27844v2a Learners Guide

US 27844 v2a
Learner’s Guide
LEGAL STUDIES
Unit Standard 27844

Version 2 | Level 1 | Credit 4
Demonstrate understanding
of litigation and dispute
resolution processes in New
Zealand
Licensed to:
Western Heights High School
2018 - 2a © ATC New Zealand
www.instant.org.nz
i
US27844v2a Learner's Guide Licensed to Western Heights High School

Demonstrate understanding of litigation and dispute 25092018-US27844-136997 INSTANT Education Solutions
resolution processes in New Zealand 2a © ATC New Zealand www.instant.org.nz
ii
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will learn about dispute resolution processes in New Zealand. You will look
at these processes in relation to both criminal cases and civil cases. You will learn about the
different kinds of courts and tribunals in New Zealand.
There is a lot of information to cover in this guide, so it is important that you read all the
information and complete each task carefully. If you have any trouble understanding the
information in this guide, ask your tutor to help you.
A good way to develop your knowledge of the New Zealand court system is to read newspapers
or watch television news broadcasts. Find out the courts that are being referred to and see if you
can understand the processes that are being talked about. If you find any information of interest,
you may want to bring this to class to discuss with your tutor and fellow learners.
Throughout this guide you will see key terms highlighted. You should know the meaning of
all highlighted words before you sit the assessment. You can find definitions for these words
throughout the text, or in the glossary at the back of the guide.
Licensed to Western Heights High School US27844v2a Learner's Guide

25092018-US27844-136997 INSTANT Education Solutions Demonstrate understanding of litigation and dispute
2a © ATC New Zealand www.instant.org.nz resolution processes in New Zealand
iii
Additional
Resources
Textbooks
• Lawrence, Martin (2004), Legal Studies: A First Book on New Zealand Law, (7th ed),
Palmerston North: Dunmore Press;
• McDowell and Webb (2010), The New Zealand Legal System Structures and Processes, (4th
ed), Wellington: LexisNexis;
• Mulholland, Raymond, D. (2001), Introduction to the New Zealand Legal System, (10th ed)
Wellington: Butterworths
• Spiller, P (2011), Butterworths New Zealand Law Dictionary, (7th ed), Wellington: LexisNexis.
Websites
• The Ministry of Justice: http://www.justice.govt.nz/
• Courts of New Zealand: http://www.courtsofnz.govt.nz/
• New Zealand Courts – Te Ara, The Encyclopaedia of New Zealand:
https://teara.govt.nz/en/diagram-interactive/37000/new-zealand-courts

1
Contents
The Courts 2
Role and relevance of courts to society 4
Three branches of government 6
Statute and case law 7
Structure of the New Zealand court system 9
District Court 10
High Court 12
Court of Appeal 14
Supreme Court 16
Specialist Judicial Bodies 19

Family Court 20
Youth Court 21
The Employment Court 22
Disputes Tribunal 24
Waitangi Tribunal 25
Tenancy Tribunal 26
Human Rights Review Tribunal 28
Participants in the Court System 30

Judges 31
The witnesses 32
The lawyers 33
Prosecutor and Plaintiff 34
Defendant 35
The jury 36
Police 37
Probation officer 37
Registrars 37
Differences between criminal law and civil law 39

The jury 40
Burden of proof 42
Standard of proof 42
Outcomes and consequences 43
Glossary 52

2
LESSON 1:
The Courts
Learning Objectives
On completion of this lesson, learners will have an understanding of: A space has been left
on the right of every
the role and relevance of the courts to society
page for you to make
the three branches of government notes about what
statute and case law you are learning.
the structure of the New Zealand court system

the District Court
the High Court
the Court of Appeal
the Supreme Court
In this guide, you will learn about courts and tribunals in New
Zealand and how they are used to resolve criminal and civil issues.
In this lesson, you will learn about the New Zealand court system. In
particular, you will learn about the court’s role in society and how it
is used to come to decisions about breaches of New Zealand law.
You will also learn about the specific courts that are used in New
Zealand and the hierarchy of these courts.

3
LESSON 1: The Courts
What do you know about the court system in New

Try it for Zealand? Answer the following questions:
Yourself • Why do the courts exist?
• How often are they used?
• Why would someone go to court?
• What types of courts are there in New Zealand?

4
Role and relevance of

courts to society
Why do the courts exist?

Courts exist in New Zealand to resolve disputes (disagreements)
between individuals (a civil case) and to deal with crime. This is
achieved by following a set process. Evidence or information is
collected by both parties involved in the case, it is then assessed
against the law, and finally a decision is made.
How often are the courts used?

The courts conduct more than 2,000 criminal trials a year and hear
more than 1,000 civil cases between individuals, or between the
government and individuals. The disputes resolved by the courts
touch virtually all aspects of life in New Zealand.
What are the functions of the court?

Courts have a wide variety of functions. They include:
• enforcing criminal law
• resolving civil disputes amongst citizens
• upholding the rights of the individual
• making sure that government agencies stay within the law
• explaining the law.
Courts exist to make sure that both the citizens and the State get
justice in dispute resolution. Justice is defined as:
• fair dispute resolution
• balancing the rights and obligations (responsibilities) of the
State and individuals, and between individuals
• This is done according to legislation, common law, and
existing social standards.
For a society to be stable, citizens need to be confident that:
• the laws which govern them reflect socially accepted values
and standards
• if there is a dispute:
o the courts will interpret those laws impartially
o resolution will be achieved within a reasonable time
frame.

5
Citizens need to have confidence that there is justice for them in

society. In particular, they need to be confident that the:
• court is an effective (including timely) way in which
someone’s rights will be protected
• rights of the State will be protected AND
• obligations of the State will be enforced.
Have you or your friends ever had any experience with

What do the courts in New Zealand? What was it about?
You Think? Note: You do not have to answer this question if you
feel uncomfortable doing so.

6
Three branches of government
To fully understand the court system, we need to learn about who

makes the laws that govern New Zealand.
There are three branches of government that deal with laws and
each one has a different purpose. Look at the table below.
Legislature Executive Judiciary

What? Makes law. Organises and Applies law.
administers law.
Who? Parliament – Cabinet – Judges, Judicial
MPs, Select Ministers, Officers.
Committees. Government
Departments, etc.
How? Examine and Decide policy; Hear and decide
debate Bills. draft Bills; cases by applying
The Bills enforce and the relevant facts;
become law administer Acts. judicial review
when they are of administrative
passed. decisions.
The laws that are made and changed by the Legislature form the
basis of the New Zealand court system.
Answer the following questions:

Try it for
Yourself 1. Which branch of government is responsible for
making laws?
2. Who is part of this branch of government?
3. Which branch of government is responsible for administering the law?
Continued on next page...

7
5. Which branch of government is responsible for applying the law?
Statute and case law
The courts decide on individual criminal and civil cases by applying

the law to them. Law comes from two main sources: statute law and
case law.
Statute Law
Statute law is made by the legislature (Parliament). Parliament
regularly meets to debate new laws or changes to existing laws.
Parliament is always very careful to follow proper procedures when
making law. All Members of Parliament are given the opportunity to give
their opinion on proposed legal changes. Also, members of the public
are able to have their say through the Select Committee process.
It is important to note that the Judiciary (judges) must follow the
laws that are made by Parliament.
For example, if Parliament makes a law that all people over 65 must
not drive cars, judges must apply this law to all relevant cases,
regardless of whether they agree with it or not.
Case law
Statute law does not cover all the possible issues that come before
a court. It is therefore a judge’s role to interpret statute law as they
deal with cases. Judge’s interpretations of the law become ‘case
law’ (or Common Law).
All judges in lower courts are required to follow the interpretations
of judges in higher courts. Judges in higher courts however, do not
have to follow the decisions of judges in lower courts.

8
Case law is important because it ensures that the law is consistent.

It is important to note that legislation always overrides case law.
If Parliament is not happy with the way that the Judiciary has
developed case law on a certain point, they can change the law
through the statute making process.
Types of offences
There are many different types of offences that courts deal with.
These include:
INDICTABLE OFFENCES - serious offences that are set out in the

Crimes Act 1961. These require a preliminary hearing before the trial.
The trial is usually before a jury.
PURELY SUMMARY OFFENCES - minor offences that are tried by

a judge or justice of the peace. They are usually heard in the District
Court. No preliminary hearing is involved.
ELECTABLE OFFENCES - an offence where the defendant may

choose to be tried only by a judge, or by a judge and jury.
Think of three statutes that you know about. Write the full
What do name of the statutes in the space. If you do not know the
You Think? full name, research it at www.legislation.govt.nz

9
Structure of the New Zealand

court system
New Zealand’s general courts are structured in a hierarchy. This

means that there are different levels of authority. The decision of
courts higher up the hierarchy overrides the decisions of the lower
courts. At the top is the Supreme Court, below it the Court of
Appeal, then the High Court, and then the District Courts. These are
‘courts of general jurisdiction’, which means they deal with a range
of different cases covering many different topics. They are the main
courts in our judicial system.
The diagram below gives an overview of our court system in New
Zealand. The lines show if and where an appeal can be made.
An appeal means you can take your case to another court and
challenge the decision that has been made.
Supreme Court
Court of Appeal
Māori
High Court Appellate
Court
Employment Environment District Court Māori Land Courts Martial

Court Court Civil Criminal Youth Family Court Appeal Court
Tribunals and Authorities

No Appeal to Appeal to
Appeal District Court High Court
Each court has its own jurisdiction. Jurisdiction refers to the power
of the court (or other organisation) to make legal decisions or
judgements. We will now look at the jurisdictions of each of the
following main courts:
• District Court • Court of Appeal
• High Court • Supreme Court
In the next lesson, we will also look at the jurisdiction of the Family
Court, Youth Court, Employment Court, and a number of Tribunals.

10
District Court
LOCATED:
SUPREME COURT
COURT OF APPEAL
HIGH COURT
DISTRICT COURTS
Civil Criminal Youth Family
DEALS WITH:
MOST CRIMINAL OFFENCES CIVIL CLAIMS < $350,000
examples: examples:
ROBBERY CAR ALCOHOL BANKRUPTCY CONTRACT MARRIAGE

ACCIDENT RELATED DISPUTE DISSOLUTION
My friend’s older brother got convicted for driving

under the influence of alcohol. He had to attend
the District Court and was found guilty (under the
Land Transport Act 1998) of driving with excess
breath/blood alcohol. He was disqualified from
driving for six months.

11
Try it for Answer the following questions about the District Court.
Yourself 1. What kinds of issues does the District Court deal with?
2. What is the highest monetary claim that someone can make for a civil case in the
District Court?
3. What are the four divisions of the District Court?

12
High Court
LOCATED:
SUPREME COURT
COURT OF APPEAL
HIGH COURT
DISTRICT COURTS
Permanent Courts
Civil Criminal Youth Family Courts attended
by High Court
judges
DEALS WITH:
MAJOR CRIMINAL OFFENCES CIVIL CLAIMS > $350,000
examples: examples:
MURDER ARMED DRUG BANKRUPTCY CONTRACT COMPANY

ROBBERY RELATED DISPUTE LIQUIDATION
A few years ago I was a juror on a case at the

High Court. The case was in relation to a drug
offence. I had to listen to the evidence from
the prosecution’s lawyers and the defendant’s
lawyers. Once I had heard all the evidence, I had
to discuss the case with the other members on
the jury. We then had to come to a decision where
at least 11 people agreed on the outcome. It was
very interesting!

13
Try it for Fill in the gaps in the following sentences.

Yourself
1. The High Court has over major crimes.
2. There are permanent High Courts in New Zealand.
3. The High Court can hear civil claims that are over .
4. The High Court deals with such as murder, armed

robbery, and drug related crime.
5. The High Court deals with appeals from the .

14
Court of Appeal
LOCATED:
SUPREME COURT
COURT OF APPEAL
HIGH COURT
DISTRICT COURTS
Permanent Courts
Civil Criminal Youth Family Courts attended
by Court of
Appeal judges
DEALS WITH:
MATTERS ON APPEAL FROM HIGH COURT
OR DISTRICT COURT
APPEAL AGAINST APPEAL AGAINST

SENTENCE CONVICTION
To appeal a court decision means to ask for a reversal of the court

decision.
An ‘appeal against sentence’ refers to an appeal that is made when
a convicted person feels the sentence they received is too harsh
and wants it to be reduced.
An ‘appeal against conviction’ refers to an appeal that is made when
the convicted person maintains their innocence and feels they have
been wrongly convicted. An appeal will usually only be granted if
the defence can show that the law has been applied wrongly at
the original trial (ie a point of law) or if new evidence has become
available since the trial (ie point of evidence).

15
Every day there are a number of criminal cases

reported on the news. One case I have been
following is in relation to fraud. An employee at a
finance company allegedly stole over $500,000 of
the company’s funds. Although he was recently
found guilty in the High Court, he has appealed
his conviction on a point of law . The defendant
is arguing that his activities were not fraudulent
according to the law.
Try it for Answer the following questions.

Yourself 1. What cases does the Court of Appeal hear?
2. What do the terms ‘appeal against sentence’ and ‘appeal against conviction’
refer to?

16
Supreme Court
LOCATED:
SUPREME COURT
COURT OF APPEAL
HIGH COURT
DISTRICT COURTS
Civil Criminal Youth Family
DEALS WITH:
APPEALS FROM COURT OF APPEAL
ONLY DEALS WITH CASE IF APPROVED BY COURT
FINAL COURT OF APPEAL
New Zealand’s highest court of appeal used to be the Judicial

Committee of the Privy Council. The Privy Council sits in London. It
dealt with a small number of appeals each year from New Zealand,
usually fewer than ten. To make justice more accessible to all New
Zealanders, it was decided that a new court of final appeal which
sits in New Zealand should be established. On 1 July 2004 the
Supreme Court started hearing cases.

17
The Supreme Court is made up of New Zealand judges whose

purpose is to:
• recognise that New Zealand is an independent nation with its
own history and traditions
• enable important legal matters, including legal matters relating
to the Treaty of Waitangi, to be resolved with an understanding
of New Zealand conditions, history, and traditions
• improve access to justice.
Try it for
Are the following statements ‘true’ or ‘false’?
Yourself
Statement True/False
Before the Supreme Court was established, the Privy Council was the
highest court of appeal.
The Supreme Court was established in 1994.
One of the main reasons for establishing the Supreme Court is to give
greater access to justice to all New Zealanders.
The Supreme Court has to approve hearings before they can be put
before the court.

18
Use news websites such as the New Zealand Herald

Optional (www.nzherald.co.nz) or Stuff News (www.stuff.co.nz) to
Activity find some cases that have appeared before each of the
following courts:
• District Court
• High Court
• Court of Appeal
• Supreme Court
In particular, you need to find out:
a) what the facts of each case are
b) what the outcome of each case was
District Court
High Court
Court of Appeal
Supreme Court

19
LESSON 2:
Specialist
Judicial Bodies
Learning Objectives
On completion of this lesson, learners will have an understanding of:
the Family Court
the Youth Court
the Employment Court
the Disputes Tribunal
the Waitangi Tribunal
the Tenancy Tribunal
the Human Rights Review Tribunal
In the previous lesson, you learnt about the four main courts in New
Zealand. In this lesson, you will learn about three specialist courts as
well as four tribunals.
What is a specialist court?

A specialist court is a court that sits outside the hierarchy ‘pyramid’
for courts of general jurisdiction. Specialised courts often deal with
a specific area of law. For example, the Family Court deals with
issues related to family matters, the Employment Court deals with
employment related matters.
What is a tribunal?
A tribunal is an institution with the authority to make a judgement or
make a determination in relation to a claim. In many ways it is very
similar to a court and the terms can often be used interchangeably.
One of the key differences between a court and a tribunal is that a
tribunal often only has the ability to make recommendations and
it is a lot less formal than a court. However, this is not always the
case. The Disputes Tribunal is able to make decisions that are
enforceable, as is the Human Rights Review Tribunal.

20
LESSON 2: Specialist Judicial Bodies
Family Court
FAMILY COURT
Part of District Court Deals with issues such as:

Uses different approach to other • Child custody
courts (counselling, mediation etc) • Adoption
Helps New Zealanders with • Domestic violence
family problems • Divorce
My previous partner was violent towards me. I

went to the Family Court to apply for a protection
order. This order prevents my ex-partner from
going near me or my home. I feel much safer now
that I have the protection order.
Read the scenario and answer the question that follows.

Try it for Audrey and her husband Max have been having some
Yourself relationship difficulties lately. After 10 years of marriage,
they have decided to terminate their relationship.
What are some things the Family Court can do to help Audrey and Max end their
relationship?

21
Youth Court
YOUTH COURT
Part of District Court Help from advocates (people

with standing in the community)
Deals with 10-17 year olds only
Use of ‘restorative’ methods
Has special judges
• Family meetings
Closed to public
• Counselling
Not as formal as adult courts
One of my classmates was arrested for stealing

from a department store. He had to attend a trial
at the Youth Court. He had to attend a restorative
justice meeting and formally apologise to the
department store manager. He said that he will
never steal anything again!
Try it for Answer the following questions:

Yourself 1. What age groups does the Youth Court deal with?
2. In what ways is the Youth Court different to the main courts?

22
The Employment Court
EMPLOYMENT COURT
Gets jurisdiction from the Appeals from this court are

Employment Relations Act 2000 made to the Court of Appeal
Can hear all matters relating to Able to award damages,
employment disputes injunction, or a compliance order
Parties normally try to resolve
issues through Employment
Relations Authority before
attending court
I was dismissed from my workplace for accessing

the Internet at work. I thought that it was unfair
that I was dismissed because my manager never
told me that I was not allowed to use the Internet
while at work.
I took my case to the Employment Relations
Authority. I had a meeting with my employer and
the Authority. At the meeting, it was decided that I
should get my job back.
If the dispute had not been resolved at the
meeting, it would have eventually gone to the
Employment Court for a decision to be made.

23
Try it for Do some research and complete the following

Yourself sentences with the appropriate word(s).
1. The Act gives the Employment Court its jurisdiction.
2. The Employment Relations Authority can refer a case to the

.
3. The Employment Court has five permanent .
4. Usually only judge presides over cases at the Employment Court.
5. The Employment Court has a limited right of appeal to the .

24
Disputes Tribunal
Disputes Tribunals are not like formal courts as there are no lawyers
or judges, and proceedings are not expensive. Disputes are heard
by a referee who has been carefully selected and trained. A referee
is someone who will either help the parties involved to come to their
own solution, or will make a ruling about the dispute. Any ruling they
make is binding and, if necessary, will be enforced by the courts.
The tribunal can deal with any civil dispute where the claim in
dispute is no greater than $15,000 (or up to $20,000 if both parties
agree).
NO LAWYER UP TO $20,000 CIVIL DISPUTES
I had a disagreement with my neighbour about

replacing a fence that borders both our properties.
I wanted him to pay for half of the replacement
costs but he refused. I decided to take him to the
Disputes Tribunal. At the Tribunal it was decided
that my neighbour had to pay for his half of the
fence repairs.
Try it for Are the following statements ‘true’ or ‘false’?

Yourself
Lawyers are permitted to represent people at the Disputes Tribunal.
Any decision made at the Disputes Tribunal is binding.
The tribunal can deal with disputes where the claim is $20,000 provided
that both parties agree to this.

25
Waitangi Tribunal
The Treaty of Waitangi Act 1975 established the Waitangi Tribunal.

The role of the tribunal is to make recommendations on claims
brought by Maori in relation to the acts that the Crown has
committed (or failed to commit).
The Tribunal can only make inquiries and give recommendations
about a claim to the Crown. It does not have any power to force
the Crown to do anything in relation to recommendations that
have been made by the Tribunal. The Tribunal can only give strong
recommendations about what should be done.
There are up to 20 members who make recommendations for the
Tribunal. All members are appointed by the Governor-General.
CLAIMS ESTABLISHED
RECOMMENDATIONS
RELATING TO BY WAITANGI
ONLY
MĀORI ACT 1975
One case that the Waitangi Tribunal has heard is a

case that relates to the Maori Language (Wai 11,
The Te Reo claim). As a result of this claim, the
Waitangi Tribunal recommended that legislation
be introduced to enable the Maori Language to
be used in all government areas as well as in the
courts. It also recommended that an institution
be developed to help promote the usage of
the Maori language in New Zealand. These
recommendations have been adopted by the New
Zealand government.

26
Try it for Answer the following questions:

Yourself 1. What is the main purpose of the Waitangi Tribunal?
2. What restrictions does the Waitangi Tribunal have?
3. Who appoints members of the Waitangi Tribunal?
Tenancy Tribunal
The Tenancy Tribunal listens to disputes that occur between

landlords and tenants. It listens to a wide range of tenancy disputes
such as:
• disputes over rental payments
• damage to rented homes
• failure to lodge bonds with the Tribunal.
Parties normally represent themselves at the Tribunal; however,
there are some situations where parties are allowed to have a lawyer
present.

27
The following orders can be made by the Tenancy Tribunal:

• Possession order – where the tenancy agreement is
terminated and the landlord can take possession of the
property
• Monetary order – where the landlord or tenant must pay
money to the other party
• Work order – An order that makes a landlord (or tenant)
make a repair and/or fix something that has been damaged
DEALS WITH NORMALLY CAN MAKE

TENANCY NO LAWYER VARIOUS ORDERS
My friends and I rented a house near the

University that we are studying at. At the end of
our tenancy we expected to get our bond back.
However, we discovered that our bond had not
been lodged with the Tenancy Tribunal and the
landlord wasn’t planning to pay it back to us. We
took the case to the Tenancy Tribunal and we
were awarded our bond. I am pleased that we
finally got our money back.
Try it for Complete the following paragraph using the correct words.
Yourself
Disputes that occur between and are heard by the
Tenancy Tribunal. Although can be present at the Tribunal,
normally represent themselves. The Tribunal has the power to make possession orders,
and work orders.

28
Human Rights Review Tribunal
The Human Rights Review Tribunal deals with cases that are
brought under the following legislation:
• Human Rights Act 1993
• Privacy Act 1993
• Health and Disability Commissioner Act 1994
It makes decisions in relation to:
• discrimination such as discrimination based on gender or on
race, or family status
• issues that relate to privacy
• patient’s rights.
The Tribunal is able to award compensation, create a restraining order,
and require a health care provider to undergo remedial training.
DEALS WITH GETS POWER CAN MAKE

HUMAN RIGHTS FROM THREE VARIOUS
ACTS AWARDS
In 2010, a group of caregivers who look after

their disabled family members went to the Human
Rights review Tribunal to challenge government
policy. They claimed that they should receive
some form of monetary payment for looking after
their disabled loved ones. The Human Rights
review Tribunal agreed with the caregivers. The
case continued through the main courts, where it
was finally accepted by the government that some
form of compensation should be paid.

29

Try it for
Yourself 1. What legislation does the Human Rights Review
Tribunal deal with?
2. What kinds of awards is the Tribunal able to make?
Choose one specialist court and one tribunal.

Optional Research one case that has been before the court and
Activity tribunal. Use news websites on the internet such as the
New Zealand Herald (www.nzherald.co.nz) or Stuff News
(www.stuff.co.nz) to find out:
a) what the facts of each case are
b) what the outcome of each case was.
Specialised
Court
Tribunal

30
LESSON 3:
Participants in
the Court System
Learning Objectives
On completion of this lesson, learners are able to describe the roles
of the following participants in the court system.
Judges
Witnesses
Lawyers
Prosecutors and Plaintiffs
Defendants
Jurors
Police
Probation Officers
Registrars
In the previous lessons, you learnt about the different institutions

that listen to criminal and civil issues and make decisions or
recommendations about these issues.
In this lesson, you will learn about the key participants who are
involved in this process.
You will also learn about Tane’s experience at the High Court and
what he learned about the participants there.
Recently, Tane observed a robbery at his local

dairy. One person who was at the dairy at
the time of the robbery was shot. Tane has
been asked to appear in the High Court as a
witness to the crime.

31
LESSON 3: Participants in the Court System
Judges
The judge acts as a type of impartial/neutral ‘referee’. They supervise the

proceedings and decide points of law. The judge will hear from lawyers
and decide whether or not certain information should be included in
court. They can rule that some evidence presented should be ignored
and they can explain the law to the jury. If necessary, the judge can
criticise the lawyers presenting the case, and impose punishments on
them if they misbehave. In addition to ruling on points of law, where a jury
is not present, the judge also decides points of evidence.
In a criminal case the judge decides the sentence or penalty to be
received if a person pleads guilty. In
addition, at any time in the trial, the judge
can rule that there is no case to answer When I appeared in the High
and order the jury to make a finding of Court, I was very nervous when
‘not guilty’ for the accused. I saw the judge. However, the
judge was very friendly and
If the accused pleads not guilty, and then smiled at me. He told me to
is found by the jury to be guilty of the answer each question honestly
crime, it is the judge’s task to impose the and not be too nervous.
sentence or penalty upon the offender.

Try it for
Yourself 1. What is the main role of the judge?
2. What does a judge make decisions on?
3. What decision does the Judge make after the accused has been found guilty?

32
The witnesses
Witnesses are the people who have seen or heard something that
will help the judge or jury reach a decision as to what has happened.
Witnesses are not allowed to give their opinions as evidence, unless
they are expert witnesses. An expert witness is someone who can give
relevant evidence based on their specialised knowledge or skill (which
they get through training, study, or experience). Examples include:
• a doctor could give evidence about a disease or illness
• a DNA expert could give evidence that an individual’s DNA
was found at a crime scene
• an accountant could provide expert information in fraud
cases, etc
Witnesses do not always have to appear in court, particularly
in civil cases. In certain cases, the judge will rule that a ‘brief of
evidence’ (a document that contains the information from a witness’
statement), a witness’ written statement, or video statement can
be accepted as evidence. In a situation like this, it may not be
necessary for the witness to make a court appearance.
When I was a witness at the High Court, I was

asked many questions by the prosecution’s and
the defendant’s lawyers. Some of the questions
they asked me were hard to answer but I tried my
best. I told them clearly that I saw the defendant’s
face and he was the person who shot the victim.
Try it for Complete the following paragraph with appropriate terms.

Yourself
Witnesses are people who have or a crime. The evidence that they
give may help a or make a decision about the crime. Witnesses
are not allowed to give their own unless they are subject matter experts.
Sometimes witnesses are not required to appear in . Instead, they can
complete a .

33
The lawyers
The role of a lawyer is to represent the interests of the parties on

each side: the prosecution (plaintiff) and the defendant (respondent).
They are there to present the facts and evidence of the case in a
way that will best serve their client in making their case.
A lawyer who represents clients in court proceedings is known as a
barrister. This is in contrast to a solicitor, who acts as an advisor
to clients before or instead of court proceedings. However, in reality,
most lawyers in New Zealand qualify and practise as both barristers
and solicitors.
Although there is no absolute requirement to make use of a lawyer in
any of the courts, most people do.
When I went to court as a witness, there were

two lawyers. One lawyer was on the side of the
prosecution. She was arguing that the person
I saw shoot the victim actually committed the
crime. The other lawyer was on the side of the
defendant. He was arguing that I did not see the
defendant correctly and the defendant did not
commit the crime.

Yourself
The role of the lawyer is to lie about their client’s case so that their client
is not found guilty.
A lawyer can represent one of two sides – the prosecution (or plaintiff) or
the defendant (or respondent).
When a lawyer represents a client in a court, s/he is called a barrister.
All people must use a lawyer when they go to a court.

34
Prosecutor and Plaintiff
The prosecutor is a party who starts criminal proceedings. In New

Zealand, the prosecutor is always the Crown. However, different
organisations may bring the case on behalf of the Crown.
The term ‘prosecutor’ is only used in criminal cases.
The plaintiff is a party who starts civil proceedings. The plaintiff
may be any person who makes an application to the Court for the
exercise of its civil jurisdiction.
The term ‘plaintiff’ is generally only used in civil cases.
In the case I was involved in, there was a

prosecutor (no plaintiff). The lawyer for the
prosecutor argued that the defendant shot the
victim when he robbed the dairy.
Try it for Write a few sentences highlighting the differences

Yourself between a prosecutor and a plaintiff.

35
Defendant
The defendant is the person who is charged

with an offence in the District Court or High
Court. The word can also be used for a
person who is served with a civil proceeding
in the court. By the end of the case, it may
be decided that the defendant is guilty or not
guilty (or in civil cases, liable or not liable).
In the case I was involved in, the defendant was

charged under section 173 of the Crimes Act
1961. It was the role of the defendant’s lawyer to
argue that he did not commit the crime he was
charged with.

Yourself
The term defendant can be used for both criminal and civil cases.
The defendant will always be found guilty of a crime.

36
The jury
A jury is made up of 12 people. They can hear evidence in both

criminal and civil cases in both the District and High Court. Usually,
juries are only involved in criminal cases involving very serious
offences. They may sometimes be involved in civil cases, such as a
defamation case.
The role of the jury is to determine the facts of the case and give a
verdict based on the evidence presented. At least 11 out of the 12
members have to agree on the facts of the case in relation to the law
in order to reach a verdict.
The jurors have no legal training and are made up of members of the
public who are chosen at random from the electoral register. Individuals
with criminal records, police officers, members of parliament, judges,
barristers, solicitors, or the insane are not allowed to be jurors.
A jury of 12 people were present at the case that

I was a witness at. They seemed interested in the
answers I gave to each of the questions I was
asked. After they deliberated for ten hours, the
jury eventually decided that the defendant was
guilty.
Try it for
Yourself
1. How many members are there in a jury?
2. How many members of the jury have to agree for the jury to reach a verdict?

37
3. Name three types of people who cannot be jurors.
4. What kind of legal training do jurors receive?
Police
The role of the Police is limited to criminal cases. The Police have
the ability to arrest a person. A police prosecutor may argue the
case against the defendant. Other police officers may present
evidence to the court. The Police may also play a role in deciding
whether a defendant should be released on bail or not.
Probation officer
The role of probation officers is to prepare reports on criminal cases

for courts. They manage the sentences of those convicted of crimes
and supervise community-based offenders. Their authority comes
from the Criminal Justice Act 1985.
Registrars
All courts have a registrar. A registrar registers all the decisions

made by the Court. They are also able to consider some
applications to access court records.
Registrars also assist the judge and make sure that all documents
required by the judge are available.

38
Optional Choose two different roles highlighted in this lesson and

research them in more detail. Use Internet websites or
Activity library books to find out more information.
Role 1
Role 2

39
LESSON 4:
Differences between
criminal law and civil law
Learning Objectives
On completion of this lesson, learners will be able to describe the
differences between criminal law and civil law in relation to:
subject matter
burden of proof
standard of proof
outcomes.
In the previous lessons, you learnt about the institutions that make
legal decisions and recommendations, as well as the different roles
that are involved in these legal processes.
In this lesson, you will look at the differences between criminal
cases and civil cases. In particular, you will look at subject matter,
burden of proof, standard of proof, and outcomes.

40
LESSON 4: Differences between criminal law and civil law
The jury
The subject matter in criminal cases and civil cases is very different.
Criminal cases
Criminal cases deal with actions that are crimes under the law.
Crimes are actions that society does not want to happen. People
are punished when they commit crimes. This is to discourage them
from committing the crime again. It also helps to discourage other
people from committing that crime. The main law that highlights
what crimes are is the Crimes Act 1961. However, the following laws
also highlight specific crimes:
• Land Transport Act 1998
• Summary Offences Act 1891
• Misuse of Drugs Act 1975
What do What are some specific crimes that you know about?
You Think? List them below.

41
The good news is that the number of crimes

committed in New Zealand is decreasing.
Crimes against
23% People
Crimes against
77% Property
Total victimisations for the 12 months

267,465 ending 31 December 2017
Down 1.0% from the previous 12 months
Civil cases
Civil cases do not normally deal with crimes. Instead, the subject
of civil law is often related to disputes amongst two people (or
organisations). For example, civil law may deal with situations where
a contract has not been fulfilled correctly, or when a couple are
going through a divorce.
Are the following issues related to civil law or criminal law?

Try it for HINT: It is useful to ask yourself, ‘Would the police
Yourself be involved in such cases?’ If so, then it is probably a
criminal issue.
Theft
A disagreement about child custody
Drink driving
Neighbours disputing a boundary fence
Business partners disputing distribution of
payments
Murder
Selling marijuana
Driving without a licence

42
Burden of proof
Burden of proof means the duty that the party has to prove the case.
You may have heard the phrase ‘innocent until proven guilty’. This
phrase means that the defendant will be considered innocent until
there is enough evidence to prove they are guilty.
In criminal cases in New Zealand, it is usually the Crown that has
the burden of proof. In civil cases, it is always the plaintiff (applicant)
who has the burden of proof.
Standard of proof
Standard of proof means the amount of proof that is needed for a judge
or jury to make a decision about whether a defendant is guilty or not.
In a criminal case, the standard of proof is much higher than that
in civil cases. The prosecution is required to prove beyond a
reasonable doubt that the defendant was guilty of the offence. This
is a standard of proof approaching 100%. If there is any doubt in the
mind of the judge or jury, then the defendant must be found not guilty.
It is not for the accused to prove their innocence, but for the
prosecution to prove their guilt.
Guilt in a civil case is shown on the balance of probabilities. In
other words, the plaintiff must show that it is more than likely that
the respondent did what they are said to have done. Usually this is a
standard of over 50%, but in other more serious cases, the standard
is closer to 100%.
Try it for What is the difference between ‘burden of proof’ and

Yourself ‘standard of proof’? Explain.

43
Outcomes and consequences
There are two main outcomes in criminal and civil cases:

In criminal cases, it will be decided that the defendant is:
they have committed the crime and should

Guilty
be punished for it
they have not committed the crime and are

Not guilty
free to leave the court
In civil cases, it will be decided that the defendant is:
they need to make right the wrong that has

Liable
occurred
they are not responsible for resolving the

Not liable
situation
Criminal Law
The punishments for a person who has been found guilty in a
criminal case are many and varied.
The punishment handed down aims to:
• provide a deterrent to discourage the offender or others from
committing a similar offence
• reform the offender and encourage them to behave in an
acceptable manner
• prevent future crime by keeping a dangerous person away
from the public
• seek retribution (ie to allow society to have revenge on the
offender).
There are two main types of remedies in a criminal case. Reparation
(the victim is compensated for loss) and retribution (punishments,
fines, community work, imprisonment, etc). This may include any of
the following.

44
Imprisonment for months or years
The offender is required to remain at

an approved residential address at all
Home detention
times and is electronically monitored
(using an electronic anklet).
This is a community-based sentence

where the offender is required to do
Community work unpaid work in the community for
non-profit organisations as a way of
making up for their offending.
The following of certain rules under

the supervision of a probation officer.
Supervision
This includes addressing the causes
of their offending.
This sentence can be imposed on

child- sex offenders who have already
completed a fixed term of imprisonment.
Extended
It includes regular reporting to a
supervision
probation officer and restriction of where
the offender may live and work, and
who they may associate with.
The offender is required to comply

Community
with a curfew, which is electronically
detention
monitored.
For example, confiscation of a motor

Loss of property vehicle used by the convicted person
in committing an offence.
For example, driving licences or

Loss of licences
liquor licences.
Compensation for the victim from

the convicted person. This involves
paying the victim for what the
Reparation defendant took or damaged, either
in a lump sum or in instalments.
Payments can be in addition to
another form of punishment.

45
Civil Law
In civil cases, the outcome seeks to put the plaintiff in the position
they would have been in if the defendant had not acted in the way
they did.
Usually, the only punishment that a court can order is damages to
be paid to the plaintiff for the injury or harm suffered. Sometimes
a court can order punitive damages (money-based damages) to
deter others from committing the same acts. This has the same
effect as a fine.
Not all civil cases involve money. Sometimes a plaintiff will seek an
order to make a person or company do, or stop doing, something.
A specific performance order makes a person do something, for
example, pay maintenance. An injunction stops someone doing
something, for example, publishing a newspaper article or book.
What may be a consequence in the following cases?

Try it for You will need to decide whether the case is under
Yourself criminal law or civil law before you answer the question.
A person has been

charged with driving under
the influence of alcohol.
A husband and his wife

are having a dispute over
who will have custody of
their children once they
divorce.
A man punched his friend
because he thought that
the friend was ‘hitting on’
his girlfriend.
One company believes

that another company
is using their intellectual
property without
giving appropriate
acknowledgement or
payment.

46
Try it for Read the scenario below and then answer the questions
Yourself that follow.
Scenario
One evening, while driving home with his wife and children, Mike’s car was hit by
another vehicle that did not stop at a red light. It was later found that the driver of the
other car was over the legal blood-alcohol limit when the accident happened.
As a result of the accident, Mike’s wife was seriously injured and has had to spend
more than six months off work recovering. Her injuries are such that she will always
have some pain in her back as a result of the accident.
Mike has been told that criminal charges will be laid against the other driver and that he
could also bring a civil case against the driver.
There are a number of differences between civil and criminal cases. You have been
asked to advise Mike of the following differences.
Complete the following table to give a summary of the differences.
Civil Case Criminal Case

How the
parties are
named.

47
Civil Case Criminal Case

Standard
of proof
required.
Possible
outcomes.
Possible
consequences
if case is
proven
against the
driver of the
other vehicle.

48
Try it for Read the scenarios below and then answer the
Yourself questions that follow.
Scenario 1
Chen recently had his garden landscaped by ‘Green Designs.’ Green designs charged
Chen $52,000 for the entire redesign, including all plants and other materials required to
do the landscaping.
After the work was completed and Chen paid the design fee, he began to notice that
all the plants were beginning to die. Chen has been very careful to water the plants and
take good care of them. After two months about 80% of the plants in the garden had
died.
Chen has tried talking to Green Designs about the issue, but they have refused to
discuss it with him. Green Designs say that the death of the plants is Chen’s fault. Chen
has decided to take Green Designs to court so that the issue can be sorted out.
Scenario 2
Three months ago, Chen was walking home from a meal with his girlfriend. As Chen
and his girlfriend were walking, a group of three males started shouting at them. The
men then went up to Chen and his girlfriend and started assaulting them and telling
them to ‘Go back home to China’. A passer-by came to the aid of Chen and his
girlfriend; however, both of them suffered severe injuries.
The Police finally caught the people believed to be the attackers. Chen and his girlfriend
are required to go to the District Court to give evidence about their experience.
1. How is the subject matter in criminal cases and civil cases different? Explain with
reference to the two scenarios.

49
2. What does burden of proof mean? How is the burden of proof different in criminal
and civil cases? Explain with reference to the two scenarios.

50
3. What does standard of proof mean? How is the standard of proof different in civil
and criminal cases? Explain with reference to the two scenarios.
4. What are the possible outcomes and consequences in criminal and civil cases?
Explain with reference to the two scenarios.

51
Find two cases that have appeared in the media: one

Optional civil case and one criminal case. Compare these cases
Activity in relation to the following features of law:
• subject matter
• standard and burden of proof
• possible outcomes.

52
Glossary
appeal The process of requesting a formal change to an official decision.

appeal against A request to have the length of time that the defendant is to be
sentence imprisoned either extended or reduced.
appeal against A request to have a Court decision changed.
conviction
barrister A lawyer entitled to practice as an advocate in court.
binding An obligation that cannot be broken.
burden of proof The duty to prove a disputed charge.
case law The law as established by the outcome of former cases.
civil Occurring between two citizens or organisations.
criminal Relating to a crime as defined in legislation.
common law The part of law that is from previous judicial decisions.
defamation A false representation of someone’s words or actions.
defendant An individual, company, or institution accused in a court of law.
disputes tribunal A tribunal that deals with disputes between to individuals.
discrimination Unjust or prejudicial treatment based on a person’s identity - race, gender,
sexual orientation etc.
evidence Available information that indicates whether something true or valid.
executive The branch of government that puts plans, actions, or laws into effect.
Governor-General The chief representative of the Crown in New Zealand.
impartial Treating both parties equally.
injunction A court order that stops a person or organisation from taking a certain
action.
judiciary The authorities (such as Courts or Tribunals) that make decisions about
certain cases.
jurisdiction The official power to make legal decisions or judgements.
juror A member of a jury.
jury A body of people (usually 12) who are required to decide on a legal case
after hearing evidence.
justice Fair behaviour or treatment.
legislation Laws.
legislature The organisation that makes laws for a country.

53
monetary order A judicial decision ordering one party to pay funds to another.
parliament The members of the legislature who are voted in by the public.
parole The release of a prisoner before completion of a sentence.
parties Those involved in a court case or other judicial case (such as a tribunal
hearing).
plaintiff A person who brings a case against another in a court of law.
point of evidence A piece of information that is based on the facts of the case.
point of law A piece of information that is based on law/legislation.
possession order An order that legally entitles a landlord to evict a tenant to regain
possession of the property.
Privy Council Previous the highest court in New Zealand, now replaced by the Supreme
Court.
probation officer A person appointed to supervise offenders who are on probation.
prosecution The party that conducts legal proceedings against someone in respect of
a criminal charge or lawsuit.
punitive damages Money that must be paid by a defendant as punishment.
registrar An official responsible for keeping a register of official court records.
reparation Compensation for an insult of injury.
respondent A defendant in a civil case.
restraining order An order made by a judge that prohibits the defendant from taking certain
actions.
retribution Punishment that is thought to be fully deserved.
Select Committee A committee that discusses a new or amended law and the impact that it
may have.
solicitor A lawyer.
specific A order made by a judge for a defendant to carry out a certain task.
performance order
standard of proof The level of proof that is required for a defendant to be found guilty/liable.
state Country.
statute law Law made by Parliament.
Tenancy Tribunal A tribunal that can made decisions on disputes between landlord and
tenant.
verdict A decision made by a court.
Waitangi Tribunal An organisation that looks into claims brought by Maori in relation to acts
of the Crown.
witnesses A person who gives testimony in a court.
work order An order by a judge for a defendant to complete specific work.

54

55
21 Ruakura Rd, Hamilton East,

Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
© ATC New Zealand


27844v2a Learners Guide

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

27844v2a Learners Guide

Uploaded by

Copyright:

Available Formats

US 27844 v2a

Unit Standard 27844

US27844v2a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US27844v2a Learner's Guide

US27844v2a Learner's Guide Licensed to Western Heights High School

Specialist Judicial Bodies 19

Participants in the Court System 30

Differences between criminal law and civil law 39

Licensed to Western Heights High School US27844v2a Learner's Guide

the structure of the New Zealand court system

US27844v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: The Courts

What do you know about the court system in New

Licensed to Western Heights High School US27844v2a Learner's Guide

LESSON 1: The Courts

Role and relevance of

Why do the courts exist?

How often are the courts used?

What are the functions of the court?

US27844v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: The Courts

Citizens need to have confidence that there is justice for them in

Have you or your friends ever had any experience with

Licensed to Western Heights High School US27844v2a Learner's Guide

LESSON 1: The Courts

Three branches of government

To fully understand the court system, we need to learn about who

Legislature Executive Judiciary

Answer the following questions:

2. Who is part of this branch of government?

3. Which branch of government is responsible for administering the law?

Continued on next page...

US27844v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: The Courts

4. Who is part of this branch of government?

5. Which branch of government is responsible for applying the law?

6. Who is part of this branch of government?

Statute and case law

The courts decide on individual criminal and civil cases by applying

Licensed to Western Heights High School US27844v2a Learner's Guide

LESSON 1: The Courts

Case law is important because it ensures that the law is consistent.

INDICTABLE OFFENCES - serious offences that are set out in the

PURELY SUMMARY OFFENCES - minor offences that are tried by

ELECTABLE OFFENCES - an offence where the defendant may

US27844v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: The Courts

Structure of the New Zealand

New Zealand’s general courts are structured in a hierarchy. This

Employment Environment District Court Māori Land Courts Martial

Tribunals and Authorities

Licensed to Western Heights High School US27844v2a Learner's Guide

LESSON 1: The Courts

Civil Criminal Youth Family

ROBBERY CAR ALCOHOL BANKRUPTCY CONTRACT MARRIAGE

My friend’s older brother got convicted for driving

US27844v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: The Courts

3. What are the four divisions of the District Court?

Licensed to Western Heights High School US27844v2a Learner's Guide

LESSON 1: The Courts

MURDER ARMED DRUG BANKRUPTCY CONTRACT COMPANY

A few years ago I was a juror on a case at the