Glossary of Terms
Legislation and Resources - Glossary of Terms
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This glossary sets out some words and expressions used in the course of preparing for and hearing cases in the Court. Some may be unfamiliar to people who have not been involved in Court proceedings before. It should be noted that s2 of the Resource Management Act also contains many definitions of words and phrases used in that Act.
Act (Statute, or Legislation)
An Act contains laws that govern our country. Laws are made by Parliament. Any reference to an Act also includes all the rules and regulations made under that Act.
Address for service
This is a nominated street address where documents relating to a court proceeding can be delivered and served on someone who is involved in the proceeding.
Adjourn/Adjournment
Postponing a Court hearing until a later day or time.
Affidavit
A written statement made on oath or affirmation and sworn (or affirmed) before someone who has authority to administer oaths and affirmations e.g. a registrar of a Court, a lawyer or a Justice of the Peace (JP).
Affirmation
A promise that something is right or true made by someone without any religious beliefs. An affirmation has the same status as an oath.
Appeal
A formal request to a higher Court to reconsider the decision of a Council or other decision-making body.
Appellant
A person who makes an appeal.
A person in the Environment Court who is responsible for managing individual cases.
Certified copy
A copy of a document signed and certified as true by someone who has the legal authority to do so.
Closed court
A Court Hearing closed to the general public with only certain people are allowed to attend. Such hearings are very rare in the Environment Court.
Consent order
A Court Order that is made with the agreement of all parties.
Counsel
A lawyer who represents one of the parties in the proceedings.
Cross-examination
The questioning by one party of a witness who has given evidence for another party. This is usually done to challenge the accuracy of that evidence.
Information provided by a witness, (who may or may not also be a party) to establish facts or express an opinion. Only witnesses who have formal qualifications and/or proper experience may give opinion evidence, and then only about their fields of expertise.
Expert evidence
Evidence given by a skilled witness on matters relating to their profession e.g. a planner or an engineer.
The time set down for a hearing before the Court.
The consideration of an appeal or other form of proceeding by the Court.
An application to the Court to make an order or direction about a matter of procedure, or for a temporary order.
Interim Order
An Order that lasts for a limited period or until a further or final Order is made.
A hearing before a Judge to discuss issues, usually procedural, and what needs to be done to bring the case to hearing or some other form of resolution.
Jurisdiction
The authority that the Court has to deal with matters brought before it.
Mediation is a process of assisted negotiations to discuss a dispute and work toward a solution that is acceptable to all parties rather than have the Court impose an outcome on the parties.
A person who is an appellant, a respondent, an applicant for a consent, or who has become a party under s274 of the Act.
Practice Notes
Guidelines issued by the Principal Environment Judge that set out procedures and timeframes to be followed in proceedings before the Court.
See Rule.
Respondent
The party whose decision is being appealed - usually a Council.
Rule
A procedural law relating to the way cases are considered by the Court.
Self-represented litigant (litigant in person)
A party who is not represented by a lawyer, or another agent.
Service (of documents)
The formal delivery of a copy of a document lodged in the Court to a person who will be affected by it.
There are rules about service of documents (for example, service may have to be personal, rather than by post or fax).
Settlement
Reaching agreement on a dispute without having a hearing, or before a hearing has been concluded.
Statute
See Act.
Submissions
Arguments that are presented to the Court, either in person or in writing.
Offers made, or positions taken, during mediation or negotiation which are not binding if the parties do not reach an agreement. These offers or positions may not be taken into account if no settlement is reached and the matter goes to a hearing.
