Glossary - Portia Law

Useful guide to common NZ legal jargon

There is a good reason why we have lawyers. Our system of law (called the Common Law) was inherited from England and has been around since the 11th Century. It is dynamic, always changing and adapting to changes in society’s attitudes. Because of this long history, and changeable nature, New Zealand law contains a lot of ‘constructs’ – words or terms that have been created specifically to mean something.

Some of the terms used in New Zealand law are borrowed from England, some you will have heard used in television programmes or movies, some are based on Latin, some are borrowed from Māori. Every word used by lawyers and judges have specific meaning. The glossary below doesn’t have every legal term, but it contains a lot of common ones you will come across. It is sourced from the Ministry of Justice, the Interpretation Act 1999, and various other reliable sources.

Glossary of Common Legal Terms

Term	Definition	Source
Access Order	An order allowing a person time with a child, usually the parent who does not have day-to-day care.	Law Commission
Accredited Employer	Employers can get accreditation to use the Accredited Employer Work Visa (AEWV) to hire migrants on visas for up to five years.	Immigration NZ
Accredited Employer Work Visa	A temporary visa if you have a job offer from an accredited employer, the skills and qualifications for the job, and have submitted the appropriate visa application form.	Immigration NZ
Acquit	To decide officially in court that a person is not guilty	Ministry of Justice
Acquittal	This is a judgment that a defendant is not guilty of a crime or charges as charged.	Ministry of Justice
Act	means an Act of the Parliament of New Zealand or of the General Assembly; and includes an Imperial Act that is part of the law of New Zealand	Legislation
Address for filing	The address of the registry where documents can be taken or sent.	Ministry of Justice
Address for service	An address of a place in New Zealand where all documents for the prosecution or the defence can be taken or sent.	Ministry of Justice
Adjourn	To postpone a court sitting, or any meeting, to another date and/or location.	Ministry of Justice
Administration	The management of money and property of a person who has died	Law Commission
Administrative Under the Child Support Act 1991	review assessment by the Review Officer contracted to the Child Support Agency as to whether a formula assessment should be changed	Law Commission
Administrator	Someone who is appointed to manage the deceased’s estate, if the deceased did not have a will (see: “Administrators are appointed by the court”).	Community Law
Admissible	Evidence is admissible if it is of such a character that the court is bound to accept it during the trial so that it may be evaluated by the judge or jury.	Ministry of Justice
ADR	An abbreviation for Alternative Dispute Resolution. See Alternative Dispute Resolution.	Ministry of Justice
Advocate	A non-lawyer who undertakes quasi-legal functions approved under NZ legislation (such as are common in the employment and accident compensation law areas).	NZ Law Society
Affidavit	A written statement made under oath (including by affirmation) before an authorised person.	Ministry of Justice
Affirm	A solemn and formal declaration of the truth of a statement, such as an Affidavit.	Ministry of Justice
Affirmation	A declaration that a person asserts to be true and correct (but without any reference to God). An affirmation has the same legal effect as an oath.	Ministry of Justice
Alternative Dispute Resolution	A process where an impartial third party (known as a mediator) assists the parties to resolve a dispute by compromise and final settlement (rather than resolving the dispute through a court hearing).	Ministry of Justice
Amicus Curiae	A person appearing in court who doesn't represent any of the parties to the case, and assists the court by pointing out matters of law (or fact) that have been overlooked, or presents opposing arguments so that both sides of a case can be heard. Literally the term means a 'friend of the court'.	Ministry of Justice
Appeal	An application to a senior court to change a decision of a lower court or tribunal.	Ministry of Justice
Appellant	A person who makes an appeal.	Ministry of Justice
Appellant Court	A court to which an appeal is made.	Ministry of Justice
Applicant	A person who applies to a court for an order, direction or decision.	Ministry of Justice
Application	The act of making a request. Also the name of the document that contains the request.	Ministry of Justice
Assets	The property (including money, land, houses and chattels) that someone owns.	Community Law
Associated Respondant	means a person who has assisted the respondent in being violent toward the applicant and is covered by a Protection Order	Law Commission
Bail	The release of a person from custody on the condition that they show up in court when next required and also comply with any other conditions (such as that the person lives at a particular address). If you are charged with an offence, you may apply for bail. Bail is when you are released from court or Police custody most likely on conditions, including that you return to court for their next required appearance. For more information see the Community Law website.	Ministry of Justice
Bail Appeal	Where a person, who has been refused bail by the court or who is not satisfied with the bail conditions imposed, appeals to a senior court.	Ministry of Justice
Bail Application	An application by a person in custody for the court to grant bail.	Ministry of Justice
Bailiff	An officer of the District Court who manages and enforces fines and serves some court documents.	Ministry of Justice
Balance of Probability	The standard of proof that applies in a civil or family case. This test of evidence is not as rigorous as that used in a criminal case (which must be 'beyond reasonable doubt')	Ministry of Justice
Bar	The practising members of the legal profession.	Ministry of Justice
Barrister	means a person enrolled as a Barrister and Solicitor of the High Court and practising as a barrister, whether or not he or she also practises as a solicitor	Legislation
Beneficiary	A person who receives money or property from a trust or under a will	Law Commission
Bequest	Property (other than money) given to someone in a will.	Community Law
Beyond Reasonable Doubt	The standard of proof that applies in a criminal case. This a test of evidence and differs from how proof is judged in a civil or family court case (which is on the 'balance of probability')	Ministry of Justice
Bill of Rights	The New Zealand Bill of Rights Act 1990 was enacted to affirm, protect and promote human rights and fundamental freedoms in New Zealand.	Ministry of Justice
Breach	means when a respondent breaches the conditions attached to a Protection Order (such as contacting the applicant). They also can be arrested for contravening a Police Safety Order (however this is not a criminal offence).	NZFVC
Burden of proof	means the responsibility of proving a disputed charge or allegation. In criminal cases, the prosecution has this responsibility and the standard of proof that applies is beyond a reasonable doubt. This means that it is the prosecutor’s role to prove beyond a reasonable doubt that the defendant (you) is guilty of committing the alleged offence(s); the defendant does not have to prove their innocence.	Ministry of Justice
Bylaws	Laws made by local councils.	Ministry of Justice
Callover	A meeting held by a judge to discuss procedural and administrative matters and determine the readiness of the case for hearing. If you are an unrepresented litigant, you must attend.	Ministry of Justice
Capacity	(also called 'legal capacity' or 'competency' or 'of sound mind'. In a legal context, capacity is concerned with whether a person’s decision-making ability is recognised as valid and, if not, who should make decisions on their behalf and on what basis should such substitute decisions be made. Capacity or incapacity is the “bright line” determining whether the law permits intervention in people’s lives, and on what basis.24 Those who lack capacity are deemed unable to make decisions for themselves thereby justifying intervention in their lives. Decisions are then made by others based on an assessment of what is in the best interests of the person lacking capacity.	Alison Douglass
CAPPS Listing	Listing of a child’s passport number and other details in the New Zealand customs database. Should anyone attempt to remove the child from New Zealand whilst an alert is in force, they will be prevented from doing so upon presentation of the child’s passport whilst being processed by Customs.	Eden Family Law
Case Law	The area of law developed the court while hearing and determining cases.	Ministry of Justice
Case Management	The action taken by court staff to progress a civil or family case to a conclusion. The terms are also used for the systems and guidelines the courts put in place for achieving this.	Ministry of Justice
Case Management Conference	A meeting in court that allows closer judicial management of a complex case and may be convened by a Judge at any time.	Family Court Rules 2002
Case Review Hearing	A case review hearing is held to examine whether a charge can be resolved without the need for a trial. For example, if the prosecution withdraws the charges against you, or if you plead guilty to the charges, there would be no trial. If a trial is to occur, the case review hearing is also an opportunity for either party to highlight any matters that need to be resolved before the trial takes place.	Ministry of Justice
Caseflow	The management of applications filed in court towards a final hearing, including all preliminary matters	Law Commission
Categories of Offence	There are 4 categories of offence for proceedings under the Criminal Procedure Act: Category 1 for which the defendant can only be fined. Usually dealt with by a Justice of the Peace or Community Magistrate rather than a judge; Category 2 that have a maximum penalty of less than two years in prison. The trial will be before a judge sitting without a jury; Category 3 with a maximum penalty of a prison term of two years or more (but excluding Category 4 offences). The defendant has the option of either being tried by a judge alone or having a jury trial. Category 4 (most serious offences) include murder, manslaughter, torture and terrorism offences. Usually there will be a jury trial, but a judge-alone trial can be ordered in some cases.	Ministry of Justice
Certified Copy	A copy of a document that had been signed and certified as a true and correct copy by someone who has the legal authority to do so.	Ministry of Justice
Chambers	A judge's office. The term can also mean when a judge is dealing with procedural issues in a case not in open court (such matters are said to be dealt with 'in chambers'). Also used to describe an office where two or more barristers work together.	Ministry of Justice
Charge	means a formal accusation brought to the court (usually by Police) that a person or organisation has committed a criminal offence.	Ministry of Justice
Charging Document	The document used to file a charge against a person in court.	Ministry of Justice
Child	A person under a certain age. The upper age limit depends on the particular context and the relevant Act.	Ministry of Justice
Child Support	Child support is money paid by parents who do not live with their children, or who share care with someone else. The money is to help with the cost of raising a child.	Inland Revenue
Civil Jurisdiction	That part of the work of a court which relates to non-criminal matters	Law Commission
Civil Law	The part of the legal system that relates to personal matters, such as marriage and property, rather than crime.	Ministry of Justice
Civil Union	A civil union is the formalisation of a relationship between two people, regardless of gender, in accordance with the Civil Union Act 2004	NZ Government
Closed Court	A court hearing that is closed to the general public. Most hearings in the Family Court, for example, are held in closed court.	Ministry of Justice
Codicil	An additional or supplementary will made after the original will has been signed. The codicil doesn’t cancel the original will. It changes that will or adds to it.	Community Law
Commencement	(in relation to an enactment) means the time when the enactment comes into force	Legislation
Common Law	Case law developed over time by decisions of the court. The earliest reference to the common law relating to legislation relevant to New Zealand is in the Criminal and Civil Justice Statute 1351	Ministry of Justice
Commonwealth Country	(and 'part of the Commonwealth') means a country that is a member of the Commonwealth; and include a territory for the international relations of which the member is responsible	Legislation
Community Magistrate	A judicial officer who sits on a wide range of less serious cases in the criminal jurisdiction of the District Court.	Ministry of Justice
Competent	(see Capacity)	Ebborn Law Ltd
Concurrent Circumstances	in which there is a choice of jurisdiction as to the court in which an application can be filed, that is, both the District Court and the High Court may have jurisdiction to hear certain matters	Law Commission
Conflict of Interest	A real or perceived incompatibility between a person’s private interests and their public duty.	Ministry of Justice
Consent	(relating to sexual activity) Participating actively, freely, voluntarily and consciously without being pressured.	NZ Police
Consent Memorandum	A legal document filed to Court that reflects an agreed position by two or more parties to a dispute. In the Family Court this type of memorandum can be substituted when any party may (or must) file an Application for an Order as per the Family Court Rules. It is often used when matters have been settled before a court hearing and indicates to the Judge that a hearing might not be necessary, so long as they agree with the conditions of the Order being requested in the consent memorandum.	Family Court Rules 2002
Consent Order	A Court Order where the terms have been agreed by the parties	Law Commission
Consular Officer	means a person who has authority to exercise consular functions	Legislation
Contact Arrangements	Rights of a person who doesn't have day-to-day care of a child to spend time with the child.	Ministry of Justice
Contempt of Court	means the offence of being disobedient to, or disrespectful towards, a court of law and its officers, or doing something that interferes with a judge's ability to administer justice.	Ministry of Justice
Contract Out	To formally agree to take another path other than what is outlined in the law. Not all laws can be 'contracted' out of. An example of contracting out is found in relationship property law (contracting out agreement)
Contracting Out Agreement	Spouses, civil union partners, or de facto partners, or any two persons in contemplation of entering into a marriage, civil union, or de facto relationship, may make any agreement they think fit with respect to the status, ownership, and division of their property (including future property). An agreement made under the Act may relate to the status, ownership, and division of property either during the joint lives of the spouses or partners, or when one of the spouses or partners dies.	Property (Relationships) Act 1976
Coroner	A judicial officer appointed to look into sudden or suspicious deaths to establish what happened.	Ministry of Justice
Counsel	A lawyer.	Ministry of Justice
Counsel for the Child	(also Lawyer for Child or L4C) Lawyer appointed by the Family Court to act for the child	Law Commission
Counterclaim	This is where the respondent / defendant in a civil or family case files an application against the applicant / plaintiff who began the case.	Ministry of Justice
Court	A governmental body consisting of judges who sit to adjudicate disputes and administer justice. It can also mean the place where cases are heard.	Ministry of Justice
Court Attendant	A court staff member who assists the court, jurors and members of the public.	Ministry of Justice
Court decisions	Rulings made by a court	Law Commission
Court of Appeal	New Zealand's intermediate appellate court.	Ministry of Justice
Court Order	A formal direction from the court requiring a person to do or not do certain things.	Ministry of Justice
Court Taker	See Registrar.	Ministry of Justice
CRI	Is a system generated unique reference number assigned to a proceeding that can contain numerous CRNs belonging to any number of defendants. A CRI is distinct from a CRN because a CRN is a unique number assigned to a specific and singular charge, not a proceeding.	Ministry of Justice
Criminal Law	Laws that stipulate certain wrongs are punishable by the state.	Ministry of Justice
Criminal proceeding	Action taken in a court to bring a criminal prosecution against someone.	Ministry of Justice
Criminal Trial	A proceeding in which opposing parties present evidence and make arguments on the application of the law before a judge or jury. After both sides have presented their arguments, a judge or jury finds the defendant guilty or not guilty of the crime(s) charged.	Ministry of Justice
CRN	A Court Record Number (CRN) is a unique number assigned to a specific and singular charge laid by the prosecutor. A CRN is distinct from a CRI because a CRI is a system generated unique reference number assigned to a proceeding, not a specific and singular charge. A CRI can contain numerous CRNs belonging to any number of defendants.	Ministry of Justice
Cross-Applications	means when two parties make applications against each other, for example, a mother and a father of the same child both applying for day-to-day care	Law Commission
Cross-examination	mean where a witness who was called by one party in a court case is questioned by the lawyer for the other party. Following an examination-in-chief, the purpose of cross-examination is often to challenge the accuracy of the witness's evidence.	Ministry of Justice
Crown (as prosecutor)	The prosecution in a serious criminal trial.	Ministry of Justice
Damages	Compensation (usually money) and the most common outcome in civil cases.	Ministry of Justice
Day-to-Day Care	Under the Care of Children Act 2004, the right to possession and care of a child	Law Commission
De facto Partner	means a person who is a party to a de facto relationship (as defined in s.29A of the Interpretation Act 1999)	Legislation
De facto Relationship	In an enactment, de facto relationship means a relationship between 2 people (whether a man and a woman, a man and a man, or a woman and a woman) who live together as a couple in a relationship in the nature of marriage or civil union; and are not married to, or in a civil union with, each other; and are both aged 18 years or older, or one or both aged 16 or 17 years if that person(s) has obtained consent for the relationship in accordance with s.46A of the Care of Children Act 2004.	Legislation
Declaration	An official (and usually written) announcement. For example, a court can issue a declaration stating that a certain fact or situation exists.	Ministry of Justice
Decree	An order by a court	Law Commission
De-Facto Relationship	A relationship between two people (whether a man and a woman, a man and a man, or a woman and a woman) who live together as a couple in a relationship in the nature of marriage or civil union; and are not married to, or in a civil union with, each other; and are both aged 16 years or older. The context and all circumstances of the relationship need to be taken into account, so it is sometimes necessary for the Family Court to determine whether a de-facto relationship exists.	Interpretation Act 1999
Defend	To respond to or oppose an application	Law Commission
Defendant	A person charged with a criminal offence.	Ministry of Justice
Defended Hearing	A full hearing where the judge hears all the evidence of the applicant and their respondent and any other party	Law Commission
Departure Order	Under the Child Support Act 1991, an order which alters the formula assessment	Law Commission
Deponent	The person who makes an affidavit	Law Commission
Direction	An order made by a judge in relation to the conduct of a proceeding.	Ministry of Justice
Directions Conference	A meeting in court to enable the Family Court Associate or Judge to make orders or give directions to ensure that a hearing takes place as soon as possible and will enable to determination of the issues in dispute.	Family Court Rules 2002
Discharge (a court order)	To reverse a previous court order.	Ministry of Justice
Disclosure	Giving information or documents to the other party that are relevant to the court proceedings	Law Commission
Disclosure (criminal proceeding)	means providing a copy of the evidence that the Crown and police have collected to prosecute a criminal case, as required by the Criminal Disclosure Act 2008.	Ministry of Justice
Discontinue	To stop a proceeding.	Ministry of Justice
Discovery	A process by which the parties involved in a legal proceeding must inform each other of documents they have in their possession and which relate to the matters in dispute between the parties.	Ministry of Justice
Dissolution	An order formally ending ('dissolving') a marriage or civil union. Commonly referred to as a ‘divorce’.	Ministry of Justice
Distance	means a distance measured in a straight line on a horizontal plane.	Legislation
District Court	The District Court has jurisdiction in criminal proceedings over (a) category 1 offences; (b) category 2 or 3 offences unless and until transferred to the High Court for trial or sentence; and (c) category 4 offences until transferred to the High Court (after the defendant’s first appearance). The court has general jurisdiction in civil actions up to a value of $200,000.	Ministry of Justice
Divorce	See Dissolution.	Ministry of Justice
Dock	A place where the defendant stands or sits during a criminal case.	Ministry of Justice
Elder Abuse	An intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes harm to an adult 60 years and older.	World Health Organisation
Employment Court	The Employment Court has jurisdiction to hear and determine all matters relating to employment disputes, either in the first instance or, more commonly, as challenges to determinations of the Employment Relations Authority.	Ministry of Justice
Enactment	means the whole or a portion of an Act or regulations	Legislation
Enduring Power of Attorney	An enduring power of attorney (EPA) is a legal document which sets out who can take care of a person's financial or personal matters if they can't. That person is called the 'Attorney' and the person who issues the EPA is the 'Subject Person'.	Ministry of Justice
Environment Court	The Environment Court's work involves public interest questions relating to New Zealand's environmental matters, and other issues arising under the Resource Management Act 1991.	Ministry of Justice
EPOA	see Enduring Power of Attorney	Portia Glossary
Estate	Everything that a person owns or controls at the time of their death.	Community Law
Evidence	The various things presented in court to prove an alleged fact, including written or spoken testimony from witnesses, and other material such as documents, photographs, maps and videos.	Ministry of Justice
Evidence-in-chief	means when a person gives their initial testimony as witness	Ministry of Justice
Examination-in-chief	means when the lawyer for one side calls their witnesses and asks them questions in court to support their case.	Ministry of Justice
Executor	The person appointed in the deceased’s will to manage the estate.	Community Law
Exempt	A generic term used frequently in New Zealand law. It means to be free from an obligation or liability imposed on others.	Ebborn Law Ltd
Exhibits	Items of evidence used during a trial. These can be photos, statements, diagrams, weapons, or any relevant object or material.	Ministry of Justice
Expert witness	A person who is a specialist in a subject who may present his or her expert opinion, without having witnessed the actual criminal event.	Ministry of Justice
Family Court	A division of the District Court that was established under the Family Court Act 1980 as a place where people living in New Zealand could receive assistance with family problems.	Ministry of Justice
Family Dispute Resolution	An out-of-court process provided by an authorised provider for the purposes of assisting parties to a family dispute to resolve the dispute without having to pursue court proceedings; and ensuring that the parties’ first and paramount consideration in reaching a resolution is the welfare and best interests of the children.	Family Dispute Resolution Act 2013
Family Group Conference	Under the Oranga Tamariki Act 1989, a meeting of family members to discuss a child	Law Commission
Family Justice System	A collection of individuals, agencies and businesses that collectively ensure people in New Zealand can access just outcomes for family-related issues that cannot be resolved otherwise. Includes the Family Court, lawyers and law firms, government agencies such as Oranga Tamariki and Ministry of Justice, plus counsellors, psychologists, drug testing agencies, refuges and social workers.	Ebborn Law Ltd
Family Legal Advice Service	The FLAS service is initial advice and information for parties disputing arrangements involving care of their children. This funded service is available for people who meet the income eligibility test.	MoJ Operational Policy v2.0
Family Violence	A broad range of controlling behaviours, commonly of a physical, sexual, and/or psychological nature which typically involve fear, intimidation and emotional deprivation. It occurs within a variety of close interpersonal relationships, such as between partners, parents and children, siblings, and in other relationships where significant others are not part of the physical household but are part of the family and/or are fulfilling the function of family.	NZ Family Violence Clearinghouse
FDR	see Family Dispute Resolution	Portia Glossary
File	Formally lodging an application or other document at court.	Ministry of Justice
Final Order	The ruling of a court which is made to end the matters raised in an application	Law Commission
Fine	A financial penalty.	Ministry of Justice
First appeal	The first time you appeal a decision of a court.	Ministry of Justice
First appeal court	The level of court that decides the first appeal.	Ministry of Justice
Fixture	The date set down for a substantive court hearing.	Ministry of Justice
FLAS	See Family Legal Advice Service	Portia Glossary
FLAS1	Taxpayer-funded legal service covering initial advice to help eligible clients understand their rights, responsibilities, and options both in and out of the Family Court.	Ministry of Justice
FLAS2	Taxpayer-funded legal advice that pays for a limited amount of lawyer time to help eligible clients fill out any application forms when applying for, or responding to, a Parenting Order.	Ministry of Justice
Further appeal	When you appeal the decision made by the court that heard the first appeal. For example, if you appealed the decision of a Community Magistrate to the District Court (a first appeal), you may then be able to appeal that District Court decision to the High Court (further appeal). You must always seek leave to bring a further appeal.	Ministry of Justice
Gazette	means the New Zealand Gazette published or purporting to be published under the authority of the New Zealand Government; and includes a supplement	Legislation
Good Faith	The three key principles of ‘good faith’ are not acting in a misleading or deceptive way; being responsive and communicative, and; before making a decision that could adversely affect an employee’s employment, an employer must give those employees information to be able to understand the situation and have a proper opportunity to comment on it.	Employment NZ
Governor General in Council	(or a similar expression) means the Governor-General acting on the advice and with the consent of the Executive Council	Legislation
Grant of administration	a general term that covers when the court grants probate for a will, and when it appoints someone to manage the estate by granting “letters of administration” (when there’s no will).	Community Law
Guardian (of a child)	Being a guardian of a child means having all duties, powers, rights and responsibilities that a parent has in bringing up the child.	Ministry of Justice
Guardianship	The rights and responsibilities over the upbringing of a child, usually exercised by a parent or another person appointed by a court as a guardian of a child	Law Commission
Guardianship Decision	A decision that relates to the upbringing of a child.	Care of Children Act 2004
Guardianship Order (COCA)	An application made to the Family Court under s27 of the Care of Children Act 2004 to appoint a person as the legal guardian of a child (sometimes mistakenly called 'custody').	Care of Children Act 2004
Guardianship Order (Oranga Tamariki)	An order made under s110 of the Oranga Tamariki Act 1989 to appoint a representative of the state as a guardian if there are sufficient concerns about the welfare of the child.	Oranga Tamariki Act 1989
Habeas Corpus (writ of)	An application to the High Court to decide whether or not a person’s detention is lawful.	Ministry of Justice
Hague Convention	There are a number of International Conventions that were adopted in the Hague. The common one in the context of the Family Court is the Hague Convention on the civil Aspects of International Child Abduction, which was incorporated into the Care of Children Act 2004 by sub-part 4.	Law Commission
Harm (in the context of family violence)	Any act of violence which has been inflicted on one family member by another. Often, Family Harm is assumed to be physical violence however; there are more ways in which violence can be present in family/whānau, intimate partner relationships and harm against children. Using emotional abuse, psychological abuse, threats and coercion, using intimidation, isolating behaviours, minimizing, denying and blaming, sexual abuse, economic abuse, and using children are all forms of Family Harm.	Mana Ake
Hearing	A legal proceeding where an issue of law or fact is tried and the parties present evidence and submissions to the court.	Ministry of Justice
Hearsay	A statement made by a person other than a witness and offered as evidence at a proceeding to prove the truth of its contents.	Ministry of Justice
High Court	A court with general jurisdiction in civil and criminal matters. Above the High Court is the Court of Appeal and then the Supreme Court. Rights of appeal to the High Court exist against the decisions of District, Family, Youth and Environment Courts and numerous administrative tribunals and regulatory bodies.	Ministry of Justice
Hui	(Māori) means a meeting	Law Commission
Hung Jury	A jury that is unable to reach a verdict.	Ministry of Justice
Imprisonment	To be held in custody, usually in a prison.	Ministry of Justice
Inadmissible evidence	Evidence that is not admissible. In other words, evidence that cannot be received into evidence at a trial for consideration by the judge and/or jury. For example, irrelevant evidence. More information about admissibility of evidence can be found in the Evidence Act 2006(external link).	Ministry of Justice
Information	That which informs, instructs, tells or makes aware.	NZLR 385, 402
Infringement Notice	The notice of a fine issued by a prosecuting authority for a minor offence – for example, a speeding ticket issued by the Police or a parking ticket issued by a local council.	Ministry of Justice
Injunction	A court order saying that a person must do or not do a particular act. Injunctions can be temporary ('interim injunctions') or permanent.	Ministry of Justice
Inquest	A hearing in court for the Coroner to look at all the evidence about a death.	Ministry of Justice
Inquisitorial	A style of hearing where the judge requests information, asks questions, and exercises control over the information brought before the Court	Law Commission
Inspection	The viewing of documents relevant to a case before the Court, which have been disclosed by the other side	Law Commission
Interim Order	A temporary order made and enforced until a final order is made	Ministry of Justice
Intestate	If you die without a will (or if your will doesn’t cover all of your property), you will be said to have died “intestate”.	Community Law
Issues Conference	A meeting held early in the litigation processes that allows a Judge or Family Court Associate to ask questions of the parties and make directions if appropriate.	Family Court Rules 2002
Iwi	(Māori) means a tribal group	Law Commission
Judge	An appointed official who makes or facilitate decisions in accordance with New Zealand’s laws. In order to perform this role, a judge must apply the laws which are passed by Parliament. Parliament, which is democratically elected, passes laws which reflect the intention or interests of New Zealanders. In this way, society’s standards and views are formally expressed by the enforcement of laws.	Courts of NZ
Judge’s list	A list of matters to be heard by a judge on a certain day	Law Commission
Judge-Alone Trial	A hearing where a judge alone hears from both sides and makes a decision. Judge-alone trials are the default trial for category 1, 2 and 3 offences, although a defendant charged with a category 3 offence may elect jury trial.	Ministry of Justice
Judge-led Mediation	A meeting where the judge acts as mediator to attempt to resolve a dispute	Law Commission
Judge's List	The cases to be dealt with on any given day by a judge.	Ministry of Justice
Judgment	The final order or set of orders made by a court after a hearing, often accompanied by reasons which set out the facts and law applied to the case.	Ministry of Justice
Judicial Conference	A meeting of the parties before a judge to discuss issues in a proceeding. Typically used to speed up a proceeding or get the parties to settle.	Ministry of Justice
Judicial decision	A decision made by a judicial officer, such as a Justice of the Peace, Community Magistrate or judge.	Ministry of Justice
Judiciary	The judges and judicial officers who apply the law by hearing and deciding cases.	Ministry of Justice
Jurat	The space on a legal document where the deponent and person taking the oath or declaration sign	Law Commission
Jurisdiction	The extent of legal authority or power of a court to apply the law.	Ministry of Justice
Jury	A group of people whose role in a criminal or civil trial is to decide matters of fact and reach a decision.	Ministry of Justice
Jury Trial	A court case that is heard by both a judge and jury, rather than by a judge alone.	Ministry of Justice
Justice of the Peace (JP)	An judicial officer who can exercise some powers. JPs can witness signatures on documents, take oaths and affirmations, and issue search warrants. They also usually preside over preliminary hearings in criminal cases, and they hear and decide some minor traffic cases.	Ministry of Justice
Karakia	(Māori) means prayer	Law Commission
Kaumātua	(Māori) means an elder	Law Commission
Kawa	(Māori) means protocol	Law Commission
Kōrero	(Māori) means speech	Law Commission
L4C	(see Lawyer for the Child)	Ebborn Law Ltd
Law	A collection of enforceable rules, creating rights and obligations for persons.	Ministry of Justice
Laws of Intestacy	Laws that determine how property is divided, and who it is distributed to, if someone dies without a will.	Community Law
Lawyer	A person who holds a current practising certificate issued by the New Zealand Law Society as a barrister or as a barrister and solicitor.	Lawyers & Conveyancers Act 2006
Lawyer for Child	(see Lawyer for the Child)	Ebborn Law Ltd
Lawyer for the Child	A lawyer appointed by a Family Court Judge to act for a child involved in a case (lawyers shorten this to 'L4C'). Children do not have 'legal capacity' and as such may not represent themselves in Court. The L4C is a senior family lawyer who has undergone specialist training and must show evidence of cultural competency as well as an in-depth understanding of legislation and case law relating to child matters.	Community Law
Leave	Permission obtained from the court to take some action which, without such permission, would not be allowed.	Ministry of Justice
Leave (of the court)	Permission given by the court to do something that otherwise would not be permissible.	Ministry of Justice
Leave to appeal	Permission obtained from the court you are appealing to before that court will consider your appeal.	Ministry of Justice
Legacy	Money or other property left by a will.	Community Law
Legal Aid	Government funding to help pay for legal help for people who cannot afford a lawyer. Paid at a significantly lower rate than a lawyer's normal fee. Often must be repaid to the government.	Ministry of Justice
Legal Professional Privilege	(also solicitor-client privilege) protection of confidential communications between a person and a legal adviser made for the purpose of obtaining and giving legal services (s54. Evidence Act 2006); and protection of communications or information passing between a client and their lawyer and third parties if that communication or information was made, received, compiled or prepared for the dominant purpose of preparing for a proceeding or an apprehended proceeding (s.56, ibid.).	University of Otago
Legal Services	means services that a person provides by carrying out legal work for any other person	Legislation
Legal Work	includes the reserved areas of work; advice in relation to any legal or equitable rights or obligations; the preparation or review of any document that creates, or provides evidence of, legal or equitable rights or obligations, or creates, varies, transfers, extinguishes, mortgages, or charges any legal or equitable title in any property; mediation, conciliation, or arbitration services; or any work incedental to work described herein.	Legislation
Legally Competent	(see Capacity)	Ebborn Law Ltd
Legitimacy	Lawfulness	Law Commission
Letters of Administration	A High Court order (also known as an “order to administer”) that appoints someone an “administrator”.	Community Law
Liable Parent	Under the Child Support Act 1991, the parent who pays child support	Law Commission
Limited Retainer	An agreement with a lawyer where, by agreement with a client or provided for under the law, the performs one or more discrete tasks while the client handles other matters that, in a traditional full service retainer, would form part of the services the lawyer would provide.	Law Commission
Litigant	A party to a civil or family court case.	Ministry of Justice
Litigation	The process by which disputes between private individuals, corporate entities or other legal personalities are resolved through the court system.	Turner Hopkinse
Litigation Guardian	A person who is appointed under the court rules to conduct a proceeding (representing a person who is unable to either due to minority or incapacity). Children and people who have no legal competence may not represent themselves in NZ court cases and require someone to speak for them in court, or to instruct a lawyer to act for them.	Family Court Rules 2002
Maintenance Order	An order by a court that one person provide financial support for another	Law Commission
Mana Whenua	(Māori) Territorial rights, power from the land, authority over land or territory, jurisdiction over land or territory - power associated with possession and occupation of tribal land.	Te Aka Māori
Māori Land Court	The Māori Land Court has jurisdiction to hear matters relating to Māori land including successions, title improvements, Māori land sales, and the administration of Māori land trusts and Incorporations. It also has jurisdiction to hear cases under the Māori Fisheries Act 2004, the Māori Commercial Aquaculture Claims Settlement Act 2004 and a number of other statutes.	Ministry of Justice
Māoritanga	(Māori) culture/perspective of Māori	Law Commission
Marriage	The (legal) union of two people, regardless of their sex, sexual orientation, or gender identity.	Marriage Act 1955
McKenzie Friend	Somebody who accompanies an unrepresented litigant to a court hearing for the purpose of assisting him in such matters as taking notes, helping to organise the documents, and quietly making suggestions. For example, suggesting questions to put to a witness.	Ministry of Justice
Mediation	See “Alternative Dispute Resolution”.	Ministry of Justice
Mediation Agreement	A formal document created by a mediator that outlines the result of mediation between two or more parties. This document is not binding under law, but can be used to seek a Consent Memorandum from the Family Court.	Ebborn Law Ltd
Mediator	A qualified person who assists two or more parties to make their own decisions and agreements. Their role is to guide the process so that the issues can be defined, the relevant information produced and options explored without undue delay or legalistic procedures.	AMINZ
Memorandum	A document setting out matters that need issues to be resolved	Law Commission
Mihi	(Māori) Welcome	Law Commission
Minister	(in relation to an enactment) means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of an enactment	Legislation
Money	includes bank notes and other currency, being any negotiable instruments used or circulated, or intended for use or circulation, as currency; and postal notes and money orders; and promissory notes and bills of exchange, whether of New Zealand or any other country	Legislation
Month	means a calendar month	Legislation
Name suppression	In most cases, the media has the right to publish a person’s name if that person has been charged with an offence. In cases where publication of a person’s name might lead to undue hardship for that person or another person, the Court can grant either interim or permanent name suppression. More information is available in section 200(external link) the Act and on the Community Law website(external link).	Ministry of Justice
Narrative Affidavit	An affidavit setting out the background to a matter	Law Commission
Natural Justice	Transparency and fairness of procedure and freedom from bias on the part of the person making the decision/judgment. The rights of both parties to a formal complaint should be protected by the principles of natural justice	Ministry of Justice
New Zealand	New Zealand or similar words referring to New Zealand, when used as a territorial description, mean the islands and territories within the Realm of New Zealand; but do not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency	Legislation
New Zealand Law Society	The national regulator and a representative body of the legal profession in Aotearoa New Zealand.	NZ Law Society
Non-Contact Order	An Order prohibiting the offender against whom it is made from doing, or threatening to do, any of the following: watching, loitering near, or preventing or hindering access to or from the victim’s place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often; following, stopping, or accosting the victim; making contact with the victim (whether by telephone, electronic message, correspondence, or in any other way); giving offensive material to the victim, or leaving offensive material where it will be found by, given to, or brought to the attention of the victim; and encouraging any other person to do any of the acts specified above to the victim, where those acts, if done by the offender, would be prohibited by the order. When made final, the Court may also prohibit the offender from entering, residing within or engaging in employment in any area it specifies.	Ministry of Justice
North Island	North Island means the island commonly known as the “North Island”; and includes the islands adjacent to it north of Cook Strait	Legislation
Notary Public	A person authorised by the Archbishop of Canterbury to witness the signing of documents from countries outside of New Zealand.
Notice of Intention to Appear	A notice to the Court that a person has an interest in a matter but does not wish to oppose or defend it	Law Commission
Oath	A solemn declaration, accompanied by swearing to God, that one’s statement is true before a person who has authority to administer it.	Ministry of Justice
Offence	An act or omission that one may be prosecuted for and punished under the criminal law.	Ministry of Justice
Offender	A person convicted of a criminal offence.	Ministry of Justice
On Notice	When an application is made to court that is served on the other party, to allow that person to respond before a judge makes a decision
Oral	means something that is spoken
Oranga Tamariki	The government department responsible for leading New Zealand’s efforts to protect children and young people.	NZ Government
Order	A formal direction from the court.	Ministry of Justice
Order in Council	Order in Council means an order made by the Governor-General in Council	Legislation
Order Preventing Removal	A Court Order preventing a child from legally being removed from Aotearoa New Zealand by anyone unless the Order says otherwise. This may include the person who asked for the ‘Order Preventing Removal’.	Ministry of Justice
Paramountcy Principle	The paramountcy principle is that the child's best interest and welfare is the first and paramount consideration. The Care of Children Act 2004 outlines things a Judge must take into consideration when making orders around care and protection of children: Protecting the safety of the child.
Parent	There is no clear definition of “parent” in New Zealand law. It is assumed, rather than stated, that the woman who gives birth to the child is the child’s mother and that the man whose sperm brings about the child’s conception is the child’s father. A child born to a married woman is presumed to be the child of her husband (or former husband) if born during the marriage, or within 10 months of the marriage being dissolved. This definition of natural parenthood is sometimes called "genetic parenthood". Adoption and donor conception – where the law gives status to people who have no genetic or gestational relationship with the child – may provide another pathway to being a parent.	New Zealand Law Commission
Parenting Agreement	(see Mediation Agreement)	Ebborn Law Ltd
Parenting Decision	A decision made by a parent of a child, about the child's general day-to-day care and can be made unilaterally. This is opposed to a Guardianship Decision.	Ebborn Law Ltd
Parenting Order	An Order made by the Family Court to decide who will have day-to-day care of a child and who can have contact with a child.	Community Law
Parenting Plan	A document that has been agreed to by parents in a dispute over a child. It can include how much time the children will spend with each parent; contact and handover arrangements; where the child goes for special occasions (for example, birthdays, Christmas, Mother’s and Father’s Days); how the child’s holidays are arranged; schooling; how health matters are dealt with, and; how religious and cultural matters are respected.	Fair Way Resolution
Parenting Through Separation	A free course for parents who are currently separating or have recently separated. It can also help grandparents and other family members/whānau who have responsibilities around a child's care.	Barnardos
Party	Persons involved in a court case such as the applicants, appellants, respondents, defendants (who are generally called “parties”).	Ministry of Justice
Paternity	A determination by the Family Court deciding who the male parent (father) of a child is.	Ebborn Law Ltd
Paternity Order	An order that establishes the father of a child	Law Commission
Perjury	A crime in which a person knowingly makes a false statement while under oath. Can carry a penalty of imprisonment of up to seven years.	Ministry of Justice
Person	person includes a corporation sole, a body corporate, and an unincorporated body	Legislation
Personal Grievance	An action that an employee may take against a current or former employer when there is an employment issue that is otherwise unresolveable.	Employment NZ
Personal Information	Information about an identifiable individual. Includes information relating to a death that is maintained by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021 or any former Act (as defined in Schedule 1 of that Act).	Legislation
Personal Representative	A general term for the person who manages the deceased person’s estate – either the person appointed to do this under a will (the “executor”), or, if there’s no will, the person appointed by the courts to do this under “letters of administration” (the “administrator”).	Community Law
Plaintiff	The party making a claim in a civil case.	Ministry of Justice
Plea	A criminal defendant's answer to a charge. The defendant can plead guilty or not guilty.	Ministry of Justice
Police Safety Order	(also PSO) means an Order issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address and abide by certain conditions while the PSO is in force. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. PSOs may be issued for up to ten days.	NZFVC
Power of Attorney	A person appointed legally by someone to make decisions on their behalf or sign documents for them. Often used when people travel abroad. Not to be confused with Enduring Power of Attorney.	New Zealand Law Society
Practice Note	Guidelines issued by courts for the procedures that must be followed in court (e.g. the time limits for filing evidence with the court), or by the New Zealand Law Society to provide guidance to lawyers.	Ministry of Justice
Pre Nuptial Agreement	see contracting out agreement
Pre-Hearing Conference	A meeting in court to enable the Family Court Associate or Judge to review a proceeding set down for hearing and to make orders or give directions to ensure that the proceeding will be ready to be determined at that hearing.	Family Court Rules 2002
Prenup	see contracting out agreement
Prescribed	prescribed means prescribed by or under an enactment	Legislation
Pre-Sentence Report	A report prepared by a probation officer in a criminal case to assist a judge deciding upon the appropriate sentence.	Ministry of Justice
Presumption of innocence	The presumption of innocence is a basic right under New Zealand’s criminal justice system. If you are charged with a crime, you have the right to be presumed innocent until proven guilty in a court of law.	Ministry of Justice
Pre-Trial Conference	A conference with a judge to discuss how matters are to proceed at a hearing	Law Commission
Prima Facie (evidence)	Evidence used to establish a prima facie case against a criminal defendant – that is, sufficient evidence to justify the defendant standing trial.	Ministry of Justice
Privacy	The right of an individual to have control over their personal information. Personal information is any information which is about an identifiable individual. All agencies (government departments, companies, small businesses, social clubs and other types of organisations) must follow a set of rules when handling personal information as outlined under the Privacy Act 2020.	Digital.Govt.NZ
Privileged (document or information)	A document or information that a party cannot be made to disclose in court (the conversations you have with your lawyer are always priveleged except in certain circumstances).	Ministry of Justice
Privileged Document (or information)	A document (or information) which must be kept confidential and cannot therefore be disclosed in court	Law Commission
Probate	A High Court order that establishes that a will is valid and gives the executor authority to deal with the estate.	Community Law
Probation Officer	These people attend court on behalf of the Department of Corrections. Their main function is to recommend a specific type of sentence for a defendant. They can also prosecute people for failing to do part of their sentence.	Ministry of Justice
Proceeding	A case being considered by a court.	Ministry of Justice
Proclamation	Proclamation means a proclamation made and signed by the Governor-General under the Seal of New Zealand and published in the Gazette	Legislation
Property Manager	A person appointed under s31 of the Protection of Personal and Property Rights Act 1988 as manager of any property; and includes a trustee corporation that is acting as manager for any person but does not include a person appointed under Order of the Court (s11) to administer any property.	PPPR Act 1988
Prosecution	The party taking the case against the defendant. This can either be the police, Crown solicitor or private prosecutor. In the High Court the prosecutor will always be either a Crown solicitor or private prosecutor.	Ministry of Justice
Prosecutor	The person who appears in court and presents the case against a defendant.	Ministry of Justice
Protection Order	An Order of the Family Court made under s79 of the Family Violence Act 2018 and made final by the Court. It will apply for the benefit of any child of the Applicant’s family and may apply to people other than the Applicant if specified. The Order creates an offence if the Respondent (or Associated Respondents) contact or commit family violence towards anyone covered by the Protection Order, or have others breach the Order.	Family Violence Act 2018
Public Notification	public notification, public notice, or a similar expression in relation to an act, matter, or thing, means a notice published in the Gazette; or one or more newspapers circulating in the place or district to which the act, matter, or thing relates or in which it arises	Legislation
Qualifying Custodian	Under the Child Support Act 1991, the person to whom child support is paid	Law Commission
Quash	Where a court makes something void (e.g. where an appeal court cancels a conviction entered in a lower court).	Ministry of Justice
Reasonable doubt	see 'Beyond Reasonable Doubt'.	Ministry of Justice
Re-examination	This is when the lawyer who carried out the examination-in-chief gets a chance to question their own witnesses again to clarify points arising out of the cross-examination.	Ministry of Justice
Refugee	A person who, owing to a fear of persecution, is outside the country of their nationality (or residence if the person has no nationality) and is unable or unwilling to avail himself of the protection of that country or return to it.	Ministry of Justice
Registrar	A court official who makes sure that the formal processes of the court are followed and that accurate records of hearings are kept, and who gives effect to any direction from the judge. Sometimes referred to as the 'court taker'. The registrar can also exercise some of the court's powers, including making decisions about some matters (for example, timetabling decisions about when certain steps in a court case will take place).	Ministry of Justice
Registrar’s List	A list of matters to be heard by a registrar on a certain day	Law Commission
Registrar's List	During the life of a case the court will give a variety of directions to keep the case progressing towards a final decision. Some of these issues will be dealt with by a judge, but many issues can be dealt with by the court registrar.	Ministry of Justice
Regulations	means regulations, rules, or bylaws made under an Act by the Governor-General in Council or by a Minister of the Crown; an Order in Council, Proclamation, notice, Warrant, or instrument, made under an enactment that varies or extends the scope or provisions of an enactment; an Order in Council that brings into force, repeals, or suspends an enactment; regulations, rules, or an instrument made under an Imperial Act or the Royal prerogative and having the force of law in New Zealand; an instrument that is a legislative instrument or a disallowable instrument for the purposes of the Legislation Act 2012; an instrument that revokes regulations, rules, bylaws, an Order in Council, a Proclamation, a notice, a Warrant, or an instrument, referred to [herein]	Legislation
Relationship Debt	A debt that has been incurred by the spouses/partners jointly, or: in the course of a common enterprise carried on by one or both of the partners; for the purpose of acquiring, improving, or maintaining relationship property; for the benefit of both spouses or partners in the course of managing the affairs of the household; for the purpose of bringing up any child of the relationship. Be aware that a debt can be a 'relationship' debt even if one party was not aware of the debt.	Rainey Collins Lawyers
Relationship Property	All property acquired for or during a marriage, civil unioin or de-facto relationship. This also includes property acquired by one party prior to the relationship commencing, if it is used for the benefit of the relationship. The definition further states that this includes the family home, whenever it was acquired. The family home is generally defined as the main residence for the couple or family during the relationship.	Property (Relationships) Act 1976
Relationship Property Agreement	Spouses or civil union partners or de facto partners may, for the purpose of settling any differences that have arisen between them concerning property owned by either or both of them, make any agreement they think fit with respect to the status, ownership, and division of that property.	Property (Relationships) Act 1976
Remand	An adjournment of a hearing of a criminal charge to a later date.	Ministry of Justice
Remanded	After one court appearance a person on charges is normally 'remanded' to their next appearance. This means they will either be: remanded at large, which means they are free to go until their next appearance; or remanded in custody, which means they are held in prison.	Ministry of Justice
Remanded on Bail	means a person who has been charged is released, normally withconditions they must comply with (such as having to live at a particular place, having no contact with the victim, or having to report to police regularly); or until the next court date.	Ministry of Justice
Repeal	(in relation to an enactment) includes expiry, revocation, and replacement	Legislation
Reserved Areas of Work	Means the work carried out by a person in giving legal advice to any other person in relation to the direction or management of any proceedings that the other person is considering bringing, or has decided to bring, before any New Zealand court or New Zealand tribunal; or any proceedings before any New Zealand court or New Zealand tribunal to which the other person is a party or is likely to become a party; or in appearing as an advocate for any other person before any New Zealand court or New Zealand tribunal; or in representing any other person involved in any proceedings before any New Zealand court or New Zealand tribunal; or in giving legal advice or in carrying out any other action that, by section 21F of the Property (Relationships) Act 1976 or by any provision of any other enactment, is required to be carried out by a lawyer.	Legislation
Reserved Decision	The Court giving a decision at a later date or time, often in writing.	Ministry of Justice
Respondent	The person against whom an application to the court is made (or the opposing party to an appeal).	Ministry of Justice
Restorative Justice	A process that provides opportunities for both victims and offenders to be involved in finding ways to hold the offender accountable for their offending and, as far as possible, repair the harm caused to the victim and community.	Ministry of Justice
Restraining Order	An order by the court preventing a person from doing certain specified things. Under the Matrimonial Property Act 1976 it may relate to disposing of certain property. Under the Oranga Tamariki 1989, it may prevent a person contacting a child	Law Commission
Retainer	An agreement with a lawyer where a client receives regulated services, similar to a contract but with strict conditions laid out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. A retainer remains in place until the lawyer is discharged by the client (or Court) or it has been terminated for good cause. Regardless of whether the retainer is still in place, the lawyer still has duties to the client even after they are deceased.	Legislation
Revocation of Order	Cancellation or retraction of an order that has previously been made	Law Commission
Rules of Court	A procedural law relating to the way cases are dealt with in court (e.g. Family Court Rules 2002)	Ministry of Justice
Search Warrant	A written order issued by a judge (or justice of the peace or community magistrate) that authorises a police officer (or other enforcement agencies) to search a specific place or area.	Ministry of Justice
Security for Costs	A payment of money to ensure that if a person is unsuccessful, they will be able to pay costs. The security for costs is kept in a trust account until the final outcome of the proceeding.	Ministry of Justice
Self-Represented Litigant	A party to a civil or family court case who is not represented by a lawyer. Also known as a 'lay litigant'.	Ministry of Justice
Sentence	The punishment the defendant will be given. Sentencing happens when a defendant has pleaded guilty or been found guilty.	Ministry of Justice
Sentence indication	A statement by the court that provides you with an idea of the type and quantum (amount) of sentence you would be likely to receive for a charge(s), if you pleaded guilty to that charge.	Ministry of Justice
Serve/Service	To give a copy of a document to every other person or organisation that is part of the proceeding and also to every other person that the court directs to be served.	Ministry of Justice
Setting Down	Where the court decides the date on which a case will have a court hearing.	Ministry of Justice
Settlement	Finalising a legal arrangement or litigation by consent, usually involving one party giving consideration (something of value) to the other	Law Commission
Settlement Conference	A meeting to enable a Family Court Associate or Family Court Judge to ascertain whether any or all of the issues in dispute between the parties can be settled; and settle those issues.	Care of Children Act 2004
Sexually Transmitted Debt	Through the act of secret spending, or financial infidelity, debt is incurred that spouses can be legally responsible for, although the specifics vary from state to state. Bottom line, spouses can suffer the consequences of the other’s bad spending habits.	CESI Debt Solutions
Short Cause	A matter that requires only a brief hearing time of 15 minutes or 30 minutes	Law Commission
Skilled Residence Pathways	There are three skills-based pathways that allow immigrants to get New Zealand residence if you meet the eligibility criteria. They are: Skilled Migrant Resident; Green List (through the Straight to Residence Visa and Work to Residence Visa), and; Care Workforce and Transport Sector Agreement.	Immigration NZ
Solicitor	means a person enrolled as a Barrister and Solicitor of the High Court under, or by virtue of, this Act and practising as a solicitor, whether or not he or she also practises as a barrister.	Legislation
South Island	means the island commonly known as the “South Island”; and includes the islands adjacent to it south of Cook Strait	Legislation
Specialist Report	Especially under the Care of Children Act 2004 and Oranga Tamariki Act 1989 a report obtained from a psychiatrist or a psychologist or other professional	Law Commission
Spousal Maintenance	Financial support for a husband or wife or de facto partner	Law Commission
Statement of Claim	A document filed by the plaintiff or applicant to begin a civil proceeding	Ministry of Justice
Statute Law	Law enacted by the legislative branch of government, as distinguished from case law or common law.	Ministry of Justice
Statutes	Acts of Parliament.	Ministry of Justice
Step-Parent	The relationship of step-parent, stepson, stepdaughter, or any other relationship described by a word containing the prefix “step”, may be established by civil union or by de facto relationship as well as by marriage.	Legislation
Student Visa (fee paying)	A visa that allows a person to study full-time in New Zealand. Applicants must enrol with an approved education provider and have paid the full cost of courses.	Immigration NZ
Subject Person	A legal person who is the subject of an Order, but not the Applicant. For example, orders made under the Protection of Personal and Property Rights Act (Court-ordered enduring power of attorney), or a child covered by a Protection Order or Non-Contact Order.
Submission	An argument that is presented to the court in support of an application. It can be written or oral (spoken).	Ministry of Justice
Summons	A notice to a witness requiring them to appear in court. In a criminal court, only court officers can issue a summons.	Ministry of Justice
Supervised Access	Contact between an adult, usually a parent, and a child, which is overseen by another responsible adult. Usually ordered where there is some risk to the child if the access is not supervised	Law Commission
Support Order	Under the Oranga Tamariki Act 1989, an order for financial support for a child in care	Law Commission
Supreme Court	The highest court in New Zealand and the final appeal court.	Ministry of Justice
Swear	To declare under oath that one will tell the truth.	Ministry of Justice
Tangata Whenua	(Māori) means people of the land - the people who lived in Aotearoa prior to Europeans arriving	Law Commission
Temporary Protection Order	An Order of the Family Court issued on a 'without notice' basis (in other words, without a defence presented by the Respondent). It acts the same as a Protection Order but must be brought before a Family Court Judge within three months. If not defended the Order will become final.	Family Violence Act 2018
Territorial Limits of New Zealand	(limits of New Zealand or a similar expression) when used as a territorial description, means the outer limits of the territorial sea of New Zealand	Legislation
Testamentary	To do with a will, for example, testamentary capacity – whether a person has sufficient mental capacity to sign a will	Law Commission
Testamentary Guardian	A person appointed (by deed or will) by the parent of a child to be a guardian of the child in the event of the parent's death. The Testamentary Guardian may be sole guardian or a guardian in addition to any other guardian, as the case may be.	Care of Children Act 2004
Testify	To give evidence in a court of law.	Ministry of Justice
Tikanga	(Māori) means customary practices/customs	Law Commission
Time	A period of time described as: beginning at, on, or with a specified day, act, or event includes that day or the day of the act or event; or beginning from or after a specified day, act, or event does not include that day or the day of the act or event; a period of time described as ending by, on, at, or with, or as continuing to or until, a specified day, act, or event includes that day or the day of the act or event; or ending before a specified day, act, or event does not include that day or the day of the act or event. A reference to a number of days between two events does not include the days on which the events happened. A thing that, under an enactment, must or may be done on a particular day or within a limited period of time may, if that day or the last day of that period is not a working day, be done on the next working day.	Legislation
Timetable	A list of dates given by a court for when a court's directions about the progress of a case must be carried out – for example, when the parties have to file evidence with the court.	Ministry of Justice
To deliberate	To consider the facts, law and other matters, particularly by members of a jury.	Ministry of Justice
Tort	A civil wrong where one person unreasonably interferes with the rights of another.	Ministry of Justice
Transcript	A written, word-for-word record of what was said in a trial or other court proceeding.	Ministry of Justice
Trial	Judicial examination and determination of issues between parties with or without a jury.	Ministry of Justice
Tribunal	A specialised adjudication body established by legislation– for example, the Waitangi Tribunal.	Ministry of Justice
Trust	A form of ownership of assets whereby the trustees of the trust own assets but hold those assets for the benefit of other persons known as beneficiaries	Law Commission
Trust Account	means, in relation to a practitioner or incorporated firm, any trust account at a bank in New Zealand that is a trust account in the name of that practitioner or incorporated firm; and includes, in relation to a practitioner, any trust account at a bank in New Zealand that is in the name of a firm in which that practitioner is a partner or is held out to be a partner; or is in the name of an incorporated firm of which that practitioner is a director or shareholder	Legislation
Ultra Vires	Where a person or body has acted outside the legal limits of their powers.	Ministry of Justice
Undertaking	A promise given by one person to another, to behave (or avoid behaving) in a certain way. Used sometimes in family violence procedings to avoid a hearing
Verbal	means something written or spoken (i.e. put into words)
Verdict	The decision that is made at the end of the trial about whether you are guilty or not guilty of the charges against you.	Ministry of Justice
Vexatious Litigant	A person who abuses the justice system by persuing vexatious proceedings.
Vexatious Proceeding	A court proceeding without any particular merit, designed to annoy or oppress the other party.	Ministry of Justice
Victim	A person against whom an offence is committed by another person, causing physical injury, or loss of, or damage to, property. It also includes the parent or legal guardian of a child, or young person, who is the victim of an offence, unless that parent or guardian is convicted in relation to that offence. A victim is also a member of the immediate family of a person who dies or is rendered incapable because of an offence committed against them, unless that family member is convicted in relation to that case. More information about victim’s rights is available in the Victims’ Rights Act 2002.	Ministry of Justice
Victim Adviser	A District Court staff member who helps victims through the court processes.	Ministry of Justice
Visa	Allows a person who is not a citizen to visit as a tourist, work temporarily, have a working holiday, study, or live permanently in New Zealand.	Ministry of Foreign Affairs and Trade
Waitangi Tribunal	Established in 1975 by the Treaty of Waitangi Act 1975. The tribunal is a permanent commission of inquiry charged with making recommendations on claims brought by Māori relating to actions or omissions of the Crown that potentially breach the promises made in the Treaty of Waitangi.	Ministry of Justice
Warrant to Arrest	Most commonly, a court order authorising the police to make an arrest.	Ministry of Justice
Warrant to Seize	A written court order that enables a bailiff or collections officer to demand payment and, if not paid in full immediately, to seize and sell property belonging to the debtor to pay a debt.	Ministry of Justice
Welfare Guardian	A person appointed by the Family Court to make decisions about the personal care and welfare of another person who wholly lacks the capacity to make or to communicate decisions relating to any particular aspect or particular aspects of their own personal care and welfare.	PPPR Act 1988
Whakapapa	(Māori) means genealogy	Law Commission
Whānau	(Māori) means family	Law Commission
Whanaungatanga	(Māori) means all relationships on the basis of descent from a common ancestor, and marriage (that is, blood relatives, spouses and affines). The term denotes the fact that in traditional Māori thinking, relationships are everything	Law Commission
Whenua	(Māori) means land	Law Commission
Will	A document that is made by a natural person and disposes of property to which the person is entitled when he or she dies; or disposes of property to which the person’s personal representative becomes entitled as personal representative after the person’s death; or appoints a testamentary guardian.	Wills Act 2017
Will-maker	A person who makes, changes, revokes or revives a will (sometimes used to be called a “testator” or “testatrix”).	Community Law
Without Notice	When an application is made to court and it is not served on the other party, with the intent that a judge will grant an 'order' without hearing from the other person
Without Privilege	A conversation or written material that is not intended to be raised in court by either party (sometimes exceptions are made, e.g. "with exception as to costs")
Witness	A person who gives evidence in court about what they’ve seen, heard or otherwise experienced.	Ministry of Justice
Witness (in court)	A person who gives evidence about what they've seen, heard or otherwise experienced.	Ministry of Justice
Working Day	working day means a day of the week other than a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and if 1 January falls on a Friday, the following Monday; and if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday	Legislation
Writing	writing means representing or reproducing words, figures, or symbols in a visible and tangible form and medium (for example, in print).	Legislation
Young Person	In Youth Court and Family Court cases under the Children, Young Persons, and Their Families Act, 'young person' means a boy or girl aged 14, 15 or 16, but doesn't include anyone who is or has been married or in a civil union. In the Crimes Act it is a person under the age of 16 years.	Ministry of Justice
Youth Advocate	A lawyer appointed by the Youth Court to represent a young person charged with a criminal offence in the Youth Court.	Ministry of Justice
Youth Court	The Youth Court has jurisdiction to deal with young people charged with criminal offences.	Ministry of Justice

Glossary of Legal Terms

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Glossary of Common Legal Terms