New Zealand Law and Practice Examination flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Treaty of Waitangi

Founding document with Māori and English texts that differ in meaning; principles include partnership, participation and protection, and it informs statutory interpretation and Crown conduct.

Ultra vires

A regulation or bylaw made beyond the powers granted by its empowering Act is invalid. Courts may declare such delegated legislation unlawful on judicial review.

Stare decisis

Doctrine requiring courts to follow precedent. District Courts are bound by High Court and Court of Appeal decisions; only the Supreme Court may depart from its own rulings.

Interpretation Act 1999

Statute governing how New Zealand legislation is read, including commencement, definitions, and the rule that penal provisions are construed favourably to the person charged where ambiguous.

Section 6 Bill of Rights

Requires courts to prefer an interpretation of legislation consistent with the Bill of Rights Act 1990 where one is available, without invalidating the Act itself.

Indefeasible title

Under the Land Transfer Act 2017, registration confers title that cannot be defeated except by fraud, in personam claims, or statutory exceptions.

Te Ture Whenua Māori

Act of 1993 governing Māori land, establishing the Māori Land Court and protecting retention of land in Māori ownership through trusts and incorporations.

Consideration

Something of value exchanged between contracting parties; it must be bargained for and sufficient but need not be adequate to make a contract enforceable.

Beyond reasonable doubt

The criminal standard of proof. The prosecution bears the burden of proving every element to this standard; the defence need only raise a reasonable doubt.

Privacy Act 2020

Contains 13 information privacy principles, requires notification of harmful breaches, and empowers the Privacy Commissioner to investigate and issue compliance notices.

Contract and Commercial Law Act

Act of 2017 consolidating rules on electronic transactions, sale of goods, and remedies for misrepresentation, including cancellation and damages.

Judicial review

Procedure in the High Court challenging the legality, rationality or procedural fairness of public decision-makers; relief includes certiorari, mandamus and prohibition.

Parliamentary sovereignty

Parliament is the supreme lawmaker; courts cannot invalidate an Act, though they may interpret it consistently with rights under section 6 of the Bill of Rights Act.

Habeas corpus

A writ requiring a person detaining another to produce them before the court and justify the detention; a fundamental safeguard against unlawful imprisonment.

Mens rea

The mental element of an offence, such as intention or recklessness. The prosecution must prove it alongside the actus reus unless the offence is strict liability.

Trust account reconciliation

Under the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, lawyers must reconcile trust accounts at least monthly and keep receipts and records for audit.

Terms of engagement

Written retainer required by the Lawyers and Conveyancers Act 2006, disclosing scope, fees, GST, disbursements and client care obligations before work begins.

Legal professional privilege

Protects confidential communications made for the dominant purpose of legal advice or litigation from disclosure; it belongs to the client and survives the retainer.

Conflict of interest

Arises when a lawyer's duty to one client conflicts with another duty or personal interest; informed consent and, where required, termination of the retainer are needed.

AML/CFT Act 2009

Makes lawyers reporting entities; requires customer due diligence, beneficial ownership checks, record-keeping, and suspicious transaction reports to the Financial Intelligence Unit.

District Court jurisdiction

Handles civil claims generally up to $350,000, most criminal summary matters, and family and youth matters, with appeals to the High Court.

Limitation Act 2010

Sets a six-year period for most contract and tort claims and a three-year period for money claims, running from the date the cause of action accrues.

Scale costs

Costs calculated under the High Court Rules or District Court Rules by categorising the proceeding and applying daily recovery rates, usually to the successful party.

Conduct and Client Care Rules

Rules 2008 under the Lawyers and Conveyancers Act set standards of competence, independence, confidentiality and disclosure; breaches may lead to disciplinary charges.

Without prejudice

Communications made in genuine settlement negotiations are inadmissible in later proceedings, encouraging frank compromise without prejudicing a party's position.

Caveat

A notice lodged against a title under the Land Transfer Act 2017 warning that the lodging party claims an interest; it prevents registration without notice.

Discovery

Under the High Court Rules, parties must disclose all documents relevant to the proceeding, including adverse documents, supported by an affidavit of documents.

Interlocutory application

An application made during a proceeding for interim relief, such as discovery, security for costs or summary judgment, determined before trial.

Statutory demand

Formal demand under the Companies Act 1993 requiring payment of a debt within 15 working days; failure may support an application to liquidate the company.

Personal grievance

Employment Relations Act 2000 process allowing an employee to challenge unjustified dismissal or disadvantage; must be raised within 90 days of the action.

Reserved judgment

A decision delivered after the hearing rather than orally, typically where complex issues require time; parties await the written reasons before appealing.

Anti-money laundering reporting

Lawyers must report suspicious transactions to the Financial Intelligence Unit promptly and retain records of customer due diligence for at least five years.