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1.1.1 Language

(a) Appropriate language

Avoid gender-specific language unless it is necessary. In particular, avoid terms such as “man”, “men” or “mankind” to refer to people in general. Do not use “he” or “his” to describe people who may be male or female, or male pronouns to describe groups that may be made up of both men and women.

(b) Spelling

New Zealand spelling, as opposed to American or Australian, is to be used. For reference to New Zealand spelling, see the latest edition of The  New Zealand Oxford Dictionary.

Whether or not a word needs a hyphen should be resolved with reference to this dictionary.

Where English words may be alternatively spelt with a “z” or an “s”, use the form with the “s”.

Eg Attorney-General

NOT Attorney General

Eg organisation

NOT organization

Eg italicise

NOT italicize

Note that when referring to the decision of a court, “judgment” is spelt without an “e”.

(c) Māori

Māori words should generally not be italicised.

Authors using Māori words or phrases should follow the guidelines of Te Taura Whiri i te Reo Māori (the Māori Language Commission): see Te Taura Whiri i te Reo Māori “Guidelines for Māori Language Orthography” (2012) <www.tetaurawhiri.govt.nz>. Spelling should comply with the latest edition of The Raupō Dictionary of Modern Māori.

Macrons must be used as appropriate to indicate vowel length except that quotations follow the original, including when quoting legislation.

For Māori place names, Land Information New Zealand maintains a helpful list of official place names assigned by the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa: “New Zealand Gazetteer of place names” <www.linz.govt.nz>. However, not all Māori place names in the New Zealand Gazetteer have had their spelling checked for macrons.

Provide translations of passages in Māori in footnotes.

Key Māori concepts may also have to be explained either in the main text or in footnotes.

Refer to government departments and other organisations that have both Māori and English names by the name by which they are most commonly known.

If the nature of the organisation is not clear from the context of the article, this should be explained.

Eg Te Puni Kōkiri

NOT New Zealand Ministry of Māori Development

Eg Ministry of Health

NOT Manatū Hauora

Authors writing in te reo Māori or using Māori legal terminology should consult Māmari Stephens and Mary Boyce (eds) He Papakupu Reo Ture: A Dictionary of Māori Legal Terms (LexisNexis, Wellington, 2013) available at <www.legalmaori.net>.

(d) Latin and French in common legal usage

Do not italicise Latin and French words in common legal usage. Avoid such terms if it is possible to express the concept in English easily.

Examples of terms in common legal usage that may be used include:

  • ad hoc
  • autrefois acquit
  • lex causae
  • lex loci delicti
  • obiter dictum / obiter dicta
  • per se
  • prima facie
  • ratio decidendi / rationes decidendi
  • stare decisis
  • ultra vires

(e) Foreign language words or phrases

All other foreign language words and expressions that are not part of New Zealand current usage must be italicised and translated into English in a footnote.

Whenever foreign words or names are used, the correct accents or vowel modifiers must be used.

(f) Citing materials in a foreign language

When citing a source in a foreign language, or a title in a foreign language, give the citation in the original language following the rules in this guide. If appropriate, give a translation of the title of the source after the citation in round brackets. Give the translation in the same format as the original. For instance, titles of texts are given in italics, so translations of titles of texts are also given in italics; titles of articles are given in double quotation marks, so translations of titles of articles are also given in double quotation marks.

Eg 61 Rolena Adorno Cronista y príncipe: La obra de Don Felipe Guaman Poma de Ayala (Pontficia Universidad Católica del Perú, Lima, 1989) (translation: Chronicler and Prince: The work of Don Felipe Guaman Poma de Ayala).

62 Bürgerliches Gesetzbuch, § 822 (translation: Civil Code).

63 Tony Angelo “The Challenge of Diversity” in Ingeborg Schwenzer and Günter Hager (eds) Festschrift für Peter Schlechtriem zum 70 Geburtstag (Mohr Siebeck, Tubingen, 2003) 311 at 317 (translation: Festschrift for Peter Schlechtriem on his 70th Birthday).

If the source has been officially translated and published in English, give a reference to the translated edition of the source in round brackets rather than giving a translation of the title.

Eg 64 Danilo Zolo La giustizia dei vincitori Da Norimberga a Baghdad (Editori Laterza, Roma, 2006) (translated ed: MW Weir (translator) Danilo Zolo Victors’ Justice: From Nuremberg to Baghdad (Verso, London, 2009)).

65 Philippe Ariès L’enfant et la vie familiale sous l’Ancien Régime (Plon, Paris, 1960) (translated ed: R Baldick (translator) Philippe Ariès Centuries of Childhood (Cape, London, 1964)).

When listing foreign language sources in a bibliography do not give a translation of the title of the source.

See rule 7.7.1 for the citation of translated historical works.

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