About this Glossary

This glossary contains an explanation of terms used in the NZ guides available on this platform.

A

Abatement: the (partial) failure of a gift in a will because there is not enough money in the estate to pay it.

Acquit: Formerly found not guilty of something in Court

Act: A law passed by Parliament

Acts as enacted: Acts in their original form. That is, as they were passed in the Parliament

Address for service: A nominated street address where documents relating to a court proceeding can be delivered and served on someone who is involved in the proceeding.

Adjourn: put a case or court hearing off until some time later

Administrator: someone who administers the deceased’s estate, and not an executor.

Ademption: the failure of a gift in a will because the specifically described item (“my Toyota”, for example) no longer exists or is no longer owned by the testator at the time of death.

Advocate: a person who puts a case on someone else's behalf. They may or may not be legally qualified.

ADR: Alternative Dispute Resolution.

Affidavit: a statement in writing that is sworn or affirmed to be the truth. Only authorised people can take oaths and affirmations. In the probate and administration context, Applicants have to submit affidavits alongside their applications.

Affirmation: A solemn and formal declaration that a person asserts to be true and correct without making any reference to God/Supreme Being. An affirmation has the same legal effect as an oath.

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).

Amanuensis: someone who signs your will on your behalf.

Amendment Act: An Act that alters the operation of an earlier Act (or sections of an Act) through substitution, insertion, omission or repealing.

Amendment Paper: An Amendment Paper (AP) is a published document that sets out proposed amendments to a Bill. Before 8 December 2023, Amendment Papers were known as Supplementary Order Papers (SOPs).

Amicus/Amicus Curiae: means friend of the Court. Someone (often a Barrister) whom the Court (or Judge) appoints to help them 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. Sometimes when one of the parties does not have their own lawyer, and is not allowed to personally cross-examine (ask questions) of the other party, and amicus curiae is appointed to ask questions on their behalf.

Annuity: A yearly grant or allowance usually provided for in a will.

Appeal: An application to a higher court to change a decision of a lower court or tribunal.

Appellant: the person who makes the appeal.

Appellant Court: the court to which the appeal is made.

Applicant: the person who applies to a court for an order, direction or decision.

Application: The act of making a request. But also the name of the document containing that request.

Arbitration: a less formal and less expensive way of resolving disputes instead of, or before going to Court. It can be binding - that means what the person or people doing the arbitration ("the arbitrator") says has to be followed, or non-binding - the people involved can chose whether to accept what the Arbitrator says.

Asset: a valuable piece of property that someone owns.

Attorney: the person you empower under an Enduring Power of Attorney

Attorney-General: the senior law officer of the Government. The Attorney‑General is a Government Minister who provides advice to Cabinet on legal issues and also, under some laws, must give permission or consent for some types of prosecutions. In practice those functions are almost always carried out by the Solicitor‑General

B

Bail: When a person accused of a crime is allowed to stay or return to the community, prior they met conditions - often where they live, what times they are allowed to leave the place they live, how often they have to report to their local police station to show they have not left the area, and to turn up to Court when told to.

Balance of probabilities: the standard of proof in civil cases. It means more likely than not

Baliff: An officer of the District Court who manages and enforces fines and serves some court documents.

Bar: Lawyers who are allowed to practice Law in Aotearoa New Zealand

Barrister: Barristers are specialist litigators or experienced lawyers who give advice/opinions on specific or tricky legal questions. They usually specialise in litigation or a particular specialist area of law. Barristers practise on their own. They are not allowed to be members of a law firm and do not have trust accounts

Beneficiary: in succession law, a successor to the property in one’s estate. In trust law, a person on who’s behalf trustees hold the property.

Beyond reasonable doubt: The standard of proof that applies in a criminal case.

Bill: A Bill is a proposed Act that has been introduced to Parliament (although not all Bills will become Acts). Bills can be changed as they go through the legislative process

Bill of Rights: The New Zealand Bill of Rights Act 1990 was enacted to affirm, protect and promote human rights and fundamental freedoms in Aotearoa New Zealand.

Binding: If a decision is binding on a court, it means the court is required to apply the legal principle from that earlier case.

Bona Vacantia: property of a deceased person that has no heirs or beneficiaries which passes to the Crown.

Burden of proof: The responsibility to prove a disputed allegation or charge. In criminal matters it is beyond a reasonable doubt. In civil matters it is on the balance of probabilities.

C

Callover: A meeting held by a judge to discuss procedural and administrative matters and determine the readiness of the case to proceed. Unrepresented litigants must attend.

Care and Welfare Attorney: an Attorney under an EPA tasked with managing the Enduring Power of Attorney-maker’s care and welfare.

Case law: sometimes called the Common Law but case law is more than that.

Case Manager: Organisations like WINZ and ACC use case managers to look after your claim. Courts also use Case Managers to do all the administrative work in respect of your case before a Court or Tribunal

Case Review Hearing: is a hearing 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.

Caveat: a formal document lodged to stop administration from being granted in order to resolve a dispute in the meantime.

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

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').

Charge: Is a formal accusation brought to the court that a person or organisation has committed a criminal offence.

Charging document: A charging document is the formal method of accusing someone of breaking the law.

Civil Law: The area of law that deals with disputes between people or organisations.

Civil union: A civil union is a formalised legal relationship similar to marriage. A couple can enter into a civil union whether they’re same-sex or different sexes.

Closed court: A court hearing that is closed to the general public. Hearings in the Family Court are usually held in closed court.

Codicil: a document that changes, rather than replaces, a previously executed will. The original will and a codicil (or even many codicils) are read together.

Commencement: refers to the date when an Act or secondary legislation (or part of it) first comes into force.

Compensation/Damages: Money awarded by a court to a person who has been harmed or suffered a loss because of someone else’s unlawful actions

Conditional Gift: a gift in a will that is subject to a condition, usually that the beneficiary obtain a certain age.

Conflict of interest: A real or perceived incompatibility between a person’s private interests and their public duty.

Common law: Case law developed over time by decisions of the court.

Contempt of court: Not obeying, or being disrespectful towards, a court of law and its officers. It is a criminal offence

Contracting out agreement: An agreement made between the partners about the division of their property, for the purpose of contracting out of the provisions of the Property Relationships Act.

Counsel: A lawyer

Court: Judges who sit to adjudicate disputes and administer justice and also the place where cases are heard.

Court order: A formal direction from the court requiring a person to do or not do certain things.

Criminal Law: The prosecution and punishment of people who have committed crimes

Crown Prosecutor / Crown Solicitor: A Crown Solicitor is a lawyer in private practice who holds a warrant of appointment from the Governor‑General to prosecute within a particular geographic area

D

Damages:Monetary compensation

Declaration: Where a court says in an official way that a certain fact or situation exists.

Defendant: The person who the claim is against. They are defending the claim and opposing the plaintiff.

Deliberate: To consider the facts, law and other matters, particularly by members of a jury.

Direction: An order made by a judge in relation to the conduct of a proceeding.

Disclosure: The prosecution revealing all relevant information to the defence in a criminal proceeding.

Discontinue: To stop a proceeding.

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.

Discretionary Trust: a trust where the trustees have discretion over how and when to distribute property to beneficiaries.

Dissenting Judgment: A judgment written by a judge who disagrees with the majority decision of their fellow judges on the Court and explains their different view.

Doctrine of Precedent: The system built around the principle of stare decisis encompassing which courts are bound by other courts and how precedents are applied or distinguished

Dissolution: Divorce.An order formally ending a marriage or civil union.

E

Empowering Act: An Act that allows secondary legislation to be made.

Enduring Power of Attorney (EPA): a document appointing another to act on the their behalf in relation to the their property or care and welfare, such document being effective even when its creator loses mental capacity.

Estate: all the property that someone owns, especially upon and after their death.

Evidence: The various things presented in court to prove alleged facts, including written or spoken testimony from witnesses, and other material such as documents, maps etc.

Execute: make a document legally valid and effective by complying with certain requirements, usually including one’s signature.

Executor: a person nominated in a will-maker’s will to administer their estate.

Exhibit: a document attached or annexed to the end of document to be filed at Court. Often, court documents will have many exhibits.

Examination-in-chief: This is when the lawyer for one side calls their witnesses and asks them questions in court to support their case.

Expert witness: Someone who is a specialist in a subject presents their expert opinion, without having witnessed the actual criminal event.

F

Family Court: a division of the District Court that deals with family matters (marriage, care arrangements, children, etc).

File: submit a document to court with the court’s Registrar

Fixture: The date set down for a substantive court hearing.

G

Gazette: The New Zealand Gazette is the official newspaper of the Government of New Zealand. Secondary legislation is notified in the Gazette after it is made.

Government Bill: A Bill introduced into Parliament by a Minister of the Government. Government Bills deal with matters of public policy.

Governor-General: The Governor-General is the Sovereign's representative in New Zealand.

Gradual Process (ACC): A gradual process is something that occurs slowly over time. It can be the result of the aging process, repeated use or movement, or wear and tear. Wear and tear occurs when something naturally degrades over time through exposure to the elements or through use.:

Grant of Administration: Sometimes used instead of “probate” or “letters of administration” in regards to Wills or intestacy

H

Habeas corpus: An application to the High Court for a writ to decide whether or not a person’s detention is lawful.

Hearing: A legal proceeding

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.

High Court: In New Zealand, the court with general jurisdiction in civil and criminal matters. It also hears appeals from lower courts and tribunals

I

Imperial Acts: Imperial Acts are Acts of the Parliaments of England, Great Britain, and the United Kingdom that are part of the law of New Zealand under the Imperial Laws Application Act 1988.

Inadmissible evidence: Evidence that cannot be taken into consideration by the judge and/or jury.

Injunction: Court order saying that a person must do or not do a particular act. They can be temporary or permanent.

Inquest: When a Coroner to looks at all the evidence about a death in Court.

Interlocutory application: An application to the Court to make an order or direction about a matter of procedure, or for a temporary order.

Inter Vivos Trust: a trust created during the lifetime of the settlor, also called a living trust.

Interim order: A temporary court order.

Intestacy: the state of having died without a will

Intestate Administration: the process of administering someone’s estate pursuant to the intestacy rules.

Issue: usually all of one’s descendants (children, grandchildren, great-grandchildren, etc); sometimes, depending on the context, only their children.

J

Judge-alone trial: A hearing where a judge alone hears from both sides and makes a decision.

Judge's list: The cases to be dealt with by a judge on a particular day

Judgment: A formal decision given by a court, including the reasons the judge gives for his or her decision.

Judicial decision: A decision made by a judicial officer, such as a Judge, Justice of the Peace, Community Magistrate

Judicial Review: The process by which the High Court checks whether a public decision-maker has acted lawfully, fairly, and within their powers. The High Court does not review the merits of the decision, rather, it only the court reviews how the decision was made and whether the decision maker acted within the power given to them by law.

Judiciary: The judges who work within the courts.

Jurisdiction: The extent of legal authority or power of a court to apply the law.

Jury: A group of people whose role in a criminal or civil trial is to decide matters of fact and reach a decision.

Justice of the Peace (JP): an official with some special powers. JP's can oversee people taking an oath or affirmation or to act as a witness to a signature.

K

L

Lapse: the failure of a gift in a will because the beneficiary died before the will-maker.

Leave of the court: Permission given by the court to do something that otherwise would not be permissible.

Leave to appeal: Permission obtained from the court you are appealing to before that court will consider your appeal.

Legacy: a specific gift or sum of money left to someone in a will.

Letters of Administration: a grant authorising someone, to administer a deceased person’s estate.

Life Interest: a right for someone to enjoy property or income from property during their lifetime only.

Litigant: party to a civil or family court case.

Local Act: deals with matters of public interest but only affects a particular part of New Zealand

M

McKenzie friend: A support person (for example a friend or relative) who is given approval by the judge to assist a party in a court case if they do not have a lawyer by taking notes, helping to organise the documents, and quietly making suggestions.

Medium Neutral Citation: A standardised way of citing a case that does not depend on the case being published within a law report. It usually includes the year, the court, and the case number (for example, [2023] NZHC 150).

Mental Capacity/Capability: the level of mental aptitude needed to be able to make/change/cancel an Enduring Power of Attorney.

N

Name suppression: Generally 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.

Next of Kin: the closest living relatives of a person.

Not yet in force: An Act or secondary legislation (or part of one) that has been enacted or made but that has not yet come into force because its start date is in the future.

O

Oath: A solemn declaration, accompanied by swearing to God, that one’s statement is true before a person who has authority to administer it.

Obiter Dicta: Comments made by a judge within their opinion that are not essential to the decision. These remarks are not binding on later courts but can be persuasive in later cases that might extend the reach of the decision.

Offence: An act or omission that one may be prosecuted for and punished under the criminal law.

Offender: A person convicted of a criminal offence.

Official Citation: The citation used for a case published in an official law report series, such as the New Zealand Law Reports (NZLR). This is the preferred citation to use when available.

Order: A formal direction from the court.

Official legislation: If the legislation does not display the New Zealand Coat of Arms on its front page, it is not an official version and is provided for information only.

Order in Council: A type of secondary legislation (regulations) that is made by the Executive Council presided over by the Governor-General.

Ordinances: Laws enacted in Aotearoa New Zealand 1849-1875 - first for all of New Zealand and then by the various provincial governments.

P

Parliament: New Zealand's principal law-making body. It has full power to make laws that apply to anyone in New Zealand. Parliament is made up of the House of Representatives and the Sovereign (represented in New Zealand by the Governor-General).

Partner: A partner includes the husband, wife, spouse, partner by way of civil union, and de facto partner.:

Parties: Persons involved in a court case such as the applicants, appellants, respondents, defendants

Personal Representative: an executor or administrator of the deceased’s estate. This term is often used to refer to the executor or administrator of an estate when the person’s precise role is unknown or not important.

Plaintiff: Person or organisation who starts a civil case and brings the claim to court

Plea: A plea is a defendant’s response to the charge before the court – guilty or not guilty.

Policy Owner: in relation to a life insurance (assurance) policy, the person who is paid any amounts arising from the policy. Sometimes, it is the person who’s life is insured (assured), and sometimes it is another person.

Power of Attorney (POA): a document that authorises someone, the attorney, to act on behalf of another, the donor.

Practice note: Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with the court

Precedent: A legal decision that guides how later cases with similar facts or issues should be decided.

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.

Pre-sentence report: A report prepared by a probation officer in a criminal case to assist a judge deciding upon the appropriate sentence.

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.

Primary legislation: An Act, also called a statute, made by Parliament.

Principal Act: An Act that deals with a particular topic and whose main job is not to amend another Act.

Private Act: An Act that deals with the particular interest or benefit of a named person or group and not for everybody.

Private Bill: A Bill promoted by a person or a body of persons that becomes a private Act if enacted.

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

Probate: when granted, a formal confirmation of the validity of the deceased’s will and the formal appointment of an executor.

Probation officer: 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.

Proceeding: A case being considered by a court.

Property Administrator: someone appointed by the Family Court to deal with a particular piece of property of a mentally incapable person.

Property Attorney: an Attorney under an Enduring Power of Attorney that is tasked with dealing with the Enduring Power of Attorney-maker’s property.

Property Manager: someone appointed by the Family Court to deal with a mentally incapable person’s property.

Prosecution: The party taking the case against the defendant.

Prosecutor: The person who appears in court and presents the case against a defendant.

Provincial Act: A provincial Act (or Ordinance) is an Act that dates back to the time when New Zealand was a colony divided into provinces. Each province had the jurisdiction to pass legislation that only applied within that province.

Public Act: An Act that applies to everyone (or to broad groups of people) within New Zealand. It deals with matters of public policy and is promoted by the Government or a member of Parliament who is not a Minister. Most Acts are public Acts.

Q

Quash: Where an appeal court cancels a conviction entered in a lower court.

R

Ratio Decidendi: The essential legal reasoning or principles that explain why the court reached its decision. This part of the judgment is binding on lower courts.

Rectification: a legal process to amend a will if there is evidence it does not reflect the testator’s true intentions due to an error or omission.

Registrar (of the High Court): an official at the High Court who is responsible for accepting documents for filing, keeping records of documents and distributing documents created by the Court.

Remand: An adjournment of a hearing of a criminal charge to a later date. You can be remanded at large, on bail or in custody.

Repealed Act: An Act that is no longer in force.

Reported Cases: Cases that have been selected and published in official law-report series because they are important or clarify or extend the existing law.

Reserved decision: When the judge puts off giving the decision to a later date or time.

Residue: the portion of the estate left after debts, taxes, expenses and specific gifts have been distributed. The amount of the residue cannot be known for certain until the estate is near fully administered.

Residuary Beneficiary: a beneficiary in a will entitled to (part of) the left over bits when everything else is distributed.

Respondent: The person against whom an application to the court is made.

Restorative justice: A voluntary meeting between a victim and offender, and support people, before sentencing with the aim of allowing victims to have a say and allowing offenders to take responsibility for their actions and make suggestions as to how to make things right. Victims do not need to agree to attend restorative justice meetings.

Revocation Clause: a clause in a will that cancels all previous wills made by the will-maker.

Revoke: cancel a document.

Royal assent: Given by the Governor-General as the Sovereign's representative, it is required before a Bill passed by Parliament can become an Act.

S

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.

Secondary legislation: law that is made by someone other than Parliament. It is made under a power that Parliament has formally delegated in a particular Act. Secondary legislation can have titles like “regulations”, “rules” and “Orders in Council”.

Section: A section is the basic unit of an Act. Each section deals with a separate subject or idea and has its own number

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.

Self-represented litigant: A party to a court case who is not represented by a lawyer. Also known as a lay litigant or litigant in person

Sentence Indication – you can ask the Judge (or Court) for an idea (called an indication) of what sort of sentence you would be likely to receive if you pled guilty at that point. It can include whether you would get a fine, a prison term or community service. It is only a guide. There is further information about them at https://www.districtcourts.govt.nz/about-the-courts/judges-explain-some-of-their-wok/how-a-sentence-indication-can-offer-certainty#:~:text=A%20sentence%20indication%20is%20a%20prediction%20of,about%20whether%20or%20not%20to%20plead%20guilty

Serve: 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.

Service (of documents): The formal delivery of a legal document to a person who will be affected by it.

Settlor: someone who transfers property to trustees to be held on trust for beneficiaries.

Solicitor‑General: The junior Law Officer for the Crown. The Solicitor‑General has statutory oversight of all public prosecutions. The Solicitor‑General has statutory functions and may perform the functions of the Attorney‑General (such as granting consent for certain prosecutions).

Stare Decisis: The principle that courts must follow earlier decisions in similar cases

Statement of claim: A document filed by the plaintiff or applicant to begin a civil proceeding

Statutes: Acts of Parliament.

Stay of proceedings: A written direction from the Attorney‑General, under s 176 of the Criminal Procedure Act 2011, that no further steps can be taken in a prosecution.

Summary of facts: A document prepared by the prosecution which sets out the factual basis for the charges filed.

Specific Gift: a gift in a will of a specific piece of property.

Submission: An argument that is presented to the court in support of an application. It can be written or spoken.

Summons: A notice issued by the court directing a person to appear before it.

Swear: To declare under oath that one will tell the truth

T

Tenancy in Common: a form of co-ownership where each owner holds an undivided share, which can be passed to their heirs upon their death.

Testamentary Capacity: the legally sufficient, mental ability of a person to make a valid will.

Testamentary Freedom: the idea that someone is free to do whatever they want with their property on their death.

Testamentary Guardian: a person appointed in a will to care for a child upon the will-maker's death.

Testamentary Trust: a trust established by a will that comes into effect upon the will-maker’s death.

Testator: The person who made the will.

Testatrix: a female Testator.

Testify: To give evidence in a court of law.

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.

Tort: A civil wrong that causes harm, loss, or injury to a person, their property, or their reputation. There must be an act or omission that violates a legal duty, allowing the injured party to seek compensation (damages) through civil litigation, such as in negligence or defamation cases

Transcript: A written, word-for-word record of what was said in a trial or other court proceeding.

Treatment Injury: Any injury that you sustain during, or as a result of a treatment. Treatment begins from the time that you seek help from a medical professional.

Trial: Judicial examination and determination of issues between parties with or without a jury.

Tribunal: A specialised legal decision making body set up by legislation

Trust: a relationship between trustees and beneficiaries.

Trust Deed: a document setting out the terms and conditions of a trust, and part of a will if the testator creates a testamentary trust.

Trustee: the legal owner of property held for the benefit of beneficiaries.

U

Ultra Vires: where a person or official has acted outside of the power(s) given to them.

Undue Influence: pressure, coercion or an amount of influence that prevents someone from making a will freely and voluntarily.

V

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

Vexatious proceeding: A court proceeding without any particular merit, designed to annoy or harass the other party.

W

Welfare Guardian: a person appointed by the Family Court to look after a mentally incapable person’s welfare.

Will: a document expressing wishes about the testator’s property or their child’s care arrangements upon their death.

Will-maker: someone who writes a will.

Without Notice Application: an application that goes before a Judge without the other side being asked for their views.

Without prejudice: Offers made, or positions taken, during mediation or negotiation which are not binding if the parties do not reach an agreement. These offers or positions may not be taken into account if no settlement is reached and the matter goes to a hearing.

Witness: 1. someone who can attest to something they observed, a person who observes the signing of a document and can attest to its authenticity.

               2. A person who gives evidence in a proceeding, whether in person, in writing or by pre‑recorded video.

Working day: Means a day of the week other than

• a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereigns Birthday, and Labour Day; and
• if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; and
• a day on the period commencing on 20 December in any year and ending with 10 January.

Writ: a written command by a court telling someone to act, or abstain from acting, in a particular way

X

Y

Z

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-- Main.JudiEathorneGould - 22 January 2025