Ministry of Justice Service Charter

Introduction

The aim of this Charter is to let you know what standard of service you can expect from the Department for Courts in our court offices, and to assist us in improving our services to you. The standards are realistic, and although not for the most part legally enforceable, are taken seriously.

Who does this Charter set standards for?

This Charter sets out the standards of service you can expect from the Department for Courts in the court offices of the:

• Court of Appeal
• High Court
• District Court
• Family Court
• Youth Court and
• Tribunals located in District Courts. These Tribunals are the Disputes Tribunal, the Tenancy Tribunal and the Land Valuation Tribunal.

The Charter covers the service given by court office staff to people coming to the courts and tribunals including parties to cases and their representatives, prosecution agencies and victims, witnesses, jurors and the public in general.

The Charter does not cover the Judiciary, who are independent of the Department, or services provided by people outside the Department for Courts. It also does not cover services provided in support of the Maori Land Court, the Waitangi Tribunal, the Environment Court, the Coroners’ Court, or the Department’s Collections Unit or Tribunals located out of District Courts. Those services are administered by specialist parts of the Department.

Can I give feedback on the standards?

If you believe there has been a breach of the Charter, or want to praise our service or make suggestions about it, you can give us that feedback, and staff will record it and take action. As the standards will be reviewed regularly, your feedback will also assist us in identifying those standards that are not being met and areas for improvement. Information on giving feedback is provided on page 9.

How does the Charter fit with the principles of the Treaty of Waitangi?

The Department is committed to the principles of the Treaty of Waitangi and aims to reflect this commitment in the standard of service provided to court and tribunal users.

Core service standards

At all times we will be aiming to:

Conduct ourselves with integrity by treating you with honesty, fairness, courtesy and respect.

Provide a safe, clean and comfortable environment.

Give you competent, timely and efficient service.

Show respect and sensitivity for your culture by:

• not discriminating;
• taking care to spell and say your name correctly;
• advising you on the use of interpreters and on the circumstances in which you or your witnesses are entitled to an interpreter free of charge;
• offering you oath swearing rituals in keeping with your religious beliefs, wherever possible;
• offering you the option of affirming rather than swearing an oath.

Be responsive to people with special needs, such as people with disabilities, victims of crime, children and young people, and people who have communication difficulties.

Communicate effectively, taking account of factors such as age, literacy and disability, and the need to avoid legal and technical jargon.

Co-operate with other people and agencies providing services to court and tribunal users, and with other courts and tribunals.

Information standards

We will protect your privacy and confidentiality, subject to any legal duties or powers providing for the disclosure of information about you or your case.

In answering queries and giving information, we will aim to give you accurate, timely and relevant information about your case. This does not include giving you legal advice or making decisions for you.

We will assist the media in checking the accuracy of any particulars of names, addresses, occupations, offences or penalties when they are reporting proceedings, subject to any legal conditions or restrictions and in accordance with the Department’s media policy.

Attending court

If you have to attend court, we will:

Tell you when sending out first notices or on request:

• the date and time of your hearing;
• the office opening and closing hours (usually 8 30 am to 5 00 pm);
• about the parking and transport facilities near the court;
• about facilities for people with disabilities;
• what to do if you have a safety or other concern.

On coming to court, you will find staff who:

Wear badges, identifying at least their first names.

Serve you at the counter as quickly as possible.

Deal with your matters in a polite, accurate and timely manner, showing our commitment to good standards of service at all times.

Help in answering your questions, or in referring you to someone else who can help you in or outside the court building.

Tell you where your case will be held (this information may also be shown on a notice board in the waiting area).

Show you, on request and before the hearing, the type of room where your case will be heard.

Make pamphlets readily available to you about carrying out your role in the court or tribunal.

On the telephone and in writing we will:

Identify ourselves - giving our name and position when writing, and at least our first name over the phone.

Communicate in a polite, accurate and timely manner in:

• Answering your telephone calls and recorded messages. If we are away from our desks for a day or more, we will record a telephone message providing you with the name of another person to contact if the matter is urgent.
• Responding to your correspondence, which we will acknowledge within 5 working days of receiving it.
• Helping to answer your questions, or in referring you to someone else who can help you in or outside the court building.
• Processing forms and payments for fees and expenses.

Particular groups of people coming to court

Victims in criminal cases

By "victim", we mean a person who, because of a suspected or proven criminal offence, suffers physical or emotional harm, or loss of or damage to property. When an offence results in death, the term includes the members of the immediate family of the person who has died. Where children are the victims of crime, family or whanau may also be victims.

We will place particular emphasis on:

Treating you with respect, courtesy and compassion.

Respecting your personal dignity and privacy.

Listening to what you want and referring you to the people available to help you such as the prosecutor, the Victim Adviser or community organisations.

Keeping you up to date with the progress and outcome of your case.

Showing child and young victims, and others entitled to use them, any special facilities that the Judge may allow to be used in giving evidence.

Showing you, at your request, to a separate waiting area for personal safety reasons.

Arranging seating for any support people you wish to bring with you, subject to the availability of seats and any legal restrictions.

Telling you when a person convicted of offending against you is sentenced to either a fine or reparation as compensation to you.

Assisting lawyers and the Police in the return of property belonging to you that has been held at the court.

Witnesses

By "witness" we mean a person called to give evidence. Witnesses are required to appear or asked by a party to the proceedings to give evidence.

We will place particular emphasis on:

Arranging for you to visit the court or tribunal before the hearing, at your request.

Showing you, at your request, to a separate waiting area for personal safety reasons.

Arranging seating for any support people you wish to bring with you, subject to the availability of seats and any legal restrictions.

Assisting lawyers and the Police in the return of property belonging to you that has been held at the court.

Accused persons in criminal cases

The accused is the person charged with an offence. The accused is sometimes also referred to as the defendant or, when being sentenced, as the offender or prisoner.

We will place particular emphasis on:

Assisting you with your queries and referring you to people who are available to help you such as the Duty Solicitor.

Showing you, at your request, to a separate waiting area for personal safety reasons.

Arranging seating for any support people you wish to bring with you, subject to the availability of seats and any legal restrictions.

Avoiding assumptions or judgements about your guilt or innocence.

Assisting lawyers and the Police in the return of property belonging to you that has been held at the court.

Jurors

Jurors make up a jury of 12 people chosen at random to represent the community. They decide the facts, and the Judge decides the law. Jurors can expect to receive a summons at least 10 calendar days before the date on which they are required to attend the court as a juror.

We will place particular emphasis on:

Providing you with an information booklet and showing a video to explain your role and what to expect, when you first arrive at court.

Giving you writing material for note taking during the hearing in court. Providing a comfortable and safe room for jury deliberations, with access to toilet facilities.

Providing drinking water and tea and coffee making facilities in the jury room. Arranging meals and refreshments when necessary, once jury deliberations have begun.

Arranging comfortable and safe accommodation when jury deliberations are adjourned overnight.

Arranging, at your request, confidential counselling if you find jury service distressing.

Family Court parties and witnesses

We will place particular emphasis on:

Protecting the confidentiality of information in Family Court cases.

Providing, at your request, a separate waiting area for personal safety or privacy reasons.

Accommodating requests to deal with urgent matters by telephone conference when a party is at a distance.

Youth Court parties and witnesses

We will place particular emphasis on:

Co-operating with Youth Advocates, Police Youth Aid, Youth Justice Co-ordinators and others.

Co-operating with other courts that also deal with young people appearing in the Youth Court.

Giving us your feedback

Your views are important to us. If you have a positive comment, a suggestion about how we can improve our service or a complaint, please tell us. This will help us to establish whether the Charter standards are being met in practice and how we can improve our service to you.

You can give feedback on the service you have received from us by:

Filling in a feedback form (available at the court office or on www.courts.govt.nz) and putting it in the feedback box at the court office or sending it to the manager of the court.

Talking to the person with whom you have been dealing or their manager, either in person or by phone.

Writing to the manager of the particular court.

We will always:

Try to sort out any concerns you may have on the spot.

Apologise where we have made a mistake.

If we can not address your concerns immediately, we will respond to you as soon as possible and generally within 20 working days, taking into account the urgency of the matter. Where the matter requires more time to address, we will contact you to let you know when you can expect a full reply. In both instances, we will provide you with the name and contact details of the person to contact at the court should you have any questions.

We will also:

Record and collate all feedback received so that we know what we are doing well and where we need to find ways to improve our service.

Tell the public of changes made in response to feedback.

Helping us to help you

There are some things that you can do to help us deliver good service.

These are to:

Arrive at the court or tribunal in good time for your case.

Follow instructions sent or given to you by court staff, as soon as possible.

Tell us in advance when you cannot either get to the court or tribunal on time or carry out other requirements.

Tell us without delay of any change of address or change in circumstances relevant to your dealings with us.

Tell us in advance if you have special needs, for example, if you have a disability or if you require the assistance of an interpreter.

Treat other court and tribunal users, court staff and the court buildings with respect.

Thank you for taking the time to read our Charter. Please remember that we welcome any comments or suggestions you may have about the service we give.

For more information, contact your local court.