
An order made as a financial penalty for example for causing unnecessary cost to the other person. This maybe for pursuing unsuccessful litigation or causing delay through repeated non-compliance with directions.
PARENTING ORDER
An order made by the Family Court that says who is responsible for day-to-day care of a child, and when and how someone else important in the child’s life can have contact with them. Parenting orders can be enforced just like any other order of the Court. Parenting order is the new name for custody or access order.
PAROLE
A system for the supervised release of prisoners before their terms are over.
PARTITION
A Court action to divide property. Typically taken when a property is jointly owned and a dispute arises about how to divide it.
PARTNERSHIP
An association of two or more people who agree to share in the profits and losses of a business venture.
PATENT
A Crown grant giving exclusive rights to the inventor of a new product or process.
PEREMPTORY CHALLENGES
Limited number of challenges each side in a trial can use to eliminate potential jury members without stating a reason.
PERJURY
A crime in which a person knowingly makes a false statement while under oath in Court.
PETITION
A written application to the Court asking for specific action to be taken.
PETITION FOR PROBATE
The document that summarizes a will’s provisions and names the heirs.
PLAINTIFF
A person who applies for a Court order. Also called the applicant.
POWER OF ATTORNEY
The authority to act legally for another person.
PRE-SENTENCING REPORT
A report prepared by a probation officer for a Judge, to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details.
PRECEDENT
A previously decided case that is considered binding in the Court where it was issued and in all lower Courts in the same jurisdiction.
PRELIMINARY HEARING
In criminal proceedings, a preliminary hearing is held in the District Court if the matter is not to be decided in that Court or if the defendant elects a jury trial. If the preliminary trial finds sufficient evidence, the defendant is committed to the High Court for trial or, if they plead guilty, for sentencing.
PREVENTATIVE DETENTION
An indeterminate life long sentence imposed following repeated and severe violent offending
PRIVILEGE
Information which under rules of law is confidential and is not required to be disclosed.
PROTECTION ORDERS
Protection Orders are court orders, issued to a victim of domestic violence (and their children) upon application to the Family Court under the Domestic Violence Act 1995. A Protection Order is directed at the perpetrator of violence and states that they must not use physical, psychological or sexual violence; damage or threaten to damage property; or encourage others to abuse the victim(s). There can also be non-contact conditions on the Protection Order which require the perpetrator to stay away from and not contact the victim.
PSYCHOLOGICAL/EMOTIONAL ABUSE
The Domestic Violence Act 1995 deems psychological abuse to include, but not be limited to intimidation, harassment, damage to property, and threats of physical, sexual, or psychological abuse. In relation to children, psychological abuse also includes a person causing or allowing the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship; or putting the child, or allowing the child to be put, at real risk of seeing or hearing that abuse occurring. Emotional abuse can be seen as a sub-category of psychological abuse.
PROBABLE CAUSE
A reasonable belief that a person has committed a crime.
PROBATE
The legal process in which a Court oversees the distribution of property left in a will.
PROBATION
(a) The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in imprisonment.
(b) In the employment context, probation refers to the trial period some new employees go through.
PROMISSORY NOTE
A written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms.
QUASH
To nullify, void or declare invalid. If charges are quashed, they are removed from the records.
REASONABLE DOUBT
The level of certainty a juror must have to find a defendant not guilty of a crime.
REFUGEE
A person who applies to enter New Zealand from outside the country, claiming an inability or unwillingness to return to the home country because of a well- founded fear of persecution.
REMAND
When people are charged with criminal offences they are often remanded - which involves putting off a hearing, often to allow for preparation, further consideration and hearing - to a later date. During the remand period a defendant or accused can be:
• at large, which means they are free to leave Court or Police or prison custody, without signing any paper work or other order, on the basis that they attend Court when required
• on bail which means that they are also free to leave Court or Police or prison custody, but must sign an order or form agreeing to attend at a certain time and date. There may be conditions, for example living at a certain address, not contacting the victim, or reporting to the Police each day
• in custody which means they are held in prison.
RESPONDENT
The person who must answer to charges.
RESTORATIVE JUSTICE
Restorative Justice is an alternative means of responding to an offence and its effects that places a focus on the people affected by the crime. According to the Restorative Justice Trust, it aims to ‘creatively address the trauma of crime by recognising that victims have many needs which are not met in the current system.’ ‘Victim pain’ is a principal concern, but ‘victim and offender restoration’ is also a priority. Face-to-face meetings with the victim are used to make offenders accountable and support people are invited to assist the parties in achieving reconciliation. As the Restorative Justice Trust states, ‘Restorative Justice tries to achieve accountability, restoration, and reintegration.’
SEARCH WARRANT
A written order issued by a Judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.
SECURED DEBT
In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.
SELF DEFENCE
Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.
SENTENCE
The punishment ordered by a Court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.
SENTENCE REPORT
A document containing background material on a convicted person. It is prepared to guide the Judge in the imposition of sentence. Sometimes called a presentence report.
SETTLEMENT.
(a) An agreement between the parties disposing of a lawsuit.
(b) The act of completing the terms of a contract.
SETTLOR
The person who sets up a trust.
SHAREHOLDER
A person whose name is entered in the share register of a company as the holder of one or more shares in the company.
SOLICITOR
A solicitor is a lawyer who can be approached for legal help by members of the public and who can handle clients’ money through a Trust account.
SPOUSAL MAINTENANCE
Financial support paid from one spouse to another to meet the duty to care for your spouse. Usually paid post separation.
STATUS HEARING
An informal discussion between the Judge, the prosecution and the defendant about the defendant’s case. Applies only to cases to be dealt with on a ‘not guilty, judge alone’ basis in the District Court. Not available for cases going before a jury. Guilt / innocence is not determined at a status hearing – it’s really an opportunity for the parties to look at the strengths and weaknesses of the case and the Judge may give an indication of sentence. After considering the case against them, a defendant can decide to change their plea to ‘guilty’ or to stay with their ‘not guilty’ plea.
STATUTES
Laws made by Parliament, known as Acts.
STATUTORY LAW
Law enacted by the legislative branch of government, as distinguished from case law or common law.
SUMMARY OFFENCE
Less serious offences which can be dealt with by a District Court Judge or Justice of the Peace without a preliminary hearing, e.g. some traffic offences.
SUMMONS
(a) A notice to a defendant that he or she has been sued or charged with a crime and is required to appear in Court.
(b) A jury summons requires the person receiving it to report for possible jury duty.
(c) A person may also be summonsed as a witness.
SUPREME COURT
A Court of final appeal with New Zealand Judges.
TENANTS IN COMMON
An alternative means of holding legal title which can be in equal or unequal shares.
TITLE
Legal ownership of property, usually real estate or automobiles.
TORT
An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract.
TRANSCRIPT .
A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
TRIBUNAL
A board appointed, usually by the Government, to adjudicate or judge in a specific matter, e.g. the Waitangi Tribunal, the Employment Tribunal.
TRUST
A legal device used to manage real estate or personal property, established by one person (the settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the settlor manages the trust.
TRUST ACCOUNT
The account used by solicitors to hold funds on behalf of their clients or others.
TRUST AGREEMENT or DECLARATION
The legal document that sets up a living trust. Testamentary trusts are set up in a will.
TRUSTEE
The person or institution that manages the property put in trust.
UNSECURED
In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.
VERDICT
A conclusion, as to fact or law, that forms the basis for the Court’s judgment. A general verdict is a jury’s finding for or against a plaintiff after determining the facts and weighing them according to the Judge’s instructions regarding the law.
WAIVER
Intentionally giving up a right.
WAIVER OF IMMUNITY
A means authorised by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
WARRANT
Most commonly, a Court order authorising law enforcement officers to make an arrest, conduct a search or uplift a child. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
WEIGHT
The amount of importance and validity a Judge assigns to a piece of evidence or fact when making a decision.
WILL
A legal declaration that disposes of a person’s property when that person dies.
WITH PREJUDICE
Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.
WITHOUT PREJUDICE
When parties to a dispute have discussions or exchange documents in a genuine attempt to resolve the dispute, the process is often said to be “without prejudice” and cannot be referred to in any following legal action.
WITNESS
A person who testifies to what he or she has seen, heard, or otherwise experienced. Also a person who observes the signing of a will or some other document.
YOUTH COURT
A Court which has jurisdiction over children and young persons in terms of the children, Young Persons and their Families Act 1989.
This e-Library is based on New Zealand law and is not intended to be or replace legal advice.
