Someone charged with committing a criminal offence.
When an
accused is found not guilty of a charge in a
jury trial.
An Act contains laws that govern our country. Laws are made by Parliament. Any reference to an Act includes all the rules and regulations made under that Act.
A street address where documents relating to a Court proceeding can be delivered to someone who is involved in the proceeding.
The postponing of a proceeding. For example, a Judge may postpone a proceeding for one month to allow time for the parties to discuss
settlement or the affidavits.
To administer a dead person's
estate involves managing that person’s money and property. This includes getting in the debts owed, paying any of their debts, and distributing the
estate to those entitled to it by law.
To agree to having broken the law. When someone says they did the crime they’re charged with, they’re admitting the charge.
To formally warn someone. A
Youth Court Judge can do this when it is proven that a young person committed a criminal offence or they agree that they did.
A promise that something is right or true, which is made by someone without any religious beliefs. An affirmation is just as serious as an oath.
A formal request for a higher Court to reconsider the
decision of a lower Court.
APPEAL AGAINST CONVICTION
This is an
appeal against a finding that a person is guilty. It can be quite complicated and usually takes between 2-8 hours, sometimes more. Often there
will be an
appeal against sentence at the same time. Such an
appeal is called an
appeal against conviction and sentence.
This is an
appeal against the
sentence imposed by the Court, usually on the ground that it was excessive or inappropriate. It usually takes between 2-6 hours, depending on complexity and hearing time. Often there
will be an
appeal against conviction as well, which
will usually result in an increase in time required. Such an
appeal is called an
appeal against conviction and
sentence.
A person who makes an appeal.
A person who applies for a Court order. Also called the plaintiff.
A formal request to a Court for an order, direction, or
decision under a particular Act.
APPLICATION FOR DIRECTION
An
application made to the Court in any matter, where directions are sought from the Court on how to progress the case.
A method of dispute resolution in which the disputing parties agree to abide by the
decision of an
arbitrator instead of going to Court.
A person who works with the parties to a dispute to help them resolve their conflict through arbitration. The arbitrator is like a Judge for the purposes of the arbitration.
The transfer of legal rights, such as the time left on a lease, from one person to another.
In the context of an
application under the Domestic Violence
Act 1995, a person against whom an
order is sought on the basis that the person is being encouraged by the
respondent to commit domestic violence against the applicant.
A foreigner, already in New Zealand or at the border, who seeks refuge by claiming an inability or unwillingness to return to their home country because of a well-founded fear of persecution.
When the Court requires the employer of a person who owes money to deduct a certain amount from the employee’s earnings to pay directly to creditors. Also referred to as garnishment.