Ministry of Justice - Access to Justice

Glossary

accused: Someone charged with committing a criminal offence; also called a defendant.

Act (statute): 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 nominated street address where documents relating to a court proceeding can be delivered to someone who is involved in the proceeding.

adjourn/adjournment: To put off a court hearing for another day or time.

administer/administration: The administration of a deceased person's estate involves the management of that person's money and property. This includes getting in the debts owed, paying any of their 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's been proven that the young person committed a criminal offence or they agree that they did.)

affidavit: A written statement on oath (or affirmation) sworn (or affirmed) before someone who has authority to administer oaths and affirmation, for example, a registrar of a court, a lawyer, or a Justice of the Peace (JP).

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.

appellant: A person who makes an appeal.

applicant: Someone who asks the court to do something by making an application.

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.

bail

Letting someone out of custody, usually only if they promise to do certain things. There are two sorts: police bail and court bail.

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 if it's a summary offence and they can't take the person to court straight away.
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.

bench warrant: The permission of a High Court or District Court Judge to arrest someone for a criminal offence.

beneficiary: A person who receives money or property from a trust or under a will.

beyond reasonable doubt: This is to do with proving things in criminal trials. The prosecution must prove important facts about the criminal offence in a way that doesn't leave a jury in much doubt that they are true. An accused person can't be found guilty unless the jury believes beyond reasonable doubt that the prosecution is right about what happened.

case to answer: The Judge's decision that the prosecution has provided enough evidence to prove that the accused could have committed the crime. The defendant will then need to appear in court to answer the prosecution's case with their own evidence. The prosecution is still required to prove the case beyond reasonable doubt.

certified copy: A copy of a document that has been signed and certified as true by someone who has the legal authority to do so.

charge: An accusation that a person has committed a criminal offence (broken the law); to accuse someone of committing a crime.

charge sheet: An official document prepared by the District Court. It lists the criminal offence(s) a person has been charged with and is produced when someone is arrested.

child

Under the Guardianship Act: a person under the age of twenty years.
Under the Children, Young Persons and Their Families Act: a boy or girl under the age of fourteen years.
Under the Domestic Violence Act: a person under the age of seventeen years except if the person is or has been married.

closed court: A hearing that is closed to the general public and that only certain people are allowed to attend. Most hearings in the Family Court are held in closed court.

community work: Work that a person can be ordered to do to make up for offending. The work has to be good for the community and supervised by a social worker. The person has to do between twenty and two hundred hours' work in the tweleve months after the order is made.

complainant: A person who tells the police that someone has committed a crime. Sometimes this is the same person the offence was committed against, so the complainant is also the victim.

conciliation: A process aimed at ending or reducing conflict between disputing parties.

condition: A restriction included in a court order or judgment.

consent order: A court order that is made with the agreement of all parties.

contest (a will): To dispute or challenge the provisions of a will in the High Court.

contract: An agreement between two or more parties that is intended to be enforceable by the law. Contracts are usually written, but an oral (spoken) agreement can also be a contract. Some contracts (including contracts for the sale and purchase of land) must be in writing before the court will enforce them.

counsel: A lawyer who represents one of the parties in court.

court: This can have several meanings. It may mean the Judge or a registrar who makes a decision about an application. It may also mean the place where applications and other documents must be filed for court proceedings and where court hearings take place (that is, the courthouse).

Court of Appeal (CA): The second highest court in New Zealand.

court order: A document issued by the court to enforce the court's decision. Failing to comply with a court order may have serious consequences for the person who disregards it.

criminal offence: An action that someone does (or doesn't do) that the law says can be punished; a crime.

cross-applications: Where two or more parties in the same proceedings make applications.

cross-examination: The questioning of a witness who has given evidence. This is usually done to challenge the accuracy of that evidence.

curfew: The time that someone must stay indoors at a particular address. A young person may be given a curfew as part of their bail conditions.

custody: The right to have the day-to-day care of a child.

decision: An order of the court in relation to an application.

defend: To oppose any application, claim, or charge.

defendant

Someone charged with committing a criminal offence; also called the accused.
A party against whom a claim is filed in a civil case.

defended hearing: When a defendant denies committing the crime they've been charged with, a defended hearing is held before a Judge. The prosecution must give evidence that proves the person committed the offence. The defendant gets a chance to argue their side of the story. When the Judge has heard all the evidence, they decide if the prosecution has proved beyond reasonable doubt that the defendant did commit the offence.; A defended hearing is also an opposed civil hearing of any application or claim.

deny/denying/denied: When a person says they didn't break the law or commit the crime they've been charged with.

deponent: A person who makes an affidavit.

deposition: Evidence written down at a preliminary hearing about the purely indictable offences a person has been charged with or for which they've chosen to be tried by a jury. At the preliminary hearing, the charge is read to the defendant. Then the prosecutor calls their witnesses and asks them questions (examines them). The defendant can ask them more questions (cross-examine them), and the prosecutor 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 sign the copy of the evidence. This is called depositions of witnesses.

direction: A formal instruction, made by the court, that the parties have to complete to prepare the case for trial.

disclosure: Giving the other party information or documents that are relevant to the court proceedings.

District Court: The lowest level of court that can deal with criminal and civil cases.