Overview: The Interpreter Services Quality Framework (Quality Framework) describes how interpreting should be delivered in courts and tribunals and sets out the conduct we expect of all court-appointed interpreters. We may make minor changes to the quality framework from time to time.
The Quality Framework will help ensure interpreter services are high quality and nationally consistent. We also want to ensure interpreters are supported to work in the complex court and tribunal environment. This is important as interpreters play a fundamental role in ensuring justice is equally available to all court participants, regardless of the language they use.
The Quality Framework introduces minimum qualifications required to be a court-appointed interpreter and describes how the service should be delivered in courts and tribunals. It also sets out a code of conduct we expect all Ministry court-appointed interpreters to follow. It’s important everyone involved in the delivery of interpreter services is familiar with the standards and processes outlined in the framework.
There are also two factsheets covering the most operational aspects of the framework, which should be useful for court staff and lawyers as well as interpreters:
The Quality Framework also forms part of the Standard Terms and Conditions for Interpreters in Courts and Tribunals (Standard Terms), which apply to every booking agreement made by our Ministry. The Standard Terms require that the interpreter comply with the quality framework while providing their services.
Conduct expected of interpreters in court or tribunal hearing
The code of conduct within the Quality Framework clearly sets out the expected behaviour of court-appointed interpreters. It is the Ministry’s expectation that independent, and Language Service Provider (LSP) interpreters are aware of the professional conduct expected of them when working in the court or tribunal.
The code of conduct includes:
disclosing a conflict of interest
being impartial
keeping information private and confidential
duty of Competency
duty of Accuracy
managing disclosure of information relating to a case
information is not to be used for personal gain
unauthorised payments or gifts must not be accepted
protecting the reputation of the court
respect for participants and cultural safety
code of ethics
report concerns about family violence or sexual violence
Interpreters are considered ‘Officers of the Court,’ and have the overriding duty to assist the court or tribunal impartially. This overrides any duty to the parties in a case.
The interpreter’s main task is to interpret statements, evidence, and legal exchanges for those who find it hard to understand or respond in English. It’s important to remember that an interpreter must not act in any way as an advocate for the person they’re providing interpreter services for (for example, trying to influence a case on behalf of that person or anyone else participating in the hearing).
An interpreter must demonstrate professional behaviour by:
being respectful and cooperative and impartial at all times
being fully informed of the nature of the proceedings, and the running of the court or tribunal
avoiding professional and personal conduct that could discredit the court or tribunal
keeping all case details confidential
not recommending, or commenting on, any lawyer, law firm, business, or agency to clients
not researching the case or making conclusions about the law or facts of the case
Information is to be kept confidential
Interpreters must keep all case information confidential, unless a court or tribunal orders them to disclose it.
Interpreters may be given documents about the case in advance to help them prepare for the hearing. If this happens, the interpreter must keep these documents confidential. The documents may include a copy of the charges, summary of facts, witness statements, and expert witness briefs. In cases where there is simultaneous interpretation, such as a jury trial, the interpreter may be given the lawyer’s opening and closing addresses or the judge’s summing up.
You must keep all details relating to a case confidential. There may also be suppression orders in place.
The Ministry of Justice Privacy Guidelines for providers of Justice Services are a useful resource that can help you keep information confidential and secure, and meet our requirements in the Standard Terms. You can read the guidelines on our website:
It is expected that interpreters will maintain the appropriate dress standard to reflect the function of the court. No hats, sunglasses, jeans, gang affiliated symbols or casual clothes are to be worn.
Ensure you arrive 15 minutes before the court event
An interpreter must arrive 15 minutes before the hearing is scheduled to begin and must return from any breaks on time for the recommencement of the hearing. This requirement applies when you are providing interpreter services in person (at court or at the tribunal) or remotely. The 15 minutes before the hearing is included in your chargeable time.
Addressing a judicial officer in a court or tribunal hearing
A judge of the High Court, Court of Appeal, and Supreme Court is referred to as “Justice” followed by their surname.
A judge of the District Court or other court (such as Employment Court or Environment Court) is referred to as “Judge” followed by their surname.
A judge may also be addressed as “Your Honour”, “Sir” or “Ma’am”
In te reo Māori, a Judge is addressed as “E te Kaiwhakawā” and Chief Justice as “E te Kaiwhakawā Matua.”
A community magistrate or justice of the peace is addressed as “Your Worship,” “Sir” or “Ma’am”
A referee will instruct parties at the start of the hearing on how they’d like to be addressed.
An interpreter must not interrupt the judicial officer when they are speaking.
Unless told not to, an interpreter must stand when speaking to a judicial officer, or when they are spoken to by a judicial officer.
Court and tribunal officials
Court and tribunal officials can help interpreters with any questions about court or tribunal procedures. Officials in the courtroom such as the Registrar (court taker) or Crier (in a jury trial) oversee the running of the court and tribunal process, including swearing in witnesses and interpreters. This can include the transfer of documents between lawyers and the presiding officer and displaying evidence (exhibits) to witnesses and the jury.
Taking Notes
Interpreters are allowed to take notes in hearings. Interpreters must comply with the Privacy Act whilst doing so and must ensure that all notes are kept secure to ensure information about the hearing remains confidential.