Ministry of Justice - Access to Justice

Glossary

McKenzie Friend: A person who is given approval by the Judge to assist a party in court. A McKenzie Friend can give advice to the party and take notes, but they cannot ask questions in court or talk about the case with anyone else.

memorandum of issues: A document setting out the matters that need to be resolved by the court.

not denied: A case where a person doesn't deny committing the offence they've been charged with.

not proven: A case is not proven when a Judge decides the prosecution has not shown beyond reasonable doubt that the person committed the criminal offence they were charged with.

oath: A sworn statement, made in front of a person who is an authorised witness (like a Judge, registrar, lawyer, or Justice of the Peace), that something is true or right. An oath is based on the religious beliefs of the person making it - a Christian would swear an oath on the Bible, and a Muslim would swear on the Koran.

on-notice application: An application served on the party to be affected by it so that they have an opportunity to take part in the hearing of the application before a decision is made.

order: What a Judge tells someone that they have to do. If a charge against an accused person has been proven or if the accused person has admitted a charge, depending how serious the criminal offence is, the Judge may make an order. This will say what tasks the person has to carry out to make up for their offending. Orders can include restitution or forfeiture, reparation, fines, supervision, community work, supervision with activity, or supervision with residence. The Judge may order a person's case to be moved to the District Court for sentencing. The Judge may also order a person to be disqualified from driving because of a traffic offence.

plaintiff: A party bringing proceedings to Civil Court by way of statement of claim.

power of attorney: An authority given by one person to another to act on their behalf, particularly in business or legal matters.

precedent: A decision in a previous case that is used to support a decision in a later, similar case.

preliminary hearing (depositions hearing): When a defendant has been charged with a purely indictable offence or elects trial by jury, a preliminary hearing will be held. At this hearing, the Judge or JPs decide whether the prosecution has enough evidence to take the case to trial. The charge is read, then the informant calls witnesses and asks them questions. The defendant can ask them more questions (cross-examine them), and the informant can re-examine them. Each witness's evidence is written down and read back to the witness while the defendant is there. The witness and the Judge, or JPs, sign the copy of the evidence.

privileged document/information: A document or information that a party cannot be made to disclose in court.

proceeding: A case being considered by a court. The filing of an application, information, or statement of claim commences a proceeding.

prosecutor: Any person who appears in court and progresses a criminal case. Normally, the police may initiate and progress criminal cases, but other agencies, lawyers, or private individuals may do so as well.

proven: When the Judge decides that the prosecution has shown beyond reasonable doubt that the person has committed the offence they've been charged with. (In an adult court, this is called being found guilty.)