Appearing in court - what you need to know

On this folio:

  • Earlier courtroom
  • When yous go far at courtroom
  • During your hearing
  • Publication of your name
  • A look inside a courtroom – who else might be there
  • Interpreter services
  • Video conferences

If yous choose to correspond yourself, information technology helps to have a good understanding of the law and courtroom practices. Information technology is of import to abide by the rules of the courtroom and carry out any directions given by the Court. If yous are unclear of anything, it is important to tell the courtroom and inquire for assistance equally soon as possible.

This section provides data on representing yourself in the High Court on the mean solar day of your court advent(s).

Before court

What to bring with y'all on the day

When representing yourself in courtroom, it is important to accept everything you may wish to speak to on the mean solar day of your appearance, and something to take notes with on the day. For example, you should take:

  • any relevant documents. For instance, on the day of your trial you should accept your bundle of documents, which includes your witness statements, any written submissions you lot have prepared, and any messages or emails from the court;
  • a pen and some paper to continue track of what is being said throughout the trial; and
  • highlighter pens or post-it notes to proceed track of documents that are being discussed, and to mark important points made.

Note: you may wish to consider packing everything in a pocket-sized suitcase before your advent and then you can more than hands transport it to and from the court – lawyers sometimes do this.

Arranging to bring a support person to court

McKenzie Friend

Y'all may wish to consider bringing a back up person with you to court on the solar day of your appearance, for example a friend or relative.

A support person in court is commonly referred to as a McKenzie Friend. This person can aid to go along yous calm, confident and organised throughout your advent. A McKenzie friend may, with the permission of the courtroom, be able to sit with you in court, accept notes on your behalf, and quietly offer suggestions and communication. A McKenzie friend cannot speak for you in courtroom, and has no correct to address the approximate, or the jury.

If you decide to bring a support person with you on the day of your advent, you should contact the court equally soon every bit possible. Whether or non your support person is permitted to sit down with yous in court is up to the judge.

Amicus Curiae

An amicus curiae, or "friend of the courtroom", is another type of back up person. An amicus is not a party to an action, simply a person appointed by the courtroom to assist the court. Assistance is provided by offering information and submissions about a particular area of police force, or by advancing legal arguments on behalf of an unrepresented party.

An amicus may, with the permission of the courtroom, be able to sit next to you in courtroom, and can offer assistance past providing you with communication, making submissions on your behalf and cross-examining Crown witnesses, amidst other things.

The appointment of an amicus, and the extent to which he or she may file documents and present arguments, are at the discretion of the court. The appointment of an amicus does not require the consent of the parties to the proceeding.

Wearing apparel tidily

Everyone actualization in courtroom should wear appropriate clothing. Yous should dress as smartly and tidily as you can for courtroom.

Visit the courtroom

If you would similar to familiarise yourself with the courthouse and court earlier your advent, y'all may be able to visit the courthouse earlier your advent.

New Zealand courts are open to the public and so you can visit the courthouse on any twenty-four hour period during the registry'due south opening hours. If the court isn't being used for another trial on that mean solar day, you lot may also be able to look inside the courtroom to get a feel for where your case volition be heard. Y'all should speak to reception about this on the day of your visit.

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When you go far at courtroom

Arrive early

If possible, be at least an 60 minutes early on for court.

When you make it

Check the daily listing to meet which courtroom your hearing is in. The daily list is usually clearly visible as yous walk through the primary doors of the courthouse. If you cannot come across or observe the listing, ask reception. Alternatively, daily hearing lists are available on the Courts of New Zealand website.

Daily hearing lists(external link)

On the day of your trial, if you have witnesses who support your case, ensure they also arrive early and find them when yous arrive at court. If yous know they are going to be late, contact the courtroom every bit before long as possible.

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During your hearing

Introducing yourself

At the beginning of your hearing, the Registrar will announce the Queen'southward gauge and all present will be asked to stand up as the gauge enters. When your case is called, yous should introduce yourself, after the prosecutor has done so.

Speaking in court

It is important that you speak loudly, slowly and conspicuously in court. You lot desire people to be able to easily hear and sympathize what you are saying.

Yous are not expected to know legal terms and then use simple, not-legal language as much equally possible. Information technology's also a proficient thought to keep your sentences equally brusque as possible.  If you do non sympathize a term used in court yous may ask the judge to explain the term when it is your plow to speak.

Adequate linguistic communication is expected in court at all times. It is of import not to swear or apply offensive language in court.

Y'all can speak English language or Māori in court. If you would like to speak Māori during your proceeding you have to complete a Notice of Intention to Speak Māori and file information technology with the court at least ten working days before the scheduled hearing.

Notice of Intention to Speak Māori [PDF, 233 KB]

If yous volition need an interpreter for your hearing, you must tell the courtroom as soon every bit possible and at least 10 working days before you appear in court. More data about interpreter services is provided below.

Behaviour

Timeliness is crucial to the smooth running of the court. Please arrive at court on time, and be sure to return from court breaks on time.

It is important to behave politely at all times, including to the prosecutor and prosecution witnesses.

Do not interrupt when other parties are speaking, unless (on legal grounds) you lot object to a question being asked or the way a question is asked of a witness. If you wish to object, quietly stand to indicate this objection. Note that you will have an opportunity to respond after the other party is finished speaking.

Yous should stand up whenever you are speaking, or being spoken to, in courtroom.

Only i person should be standing at a time.

All people in court are expected to show respect for court processes. This includes not eating or drinking in court. There are too limits on the apply of electronic devices in courts. Please cheque with the court taker about the apply of texting and emailing.

It is important not to:

  • insult a judicial officer, registrar, officer of the courtroom (including the prosecutor), juror or whatsoever witness;
  • interrupt proceedings of a courtroom;
  • otherwise misbehave in court; or
  • disobey any social club or direction of the court during your instance.

Any of these behaviours can be referred to as antipathy of court and there can be serious penalties for these types of actions.

Tips for interacting with judges

You will be required to stand whenever the judge enters or leaves the courtroom.

A judge of the High Court must be addressed as Your Honour, Sir (male) or Ma'am (female). Associate judges must exist called Sir (male person) or Ma'am (female).

If you lot want to refer to another guess:

  • a approximate of the Loftier Courtroom, Court of Appeal or Supreme Court is referred to as Justice [Surname]
  • a estimate of the District Court is referred to as Judge [Surname]

Anyone addressing a judge, or being spoken to by a estimate, should stand upwardly.

Don't interrupt when the judge is speaking.

Information technology is recommended that y'all write downwards any instructions given to you lot past a approximate.

Tips for interacting with the jury

Yous should stand to show respect for the members of the jury when they enter or exit the court.

Refer to the Jury equally "The Jury" or, when addressing them, as "Members of the Jury".

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Publication of your proper noun

It is possible that your proper noun may exist published by the media.

All the same, where publication of your name might lead to undue hardship for yourself, or another person, the court can grant you either interim (temporary) or permanent proper noun suppression. This prevents anybody publishing your name and whatever personal details that may place y'all, or the victim.

Y'all can make an application for name suppression by completing a Notice of Awarding. Information near name suppression is also available in the Act(external link)

Notice of Awarding [PDF, 851 KB]

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A look inside a courtroom – who else might be in that location

Open justice is a primal principle of New Zealand's legal system. As a outcome of this importance, the hearing of all criminal proceedings in all courts is mostly open to the public. This means that members of the public, including media, can attend your hearing.

An image of a typical Loftier Court courtroom and some of the people who may be at that place on the twenty-four hour period of your trial is shown below:

High Court courtroom

one. Gauge – The person in charge of the court. There are 2 kinds of criminal court trials: guess-alone and jury. In a estimate-lone trial, a judge decides if the defendant is guilty.

2. Registrar – The person who makes sure court processes are followed and helps a guess.

3. Jury – At that place are two kinds of criminal court trials: estimate-alone and jury. In a jury trial, the 12-member jury decides if the defendant is guilty.

4. Prosecutor – The lawyer or police officeholder who is trying to evidence the defendant is guilty.

5. Media – The journalists who report on the instance.

half-dozen. Defence force lawyer – The accused's lawyer.

7. Defendant – The person charged with an offence.

8. Prisoner's escort – The person who escorts the accused at court.

9. Public gallery – Seating for members of the public, including the victim'due south and defendant's families and whānau. Victims and witnesses can too sit here after they have given evidence.

10. Court victim advisor – A courtroom staff member who helps the victim empathise the court process.

11. Witness' back up person – A person who the judge has agreed can support a witness in courtroom.

12. Witness – A person who gives evidence in courtroom on what happened or what they know about the example.

Notation that as an unrepresented litigant, you lot may not necessarily sit down in the dock (as pictured) for the duration of your trial.  Y'all may be seated in the dock, at counsel's table, or a combination of both throughout your trial. For case, you volition typically stand in the dock while you plead, but will sit at counsel's table while you make submissions. The determination of where you lot sit at dissimilar stages of your trial is a decision of the courtroom, ordinarily made on a case-by-case basis.

If yous bring a support person with you lot, and the court gives you permission, they may as well sit with you. If you require an interpreter, they will also sit down near you so they can hands interpret proceedings.

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Interpreter services

Foreign languages

If you will need an interpreter for a strange language, y'all should tell the court at least 10 working days before you appear in court. If you neglect to requite enough detect, there may exist a delay or toll.

Yous and the prosecutor should provide the interpreter with all documentation relevant to your case.

The New Zealand Society of Translators and Interpreters (external link)has an online directory which provides contact details, working languages and specialities of each member and chapter member. An alternative source of interpreters is local language schools.

New Zealand Society of Translators and Interpreters(external link)

Māori

If you would like to speak Māori during criminal proceedings in the High Courtroom, you must comply with dominion 1.9 Criminal Procedure Rules 2012. Please complete a Observe of Intention to Speak Maori and file this with the court.  You must also serve a copy of this notice on all other parties in the proceeding. Yous must practise this at least ten working days before the proceeding. If yous don't give enough detect, in that location may be a delay or cost.

Rule i.9 Criminal Procedure Rules 2012(external link)

Notice of Intention to Speak Maori [PDF, 233 KB]

You and the prosecutor should provide the interpreter with all documentation relevant to your case.

The New Zealand Order of Translators and Interpreters directory includes some speakers of Maori. An alternative source is the national translators register of Te Taura Whiri i te Reo Maori, the Maori Linguistic communication Commission.

  • New Zealand Society of Translators and Interpreters(external link)
  • National translators register(external link)

Sign language

If you need the services of a New Zealand Sign Linguistic communication interpreter you must comply with rule i.9 Criminal Process Rules 2012. You must tell the court and other parties to the proceedings that you will need sign language services at to the lowest degree 10 working days before the proceedings. You can exercise this by completing a Request for an Interpreter form. If you don't give enough notice, in that location may be a filibuster or cost.

Dominion one.9 Criminal Procedure Rules 2012(external link)

Request for an Interpreter form [PDF, 161 KB]

You lot and the prosecutor should provide the interpreter with all documentation relevant to your case.

A list of appropriately qualified and experienced New Zealand Sign Language interpreters can be institute on the Office of Disability Issues website.

Office of Disability Problems(external link)

Complaints about interpreters

Interpreters are sourced and appointed past the court. If, during your advent, you are unhappy with the court-appointed interpreter, you should enhance this with your lawyer (or estimate if self-represented) as presently as practicable.

If y'all would like to make a complaint afterward the hearing, y'all can follow our complaint process.

Make a complaint near an interpreter

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Video conferences

Video conferencing allows people to participate remotely in courtroom proceedings.

Video conferencing is bachelor to be used in a wide range of court proceedings, past a range of participants in the courtroom process. Examples of situations where video conferencing may be used in the Loftier Court include:

  • by a witness giving evidence;
  • past a participant to appear earlier the court; or
  • by an interpreter to provide interpreter services.

Proceedings conducted by video conference generally utilise normal courtroom protocols and procedures.

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