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Law Dictionary
Plain-language explanations of common legal terms
This page provides plain-language explanations of commonly used legal terms and concepts encountered in civil litigation, dispute resolution, and court processes in New Zealand.
Many of the definitions are introductory in nature and are intended to assist readers who are unfamiliar with legal language. They are not exhaustive and do not replace legal advice.
Important note
Much of the content on this page was originally published as part of the CourtKeys public legal education project in 2015. While the definitions remain useful for understanding legal concepts, some terminology or usage may have evolved.
Adjournment
A postponement of a court hearing or other legal proceeding to a later date.
Affidavit
A written statement of evidence sworn or affirmed to be true, usually signed before a lawyer, court registrar, or justice of the peace.
Appeal
A challenge to a decision made by a lower court or authority, brought before a higher court.
Appellant
A person who brings an appeal.
Applicant
A person who makes an application to a court or tribunal.
Balance of probabilities
The standard of proof in civil cases. A fact is proved by evidence showing it is more likely than not to be true.
Bankrupt
A natural person who has been formally declared insolvent after failing to pay debts.
Bankruptcy
An insolvency process in which the Official Assignee takes control of a bankrupt person’s property to repay creditors.
Burden of proof
The obligation to prove a fact or case. In civil proceedings, this usually rests on the plaintiff or applicant.
Cause of action
The legal basis for a claim. A set of assertions that, if accepted as true and correct, may result in a legal remedy.
Civil proceeding
A court or tribunal case that does not involve criminal prosecution, such as a claim for damages brought by one person against another.
Costs
Legal expenses associated with a proceeding, including lawyers’ fees and court fees. Courts may order one party to pay some or all of another party’s costs.
Court of Appeal
A court that hears appeals from the High Court and certain other courts.
Defendant
A person against whom a court case is brought.
Determination
A decision made by a tribunal or authority.
Discovery
The process by which parties identify and disclose documents relevant to a proceeding.
Disputes Tribunal
A tribunal that hears small civil disputes, usually involving claims up to a set monetary limit.
District Court
A court with jurisdiction to hear a wide range of civil and criminal matters, subject to statutory limits.
Evidence
Information used to prove or disprove facts in a case. This may include witness testimony, documents, or expert opinions.
Employment Court
A court that hears employment law matters and appeals from the Employment Relations Authority.
Employment Relations Authority
A specialist body that investigates and determines employment disputes.
File
To formally lodge a document with a court or tribunal.
Fixture
A scheduled court event, such as a hearing, conference, or trial.
Gazette
An official government publication recording matters such as regulations, orders, and public notices.
Hearing
A court or tribunal session at which issues are argued or evidence is heard.
High Court
A superior court of general jurisdiction in New Zealand.
Injunction
A court order requiring a person to do something or refrain from doing something.
Inspection
The process of reviewing documents disclosed during discovery.
Judge-alone trial
A trial decided by a judge without a jury.
Jurisdiction
The authority of a court or tribunal to hear and decide a case.
Leave
Permission granted by a court to take a particular step, such as filing an appeal.
Litigation
The process of resolving disputes through the courts.
Liquidation
An insolvency process in which a company’s assets are realised to repay creditors.
Mediation
A dispute resolution process in which a neutral mediator assists parties to reach an agreed outcome.
Merits
The strengths and weaknesses of a case based on law and evidence.
Motor Vehicle Disputes Tribunal
A tribunal that hears disputes involving motor vehicles.
Natural justice
Principles of procedural fairness, including the right to be heard and the right to an unbiased decision-maker.
Natural person
A human being, as distinct from a company or other legal entity.
Negligence
A failure to exercise reasonable care, resulting in foreseeable loss or damage.
Oath / Affirmation
A formal promise to tell the truth when giving evidence.
Obiter dictum
A judicial remark made in passing that is not essential to the decision.
Open court
A court proceeding that members of the public may attend.
Party
A person or entity directly involved in a legal proceeding.
Plaintiff
A person who begins a civil court case.
Pleading
A formal written statement setting out a party’s case, such as a statement of claim or defence.
Privilege
A legal protection preventing certain communications from being disclosed, such as lawyer–client communications.
Proceeding
A court or tribunal case.
Ratio decidendi
The legal principle or reasoning that forms the basis of a court’s decision.
Respondent
A person who responds to an application or appeal.
Settlement
An agreement resolving a dispute without a final court determination.
Statement of claim
A document used to commence a civil proceeding, setting out the plaintiff’s case.
Submissions
Written or oral arguments presented to a court.
Supreme Court
New Zealand’s highest court and final court of appeal.
Tenancy Tribunal
A tribunal that resolves disputes relating to residential tenancies.
Trial
A hearing at which evidence is presented and a decision is made on disputed facts.
Undertaking
A formal promise, often given to a court, that something will or will not be done.
Unliquidated damages
Losses that cannot be precisely calculated in advance.
Vexatious proceeding
A case brought without proper grounds, often to harass or burden another party.
Without prejudice
A label applied to communications made in an attempt to settle a dispute, preventing them from being used as evidence in court.
Witness
A person who gives evidence in a proceeding.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.