Appearing in court - what you need to know

On this page:

  • Before courtroom
  • When y'all go far at courtroom
  • During your hearing
  • Publication of your proper noun
  • A look inside a courtroom – who else might be there
  • Interpreter services
  • Video conferences

If you choose to stand for yourself, information technology helps to have a skilful agreement of the constabulary and courtroom practices. Information technology is important to bide by the rules of the court and carry out whatsoever directions given past the Court. If you lot are unclear of anything, it is important to tell the court and inquire for help as soon every bit possible.

This section provides information on representing yourself in the High Court on the day of your courtroom appearance(s).

Before court

What to bring with you on the day

When representing yourself in courtroom, it is important to accept everything you may wish to speak to on the 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 mean solar day of your trial you should take your bundle of documents, which includes your witness statements, any written submissions you have prepared, and whatsoever letters or emails from the court;
  • a pen and some paper to continue rail of what is being said throughout the trial; and
  • highlighter pens or mail service-it notes to go along track of documents that are existence discussed, and to mark important points made.

Note: you may wish to consider packing everything in a small suitcase before your appearance so you can more easily ship information technology to and from the court – lawyers sometimes practise this.

Arranging to bring a back up person to court

McKenzie Friend

You may wish to consider bringing a support person with you to courtroom on the 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 keep you calm, confident and organised throughout your advent. A McKenzie friend may, with the permission of the court, be able to sit down with you in courtroom, take notes on your behalf, and quietly offering suggestions and advice. A McKenzie friend cannot speak for you in courtroom, and has no right to accost the judge, or the jury.

If you make up one's mind to bring a support person with you on the twenty-four hours of your appearance, you should contact the court as presently equally possible. Whether or not your support person is permitted to sit with you in court is upwards to the judge.

Amicus Curiae

An amicus curiae, or "friend of the courtroom", is another type of support person. An amicus is not a party to an action, merely a person appointed by the courtroom to assist the court. Assistance is provided past offering information and submissions most a particular area of law, or by advancing legal arguments on behalf of an unrepresented party.

An amicus may, with the permission of the court, be able to sit next to y'all in courtroom, and can offer assistance by providing you with advice, making submissions on your behalf and cross-examining Crown witnesses, among 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 courtroom. The appointment of an amicus does not require the consent of the parties to the proceeding.

Clothes tidily

Anybody appearing in courtroom should article of clothing appropriate wearable. You lot should dress as smartly and tidily as you can for court.

Visit the court

If you would similar to familiarise yourself with the courthouse and courtroom before your appearance, y'all may be able to visit the courthouse before your appearance.

New Zealand courts are open to the public so y'all can visit the courthouse on whatever day during the registry's opening hours. If the court isn't being used for some other trial on that day, you may also be able to look inside the courtroom to get a feel for where your case volition exist heard. You should speak to reception well-nigh this on the mean solar day of your visit.

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When you arrive at court

Get in early

If possible, be at to the lowest degree an hour early for courtroom.

When you arrive

Check the daily listing to encounter which court your hearing is in. The daily listing is usually clearly visible as you lot walk through the main doors of the courthouse. If you cannot see or find the list, enquire 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 back up your case, ensure they likewise make it early on and discover them when you lot get in at court. If y'all know they are going to be tardily, contact the court as soon equally possible.

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During your hearing

Introducing yourself

At the first of your hearing, the Registrar will denote the Queen's judge and all present will be asked to stand up as the estimate enters. When your case is called, you should introduce yourself, after the prosecutor has done so.

Speaking in court

It is important that you speak loudly, slowly and clearly in courtroom. You want people to be able to easily hear and empathize what you are saying.

You are non expected to know legal terms so use unproblematic, non-legal linguistic communication as much as possible. It's also a good idea to keep your sentences as short as possible.  If you practice not understand a term used in court you may ask the estimate to explain the term when information technology is your turn to speak.

Acceptable language is expected in court at all times. It is important not to swear or use offensive linguistic communication 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 Find of Intention to Speak Māori and file it with the court at least 10 working days earlier the scheduled hearing.

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

If you lot will need an interpreter for your hearing, you must tell the courtroom every bit shortly as possible and at least 10 working days before you appear in court. More information near interpreter services is provided below.

Behaviour

Timeliness is crucial to the smooth running of the courtroom. Delight go far at court on time, and be sure to return from court breaks on time.

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

Do non 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 y'all wish to object, quietly stand to indicate this objection. Note that you will have an opportunity to respond later on the other party is finished speaking.

You should stand up whenever you are speaking, or beingness spoken to, in court.

Only one person should exist standing at a time.

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

Information technology is of import not to:

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

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

Tips for interacting with judges

Y'all will be required to stand up whenever the judge enters or leaves the courtroom.

A judge of the High Court must be addressed equally Your Award, Sir (male person) or Ma'am (female).

If you want to refer to another guess:

  • a judge of the High Court, Courtroom of Entreatment or Supreme Courtroom is referred to equally Justice [Surname]
  • a estimate of the District Court is referred to equally Judge [Surname]

Anyone addressing a approximate, or existence spoken to past a approximate, should stand upwardly.

Don't interrupt when the judge is speaking.

It is recommended that you lot write downwardly any instructions given to yous by a judge.

Tips for interacting with the jury

You should stand up to bear witness respect for the members of the jury when they enter or get out the courtroom.

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

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Publication of your name

It is possible that your name may be published past the media.

Still, 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 name suppression. This prevents anybody publishing your proper name and any personal details that may place you, or the victim.

You can brand an application for proper noun suppression by completing a Notice of Application. Information about name suppression is also bachelor in the Act(external link)

Notice of Awarding [PDF, 851 KB]

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A look inside a court – who else might exist there

Open justice is a key principle of New Zealand'south 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, can attend your hearing.

An image of a typical High Court court and some of the people who may be at that place on the day of your trial is shown below:

High Court courtroom

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

ii. Registrar – The person who makes certain court processes are followed and helps a judge.

3. Jury – At that place are two kinds of criminal court trials: judge-alone 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 prove the defendant is guilty.

v. Media – The journalists who study on the case.

6. Defence force lawyer – The defendant'south lawyer.

7. Accused – The person charged with an offence.

eight. Prisoner'due south escort – The person who escorts the accused at court.

9. Public gallery – Seating for members of the public, including the victim's and defendant'southward families and whānau. Victims and witnesses tin can also sit hither later they accept given evidence.

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

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

12. Witness – A person who gives bear witness in court on what happened or what they know about the example.

Note that as an unrepresented litigant, yous may not necessarily sit down in the dock (equally pictured) for the duration of your trial.  You may be seated in the dock, at counsel's table, or a combination of both throughout your trial. For case, you will typically stand in the dock while you plead, simply will sit at counsel's table while you make submissions. The decision of where you sit at unlike stages of your trial is a decision of the court, usually made on a case-by-case basis.

If you lot bring a support person with you, and the court gives yous permission, they may likewise sit with you. If you require an interpreter, they will as well sit most you lot so they can hands 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 x working days before you appear in court. If you fail to give enough notice, there may be a delay or cost.

You lot 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 linguistic communication 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 rule ane.9 Criminal Procedure Rules 2012. Delight complete a Notice of Intention to Speak Maori and file this with the courtroom.  You lot must also serve a copy of this notice on all other parties in the proceeding. Y'all must do this at least x working days before the proceeding. If you lot don't give enough find, there may be a filibuster or cost.

Rule one.9 Criminal Process 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 Guild 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 Committee.

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

Sign linguistic communication

If you need the services of a New Zealand Sign Language interpreter you must comply with rule 1.nine Criminal Procedure Rules 2012. You must tell the courtroom and other parties to the proceedings that y'all will need sign language services at least 10 working days earlier the proceedings. You can practise this past completing a Request for an Interpreter course. If you lot don't requite plenty observe, there may be a delay or price.

Rule 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 instance.

A list of appropriately qualified and experienced New Zealand Sign Language interpreters tin be found on the Role of Disability Bug website.

Office of Disability Issues(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 lot should heighten this with your lawyer (or judge if self-represented) as soon as practicable.

If y'all would like to make a complaint afterwards the hearing, yous can follow our complaint procedure.

Make a complaint about an interpreter

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Video conferences

Video conferencing allows people to participate remotely in court proceedings.

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

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

Proceedings conducted past video conference by and large use normal courtroom protocols and procedures.

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