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. A formal statement (usually by a Police officer) that a person is accused of having committed an offence. The Court giving a decision at a later date or time, often in writing. The area of law developed the court while hearing and determining cases. definition of NOVA STATUTA (Black's Law Dictionary, 2nd Edition) New statutes. Edited by Tony Deverson and Graeme Kennedy This dictionary is the first large-scale English dictionary especially prepared for New Zealand users. 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. Legal definition for ASSIGNS: contracts. Commonly referred to as a ‘divorce’. New Zealand Legal Words and Phrases Words and phrases (referred to in this Preface as 'words') are an essential entry point to all those interested in the Law, be they litigators, students, or the public. 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. A person who applies to a court for an order, direction or decision. The cases to be dealt with on any given day by a judge. All Rights Reserved. They are appointed by the Governor-General on the advice of the Attorney-General, who is a Cabinet Member in the government. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. Case law developed over time by decisions of the court. For an example, read the definition of 'road' in the Land Transport Act 1998(external link)(on the Public Access to Legislation Project website). A crime in which a person knowingly makes a false statement while under oath. Legal definition of economic duress: wrongful or unlawful conduct that creates fear of economic hardship which prevents the exercise of free will in engaging in a business transaction; also : the defense of economic duress —called also business compulsion. A judicial officer appointed to look into sudden or suspicious deaths to establish what happened. A statement made by a person other than a witness and offered as evidence at a proceeding to prove the truth of its contents. The rights of both parties to a formal complaint should be protected by the principles of natural justice. 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 videotapes. Legal dictionary - A to L . For example, ‘vehicle crime’ refers to a set of vehicle offences. Usually there will be a jury trial, but a judge-alone trial can be ordered in some cases. 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. Category 4: These are the most serious offences, including murder, manslaughter, torture and terrorism offences. Most hearings in the Family Court, for example, are held in closed court. The offence cannot be manufactured by the judges using the methods of the common law. Current partner (violent offences by current partner) The practising members of the legal profession. A place where the defendant stands or sits during a criminal case. This statutory definition covers places to which the public have access - whether of right or not. This dictionary provides meanings of many of the legal words and phrases used on the Representing Yourself website. A lawyer who presents cases in senior courts. To be held in custody, usually in a prison. An official who can exercise some judicial powers. A collection of enforceable rules, creating rights and obligations for persons. Legal English, sometimes referred to as “Legalese,” was originally the domain of attorneys and other legal professionals throughout English-speaking countries, including the United States, Canada, Great Britain, Australia, New Zealand, Kenya, and South Africa, which shared many traditions of law. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). A criminal defendant's answer to a charge. Laws that stipulate certain wrongs are punishable by the state. You could not be signed in, please check and try again. Where a court makes something void – For example, where an appeal court cancels a conviction entered in a lower court. See Alternative Dispute Resolution. Here’s a list of some key legal differences at different ages. 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). A report prepared by a probation officer in a criminal case to assist a judge deciding upon the appropriate sentence. A jury that is unable to reach a verdict. Secondary Sidebar. A District Court staff member who helps victims through the court processes. 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). New! The purpose of cross-examination is often to challenge the accuracy of the witness's evidence. A Law Dictionary: What is NOVA STATUTA? Use it free! The party making a claim in a civil case. Where a person or body has acted outside the legal limits of their powers. To further protect the independence of the judiciary, Judges in the three highest general courts may not be removed from office or have their salaries cut. Your current browser may not support copying via this button. The legal dictionary also incorporates The People's Law Dictionary, by renowned authorities Gerald and Kathleen Hill. The action taken by court staff to progress a civil or family case to a conclusion. New Zealand An island country in the southern Pacific Ocean southeast of … abbreviation for (Automotive Engineering) New Zealand (international car registration) A written, word-for-word record of what was said in a trial or other court proceeding. 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. The language of law differs from most other role-specific languages in that legal language is culture-bound and intertwined with each particular society and its legal system. ALM's Law.com online Real Life Dictionary of the Law. Much of New Zealand's law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840. A court proceeding without any particular merit, designed to annoy or oppress the other party. An action or omission which constitutes an offence and is punishable by law. An application by a person in custody for the court to grant bail. A procedural law relating to the way cases are dealt with in court. This is where the respondent / defendant in a civil or family case files an application against the applicant / plaintiff who began the case. 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. Parliament is made up of the House of Representatives and the Sovereign (represented in New Zealand by the Governor-General). A legal proceeding where an issue of law or fact is tried and the parties present evidence and submissions to the court. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. The prosecution revealing all relevant information to the defence in a criminal proceeding. Law of Family Protection and Testamentary Promises, 5th edition. The person who appears in court and presents the case against a defendant. Compiled at the New Zealand Dictionary Centre in Wellington, it reflects research into New Zealand words and their use, including new words, and new uses of older words that have evolved in New Zealand. The highest court in New Zealand and the final appeal court. It includes definitions, context, and usage for more than 3,000 terms. They can also prosecute people for failing to do part of their sentence. Evidence used to establish a prima facie case against a criminal defendant – that is, sufficient evidence to justify the defendant standing trial. The document used to file a charge against a person in court. For example, a court can issue a declaration stating that a certain fact or situation exists. A hearing where a judge alone hears from both sides and makes a decision. An application to a senior court to change a decision of a lower court or tribunal. Category 3: Offences with a maximum penalty of a prison term of two years or more (but excluding Category 4 offences). The standard of proof that applies in a criminal case. The definition of roadthat is used for law enforcement purposes, including the enforcement of requirements relating to the use of motor vehicles, has been widened from the traditional view of what is a road. Judges are expected to act independently. Call us on 0800 266 529 or 03 5779919. Established in 1975 by the Treaty of Waitangi Act 1975. The link was not copied. Information for lawyers & service providers, Civil restraint orders to prevent meritless cases, Get consent to marry if you’re aged 16 or 17, Canterbury Earthquakes Insurance Tribunal, COVID-19 commercial lease dispute services, Crown response to the Abuse in Care Inquiry, Referendums 2020 Public Information Programme, Information for the legal profession and service providers, Information for all court and tribunal users, Information on justice services and programmes, Participating in a Virtual Meeting Room court hearing, COVID-19 Alert Level data in the District Court. New Zealand's intermediate appellate 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. A written statement made under oath (including by affirmation) before an authorised person. If you have any questions Community Law Marlborough can help. Injunctions can be temporary ('interim injunctions') or permanent. A document filed by the plaintiff or applicant to begin a civil proceeding. Compensation (usually money) and the most common outcome in civil cases. An order made by a judge in relation to the conduct of a proceeding. Category 2: Offences with a maximum penalty of less than two years in prison. An application to the High Court to decide whether or not a person’s detention is lawful. If you can't find a word you are looking for please send us your feedback. It can be written or oral. 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). An act or omission that one may be prosecuted for and punished under the criminal law. The Magna Carta in 1215, which restricted the power of the monarch, is still applied in New Zealand. The 2nd edition has over 15K legal terms for your business and research use. A document or information that a party cannot be made to disclose in court. In New Zealand a title can be a freehold, leasehold, unit or cross-lease. News, comment and scholarship on the conflict of laws/private international law in New Zealand. Typically used to expedite a proceeding or facilitate settlement. They also usually preside over preliminary hearings in criminal cases, and they hear and decide some minor traffic cases. 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. 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. For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us. The defendant can plead guilty or not guilty. Transparency and fairness of procedure and freedom from bias on the part of the person making the decision/judgment. The person against whom an application to the court is made (or the opposing party to an appeal). The New Zealand Bill of Rights Act 1990 was enacted to affirm, protect and promote human rights and fundamental freedoms in New Zealand. New Zealand synonyms, New Zealand pronunciation, New Zealand translation, English dictionary definition of New Zealand. Law enacted by the legislative branch of government, as distinguished from case law or common law. Rights of a person who doesn't have day-to-day care of a child to spend time with the child. A person who has a wrongful action committed against them. n. the use of force, false imprisonment or threats (and possibly psychological torture or "brainwashing") to compel someone to act contrary to his/her wishes or interests. Criminal law involves a contest in the courts between prosecutors and criminal defendants – those accused of offences. The punishment the defendant will be given. Search more than 10,000 legal words and phrases for clear definitions written in plain language. An appellation sometimes given to the statutes which have been passed since the beginning of the reign of Edward III. Where the court decides the date on which a case will have a court hearing. A group of people whose role in a criminal or civil trial is to decide matters of fact and reach a decision. It adopted a criminal code in 1893, and since then for a person’s behaviour to amount to a criminal offence that offence has to be contained in statute passed by Parliament. During the life of a case the court will give a variety of directions to keep the case progressing towards a final decision. (c) Copyright Oxford University Press, 2021. - Tracey Hewitt is a case worker with Community Law Marlborough A court hearing that is closed to the general public. A court with general jurisdiction in civil and criminal matters. Law Commission in the news | Published 08 December 2020 Related project: Class Actions and Litigation Funding Law Commission seeking views on class actions and litigation funding Legal Māori Corpus Includes the Legal Māori Lexicon. 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. Where a witness who was called by one party in a court case is questioned by the lawyer for the other party. A person (usually a barrister) 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. Access to the complete content on Oxford Reference requires a subscription or purchase. New! From Wikipedia, the free encyclopedia The law of New Zealand has its foundation in the English common law system, inherited from being a part of the Commonwealth. This disposes of the case. 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. A notice issued by the court directing a person to appear before it. An easy-to-understand guide to the language of law from the dictionary experts at Merriam-Webster. Burrows and Carter Statute Law in New Zealand, 6th edition. Above the High Court is the Court of Appeal and then the Supreme Court. The court has general jurisdiction in civil actions up to a value of $200,000. Their main function is to recommend a specific type of sentence for a defendant. A declaration that a person asserts to be true and correct (but without any reference to God). Sometimes referred to as the 'court taker'. The responsibility to prove a disputed allegation or charge. legal definition: 1. connected with the law: 2. allowed by the law: 3. used to refer to a standard size of paper in…. A solemn declaration, accompanied by swearing to God, that one’s statement is true before a person who has authority to administer it. The easiest-to-read, most user-friendly guide to legal terms. Primary Sidebar. An order formally ending ('dissolving') a marriage or civil union. 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. 10 Days. These can be photos, statements, diagrams, weapons, or any relevant object or material. It has full power to make laws that apply to anyone in New Zealand. Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with the court. The upper age limit depends on the particular context and the relevant Act. Legal Māori Resource Hub Examples of Māori language used in legal contexts. A court staff member who assists the court, jurors and members of the public. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and … It can also mean the place where cases are heard. 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. The New Zealand Oxford Dictionary contains over 100,000 definitions, including over 12,000 New Zealand entries and a wide range of encyclopedic information. A formal direction from the court requiring a person to do or not do certain things. A lawyer appointed by the Youth Court to represent a young person charged with a criminal offence in the Youth Court. The prosecution in a serious criminal trial. A person convicted of a criminal offence. 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. This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. A legal proceeding where an issue of law or fact is tried and the parties present evidence and submissions to the court. More than 120 law journals and law reporting series are searchable by either title or abbreviation. Formally lodging an application or other document at court. A judge's office. Compiled at the New Zealand Dictionary Centre in Wellington, it reflects research into New Zealand words and their use, including new words, and new uses of older words that have evolved in New Zealand. A Legal Dictionary. Also known as a 'lay litigant'. Legal Citations of Aotearoa New Zealand (LCANZ) provides guidance on the citation of all major New Zealand legal journals and law reporting series. Find referenced examples of these terms in use. Judicial examination and determination of issues between parties with or without a jury. The act of making a request. 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). A payment of money to ensure that if a person is unsuccessful, they will be able to pay costs. The terms are also used for the systems and guidelines the courts put in place for achieving this. A Dictionary of Māori Legal Terms Use this bilingual dictionary to find Māori terms that describe Western legal concepts and law-related vocabulary. The words ‘crime’ and ‘crimes’ in the NZCASS is a general term which is used to describe a type of offence or group of offences. A court order saying that a person must do or not do a particular act. A baby can only be adopted 10 full days after they are born. Some of these issues will be dealt with by a judge, but many issues can be dealt with by the court registrar. An officer of the District Court who manages and enforces fines and serves some court documents. If duress is used to get someone to sign an agreement or execute a will, a court may find them null and void. Release Date: April 01, 2021 NZD$ 162.00 New! There are 4 categories of offence for proceedings under the Criminal Procedure Act: Category 1: Offences for which the defendant can only be fined. A court case that is heard by both a judge and jury, rather than by a judge alone. A person charged with a criminal offence. Anything said or done that interferes with a judge's ability to administer justice or that insults the dignity of the court. JPs can witness signatures on documents, take oaths and affirmations, and issue search warrants. Papers Past Digitised New Zealand and Pacific newspapers from the 19th and 20th centuries. If you have purchased a print title that contains an access token, please see the token for information about how to register your code. A real or perceived incompatibility between a person’s private interests and their public duty. Copy this link, or click below to email it to a friend. Only lawyers m… 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. Also the name of the document that contains the request. Please subscribe or login to access full text content. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z, To decide officially in court that a person is not guilty. These people attend court on behalf of the Department of Corrections. A meeting held by a judge to discuss procedural and administrative matters and determine the readiness of the case for hearing. The judges and judicial officers who apply the law by hearing and deciding cases. The extent of legal authority or power of a court to apply the law. The Attorney-General consults widely before appointing judges, particularly seeking the opinion of the legal profession. This dictionary is the first large-scale English dictionary especially prepared for New Zealand users. Permission given by the court to do something that otherwise would not be permissible. An adjournment of a hearing of a criminal charge to a later date.