Appearing in court - what you need to know

On this page:

  • Before court
  • When y'all arrive at court
  • During your hearing
  • Publication of your name
  • A look inside a courtroom – who else might be there
  • Interpreter services
  • Video conferences

If y'all choose to represent yourself, it helps to have a good agreement of the law and courtroom practices. Information technology is important to abide by the rules of the court and carry out whatsoever directions given past the Courtroom. If yous are unclear of anything, information technology is of import to tell the court and ask for help as soon equally possible.

This department provides information on representing yourself in the High Courtroom on the day of your court appearance(due south).

Earlier court

What to bring with you on the solar day

When representing yourself in court, it is important to take everything you may wish to speak to on the day of your appearance, and something to have notes with on the day. For case, you lot should take:

  • whatsoever relevant documents. For case, on the mean solar day of your trial y'all should take your parcel of documents, which includes your witness statements, any written submissions you lot have prepared, and any letters or emails from the court;
  • a pen and some newspaper to go along track of what is being said throughout the trial; and
  • highlighter pens or post-information technology notes to keep rails of documents that are being discussed, and to mark important points fabricated.

Notation: you lot may wish to consider packing everything in a small suitcase before your appearance so you can more easily send it to and from the court – lawyers sometimes do this.

Arranging to bring a support person to court

McKenzie Friend

You may wish to consider bringing a support person with y'all to court on the 24-hour interval of your appearance, for example a friend or relative.

A support person in court is usually referred to as a McKenzie Friend. This person can aid to proceed you calm, confident and organised throughout your advent. A McKenzie friend may, with the permission of the court, be able to sit down with yous in court, take notes on your behalf, and quietly offer suggestions and advice. A McKenzie friend cannot speak for you in court, and has no right to accost the judge, or the jury.

If y'all decide to bring a support person with yous on the 24-hour interval of your advent, you should contact the court every bit before long as possible. Whether or not your support person is permitted to sit with you in court is upwardly to the guess.

Amicus Curiae

An amicus curiae, or "friend of the court", is another blazon of back up person. An amicus is not a political party to an action, merely a person appointed by the court to assist the court. Aid is provided past offering information and submissions about a particular area of law, or by advancing legal arguments on behalf of an unrepresented party.

An amicus may, with the permission of the courtroom, be able to sit side by side to you lot in court, and can offer assistance by providing you with advice, making submissions on your behalf and cantankerous-examining Crown witnesses, among other things.

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

Dress tidily

Everyone appearing in court should wear appropriate clothing. Y'all should clothes every bit smartly and tidily as you lot tin for court.

Visit the court

If you would like to familiarise yourself with the courthouse and court before your appearance, you may be able to visit the courthouse before your appearance.

New Zealand courts are open to the public and then you can visit the courthouse on any mean solar day during the registry's opening hours. If the courtroom isn't being used for some other trial on that solar day, y'all may also be able to expect inside the courtroom to get a feel for where your example will be heard. You should speak to reception most this on the day of your visit.

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When you arrive at court

Get in early

If possible, exist at to the lowest degree an hour early for court.

When you arrive

Check the daily list to run into which court your hearing is in. The daily listing is usually conspicuously visible as you walk through the main doors of the courthouse. If you cannot see or find the list, 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 yous have witnesses who support your example, ensure they as well arrive early and detect them when you arrive at court. If yous know they are going to be belatedly, contact the court as soon as possible.

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During your hearing

Introducing yourself

At the beginning of your hearing, the Registrar will denote the Queen'south judge and all present will be asked to stand as the judge enters. When your case is called, y'all should innovate yourself, afterward the prosecutor has done so.

Speaking in court

It is important that you speak loudly, slowly and clearly in courtroom. Yous want people to exist able to easily hear and sympathise what you are saying.

You are not expected to know legal terms so use unproblematic, non-legal linguistic communication every bit much as possible. It's besides a good thought to keep your sentences as curt as possible.  If you practice non understand a term used in court you may enquire the judge to explain the term when it is your plough to speak.

Acceptable linguistic communication is expected in court at all times. It is important non to swear or use offensive language in court.

Yous can speak English language or Māori in courtroom. If yous would like to speak Māori during your proceeding you lot have to consummate a Observe of Intention to Speak Māori and file it with the court at least 10 working days earlier the scheduled hearing.

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

If you volition need an interpreter for your hearing, y'all must tell the courtroom equally soon as possible and at least 10 working days earlier y'all announced in courtroom. More data nigh interpreter services is provided beneath.

Behaviour

Timeliness is crucial to the smooth running of the court. Delight make it at court on fourth dimension, and be sure to render from court breaks on time.

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

Exercise not interrupt when other parties are speaking, unless (on legal grounds) you object to a question beingness 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 volition accept an opportunity to respond later the other party is finished speaking.

Y'all should stand whenever you are speaking, or being spoken to, in court.

Just 1 person should be standing at a time.

All people in court are expected to bear witness respect for courtroom processes. This includes non eating or drinking in courtroom. There are also limits on the use of electronic devices in courts. Delight check with the courtroom taker about the use of texting and emailing.

It is important not to:

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

Any of these behaviours can be referred to as contempt of court and at that place can be serious penalties for these types of actions.

Tips for interacting with judges

Y'all volition exist required to stand whenever the judge enters or leaves the court.

A judge of the High Courtroom must exist addressed as Your Honour, Sir (male person) or Ma'am (female).

If y'all want to refer to another judge:

  • a judge of the Loftier Court, Courtroom of Entreatment or Supreme Court is referred to as Justice [Surname]
  • a judge of the District Courtroom is referred to as Estimate [Surname]

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

Don't interrupt when the judge is speaking.

It is recommended that you write downwardly any instructions given to you by a estimate.

Tips for interacting with the jury

Y'all should stand to show respect for the members of the jury when they enter or leave the court.

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

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Publication of your name

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

All the same, where publication of your name might lead to undue hardship for yourself, or another person, the courtroom tin grant you either interim (temporary) or permanent name suppression. This prevents everyone publishing your name and any personal details that may place you, or the victim.

You tin can brand an application for name suppression by completing a Notice of Application. Information virtually name suppression is also available in the Act(external link)

Notice of Application [PDF, 851 KB]

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A look inside a courtroom – who else might be there

Open justice is a central principle of New Zealand's legal system. As a result 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, tin attend your hearing.

An image of a typical Loftier Courtroom courtroom and some of the people who may exist there on the solar day of your trial is shown below:

High Court courtroom

i. Estimate – The person in charge of the court. There are two kinds of criminal courtroom trials: judge-solitary and jury. In a estimate-alone trial, a judge decides if the accused is guilty.

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

iii. Jury – There are two kinds of criminal court trials: estimate-lone and jury. In a jury trial, the 12-member jury decides if the defendant is guilty.

4. Prosecutor – The lawyer or police officer who is trying to bear witness the defendant is guilty.

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

half-dozen. Defence lawyer – The defendant's lawyer.

7. Accused – The person charged with an offence.

viii. Prisoner's escort – The person who escorts the defendant at court.

ix. Public gallery – Seating for members of the public, including the victim's and defendant'south families and whānau. Victims and witnesses tin can also sit here afterwards they have given evidence.

10. Court victim counselor – A courtroom staff fellow member who helps the victim understand the court process.

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

12. Witness – A person who gives evidence in court on what happened or what they know nigh the instance.

Note that as an unrepresented litigant, you may not necessarily sit in the dock (as pictured) for the elapsing of your trial.  You may exist seated in the dock, at counsel'south table, or a combination of both throughout your trial. For example, you volition typically stand in the dock while you plead, but will sit at counsel's table while you make submissions. The conclusion of where y'all sit at different stages of your trial is a decision of the court, normally made on a case-past-example footing.

If you lot bring a support person with you, and the court gives you permission, they may also sit with you. If you require an interpreter, they will besides sit about you and then they can easily translate proceedings.

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Interpreter services

Strange languages

If you will need an interpreter for a foreign language, you should tell the court at least ten working days before you appear in court. If you fail to requite enough find, there may exist a delay or toll.

You 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 fellow member and affiliate member. An alternative source of interpreters is local language schools.

New Zealand Club of Translators and Interpreters(external link)

Māori

If you lot would like to speak Māori during criminal proceedings in the High Court, you must comply with dominion one.9 Criminal Procedure Rules 2012. Delight consummate a Notice of Intention to Speak Maori and file this with the court.  You lot must too serve a copy of this detect on all other parties in the proceeding. You lot must do this at least 10 working days before the proceeding. If yous don't give plenty discover, there may exist a delay or toll.

Rule 1.nine 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 example.

The New Zealand Society 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 Social club of Translators and Interpreters(external link)
  • National translators annals(external link)

Sign language

If you need the services of a New Zealand Sign Linguistic communication interpreter you lot must comply with rule i.9 Criminal Process Rules 2012. Y'all must tell the court and other parties to the proceedings that you will need sign language services at least ten working days earlier the proceedings. You can do this by completing a Request for an Interpreter course. If you don't requite enough notice, at that place may be a delay or cost.

Dominion 1.9 Criminal Procedure Rules 2012(external link)

Request for an Interpreter form [PDF, 161 KB]

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

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

Office of Inability Problems(external link)

Complaints about interpreters

Interpreters are sourced and appointed by the court. If, during your appearance, you are unhappy with the court-appointed interpreter, you should raise this with your lawyer (or approximate if self-represented) as before long as practicable.

If you would like to make a complaint after the hearing, you tin can follow our complaint process.

Brand a complaint about an interpreter

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Video conferences

Video conferencing allows people to participate remotely in courtroom proceedings.

Video conferencing is available to be used in a broad range of court proceedings, by a range of participants in the court process. Examples of situations where video conferencing may exist used in the High Court include:

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

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

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