New Zealand - Revision history

Unknown user at 15:43, 27 September 2021

2021-09-27T15:43:03Z

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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Legal Resources for New Zealand</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Legal Resources for New Zealand</h2>
	[http:https://~~www~~.~~google~~.~~com~~/~~search?q=constitution+new+zealand&rlz=1C1VDKB_en~~-~~GBGB964GB964&oq=~~constitution~~+new+zealand&aqs~~=~~chrome.~~.~~69i57j0i22i30l6j69i60.3224j0j7&sourceid=chrome&ie=UTF-8~~]		[http: [[https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution#:~:text=The%20New%20Zealand%20constitution%20is,that%20it%20is%20a%20democracy. Information on New Zealand Constitution]]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources</h2>

Unknown user at 14:03, 27 September 2021

2021-09-27T14:03:40Z

← Older revision		Revision as of 16:03, 27 September 2021
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Legal Resources for ~~Afghanistan~~</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Legal Resources for New Zealand</h2>
	[http://www.~~afghanembassy~~.com.~~pl/afg/images/pliki/TheConstitution~~.~~pdf The Constitution of Afghanistan~~]		[http:https://www.google.com/search?q=constitution+new+zealand&rlz=1C1VDKB_en-GBGB964GB964&oq=constitution+new+zealand&aqs=chrome..69i57j0i22i30l6j69i60.3224j0j7&sourceid=chrome&ie=UTF-8]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources</h2>

Unknown user: /* References */

2021-09-27T13:56:20Z

References

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Unknown user at 13:54, 27 September 2021

2021-09-27T13:54:43Z

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Unknown user: /* References */

2021-09-27T13:53:23Z

References

← Older revision		Revision as of 15:53, 27 September 2021
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	=References=		=References=
	<references/>		<references/>
			Kästle, Klaus Kästle. “New Zealand.” A Country Profile - Nations Online Project, www.nationsonline.org/oneworld/new_zealand.htm#:~:text=New%20Zealand%20(NZ)%20is%20an,separated%20by%20the%20Cook%20Strait.

			“Home: Stats NZ.” Home \| Stats NZ, www.stats.govt.nz/.

			“WJP Rule of Law Index 2020.” World Justice Project, worldjusticeproject.org/our-work/research-and-data/wjp-rule-law-index-2020.

			“New Zealand.” Transparency.org, www.transparency.org/en/countries/new-zealand.

			“Global Indexes.” Vision of Humanity, 15 June 2021, www.visionofhumanity.org/maps/#/.

			“New Zealand GDP - New Zealand Economy Forecast & Outlook.” FocusEconomics \| Economic Forecasts from the World's Leading Economists, www.focus-economics.com/country-indicator/new-zealand/gdp.

			“The New Zealand Economy.” The Treasury New Zealand, 14 Apr. 2020, www.treasury.govt.nz/information-and-services/new-zealand-economy.

			“Economy of New Zealand.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/place/New-Zealand/Economy.

			“Fact 1: There Is Poverty in the Midst of Prosperity in Aotearoa New Zealand.” NZ Council of Christian Social Services, 8 Nov. 2017, nzccss.org.nz/work/poverty/facts-about-poverty/fact-1-there-is-poverty-in-the-midst-of-prosperity-in-aotearoa-new-zealand/.

			Philipp, Jennifer, and Kim Thelwell. “Poverty in New Zealand.” The Borgen Project, Borgen Project, 4 Dec. 2020, borgenproject.org/tag/poverty-in-new-zealand/.

			“New Zealand.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 25 June 2021, www.britannica.com/place/New-Zealand.

			“Political and Constitutional Timeline.” RSS, nzhistory.govt.nz/politics/milestones.

			“History and Role.” Courts of New Zealand, www.courtsofnz.govt.nz/the-courts/supreme-court/history/#:~:text=The%20Act%20came%20into%20force,made%20after%2031%20December%202003.
			Adam.Vallance. “New Zealand.” The Royal Family, 27 May 2016, www.royal.uk/new-zealand.

			Adam.Vallance. “New Zealand.” The Royal Family, 27 May 2016, www.royal.uk/new-zealand.

			New Zealand Ministry of Foreign Affairs and Trade. “United Kingdom.” New Zealand Ministry of Foreign Affairs and Trade, www.mfat.govt.nz/br/countries-and-regions/europe/united-kingdom/.

			Prime Minister, 5 July 2017, dpmc.govt.nz/our-business-units/cabinet-office/supporting-work-cabinet/cabinet-manual/2-ministers-crown-1.

			“Ministry of Justice.” New Zealand's Constitutional System \| New Zealand Ministry of Justice, www.justice.govt.nz/courts/going-to-court/without-a-lawyer/representing-yourself-civil-high-court/new-zealands-constitutional/.

			“What Is the MMP Voting System?” New Zealand Parliament, www.parliament.nz/en/get-involved/features/what-is-the-mmp-voting-system/.
			“Government and Society.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/place/New-Zealand/Government-and-society.

			“The Economist Intelligence Unit.” Political Stability, country.eiu.com/article.aspx?articleid=270861210&Country=New%2BZealand&topic=Summary&subtopic=Political%2Bforces%2Bat%2Ba%2Bglance&subsubtopic=Political%2Bstability.

			“About This Collection : Publications of the Law Library of Congress : Digital Collections : Library of Congress.” The Library of Congress, www.loc.gov/law/help/domestic-judgment/newzealand.php.

			“Treaty FAQs.” RSS, nzhistory.govt.nz/politics/treaty/treaty-faqs.

			“Government and Society.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/place/New-Zealand/Government-and-society.
			“Ministry of Justice.” Who Makes & Applies the Law \| New Zealand Ministry of Justice, www.justice.govt.nz/about/learn-about-the-justice-system/how-the-justice-system-works/who-makes-and-applies-the-law/.

			“Parliament Brief: The Legislative Process.” New Zealand Parliament, www.parliament.nz/en/visit-and-learn/how-parliament-works/fact-sheets/parliament-brief-the-legislative-process.

			“Government and Society.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/place/New-Zealand/Government-and-society.

			“Our Constitution.” New Zealand Now, www.newzealandnow.govt.nz/live-in-new-zealand/history-government/our-constitution.
			“History and Role.” Courts of New Zealand, www.courtsofnz.govt.nz/the-courts/supreme-court/history/.

			“Supreme Court Act 2003.” Supreme Court Act 2003 No 53 (as at 01 March 2017), Public Act 3 Purpose – New Zealand Legislation, www.legislation.govt.nz/act/public/2003/0053/latest/DLM214035.html.

			“Supreme Court Act 2003.” Supreme Court Act 2003 No 53 (as at 01 March 2017), Public Act 17 Constitution of Court – New Zealand Legislation, www.legislation.govt.nz/act/public/2003/0053/latest/DLM214079.html.
			“Ministry of Justice.” How the Justice System Works \| New Zealand Ministry of Justice, www.justice.govt.nz/about/learn-about-the-justice-system/how-the-justice-system-works/.

			Ministry of Justice, “Offence Categories and typres of trials” https://www.justice.govt.nz/about/lawyers-and-service-providers/criminal-procedure-act/offence-categories-and-types-of-trials/

			“Ministry of Justice.” Timeframes \| New Zealand Ministry of Justice, www.justice.govt.nz/about/lawyers-and-service-providers/criminal-procedure-act/timeframes/.
			https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225526.html

			“Ministry of Justice.” Timeframes \| New Zealand Ministry of Justice, www.justice.govt.nz/about/lawyers-and-service-providers/criminal-procedure-act/timeframes/.

			“Ministry of Justice.” Court of Appeal \| New Zealand Ministry of Justice, www.justice.govt.nz/courts/court-of-appeal/.

			“New Zealand Bill of Rights Act 1990.” New Zealand Bill of Rights Act 1990 No 109 (as at 01 July 2013), Public Act – New Zealand Legislation, www.legislation.govt.nz/act/public/1990/0109/latest/whole.html.

Unknown user at 13:36, 27 September 2021

2021-09-27T13:36:27Z

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	'''Rights of persons arrested or detained'''		'''Rights of persons arrested or detained'''
			<br>
	(1)Everyone who is arrested or who is detained under any enactment—<br>		(1)Everyone who is arrested or who is detained under any enactment—<br>

Unknown user at 13:35, 27 September 2021

2021-09-27T13:35:37Z

← Older revision		Revision as of 15:35, 27 September 2021
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	* Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.		* Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
	Liberty of the person		'''Liberty of the person'''

	~~'''~~Everyone has the right not to be arbitrarily arrested or detained.~~'''~~		* Everyone has the right not to be arbitrarily arrested or detained.

	'''Rights of persons arrested or detained'''		'''Rights of persons arrested or detained'''
	(1)Everyone who is arrested or who is detained under any enactment—<br>		(1)Everyone who is arrested or who is detained under any enactment—<br>

	(a)shall be informed at the time of the arrest or detention of the reason for it; and<br>		* (a)shall be informed at the time of the arrest or detention of the reason for it; and<br>

	(b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and<br>		* (b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and<br>

	(c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.<br>		* (c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.<br>

	(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.<br>		(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.<br>
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	(4)Everyone who is—<br>		(4)Everyone who is—<br>

	(a)arrested; or<br>		* (a)arrested; or<br>

			* (b)detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.<br>

	~~(b)detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.<br>~~
	(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.		(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

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	Everyone who is charged with an offence—		Everyone who is charged with an offence—
	(a)shall be informed promptly and in detail of the nature and cause of the charge; and<br>		* (a)shall be informed promptly and in detail of the nature and cause of the charge; and<br>

	(b)shall be released on reasonable terms and conditions unless there is just cause for continued detention; and<br>		* (b)shall be released on reasonable terms and conditions unless there is just cause for continued detention; and<br>

	(c)shall have the right to consult and instruct a lawyer; and<br>		* (c)shall have the right to consult and instruct a lawyer; and<br>

	(d)shall have the right to adequate time and facilities to prepare a defence; and<br>		* (d)shall have the right to adequate time and facilities to prepare a defence; and<br>

	(e)shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and<br>		* (e)shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and<br>

	(f)shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and<br>		* (f)shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and<br>

	(g)shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.		* (g)shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court. Section 24
	Section 24(e): amended, on 1 July 2013, by section 4 of the New Zealand Bill of Rights Amendment Act 2011 (2011 No 92).		<br>
			* (e): amended, on 1 July 2013, by section 4 of the New Zealand Bill of Rights Amendment Act 2011 (2011 No 92).

	==Minimum standards of criminal procedure==		==Minimum standards of criminal procedure==
	Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:		Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:
	(a)the right to a fair and public hearing by an independent and impartial court:<br>		* (a)the right to a fair and public hearing by an independent and impartial court:<br>
	(b)the right to be tried without undue delay:<br>		* (b)the right to be tried without undue delay:<br>
			* (c)the right to be presumed innocent until proved guilty according to law:<br>
	(c)the right to be presumed innocent until proved guilty according to law:<br>		* (d)the right not to be compelled to be a witness or to confess guilt:<br>
			* (e)the right to be present at the trial and to present a defence:<br>
	(d)the right not to be compelled to be a witness or to confess guilt:<br>		* (f)the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:<br>
			* (g)the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: <br>
	(e)the right to be present at the trial and to present a defence:<br>		* (h)the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:<br>
			* (i)the right, in the case of a child, to be dealt with in a manner that takes account of the child's age.<br>
	(f)the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:<br>

	(g)the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: <br>

	(h)the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:<br>

	(i)the right, in the case of a child, to be dealt with in a manner that takes account of the child's age.<br>


	'''Retroactive penalties and double jeopardy'''		'''Retroactive penalties and double jeopardy'''
	(1)No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.<br>		* (1)No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.<br>

	~~(2)No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.~~

			* (2)No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.


	==Right to justice==		==Right to justice==
	(1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law~~.<br>~~		* (1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.<br>

	(2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.<br>

	(3)Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.		* (2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.<br>

			* (3)Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

Unknown user at 13:30, 27 September 2021

2021-09-27T13:30:52Z

← Older revision		Revision as of 15:30, 27 September 2021
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	==Arrest==		==Arrest==
	There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.		There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.
			<br>
	Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.<br>		Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.<br>

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	==Pre-trial Detention==		==Pre-trial Detention==
	After the police have determined the proceed with criminal charges, the person charged will be processed, usually at a police station. The accused will be required to give his or her name, birth date and address . They may be fingerprinted, photographed and in the case of imprisonable charges, may have a DNA sample taken. The accused may be held in police custody until their initial hearing date, generally the same or next day, or released to appear in court on a subsequent date.		After the police have determined the proceed with criminal charges, the person charged will be processed, usually at a police station. The accused will be required to give his or her name, birth date and address. They may be fingerprinted, photographed and in the case of imprisonable charges, may have a DNA sample taken. The accused may be held in police custody until their initial hearing date, generally the same or next day, or released to appear in court on a subsequent date.

	==Right to Defense==		==Right to Defense==
	Legal aid is available to those who cannot afford a lawyer in criminal cases where the maximum penalty is imprisonment for six months or more. Legal aid is also available for less serious charges if the interests of justice require representation. The right to a defense is confirmed in section 24 of the New Zealand Bill of Rights ~~as well~~.		Legal aid is available to those who cannot afford a lawyer in criminal cases where the maximum penalty is imprisonment for six months or more. Legal aid is also available for less serious charges if the interests of justice require representation. The right to a defense is confirmed in section 24 of the New Zealand Bill of Rights.
	Everyone who is charged with an offence—		'''Everyone who is charged with an offence—'''
	~~(f) shall~~ have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance;		* Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance;

	==Trial==		==Trial==
	New Zealand has two types of criminal trials under its legal system. A jury trial and a trial by judge alone. A jury trial is overseen by a judge and a jury of 12 people for category 3 and 4 offenses. A defendant may require a jury trial for category 3 offences. The jury is tasked with determining the facts of a case and whether the defendant is guilty or not guilty. A judge alone trial is held for category 1, 2 or 3 offenses. In a judge alone trial the judge determines all questions of fact and law, including whether the defendant is guilty or not guilty.		New Zealand has two types of criminal trials under its legal system. A jury trial and a trial by judge alone.
			* A jury trial is overseen by a judge and a jury of 12 people for category 3 and 4 offenses. A defendant may require a jury trial for category 3 offences. The jury is tasked with determining the facts of a case and whether the defendant is guilty or not guilty.
			* A judge alone trial is held for category 1, 2 or 3 offenses. In a judge alone trial the judge determines all questions of fact and law, including whether the defendant is guilty or not guilty.

	==Appeal==		==Appeal==
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	The New Zealand Bill of Rights Act provides the following rights, some of which are specific to those of have been arrested and charged with a criminal offence:		The New Zealand Bill of Rights Act provides the following rights, some of which are specific to those of have been arrested and charged with a criminal offence:

	'''Right not to be deprived of life'''		'''Right not to be deprived of life'''<br>
	~~No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.~~

	~~'''Right not to~~ be ~~subjected to torture or cruel treatment'''~~		* No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.
	~~Everyone has~~ the ~~right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment~~.

	'''Right not to be subjected to ~~medical~~ or ~~scientific experimentation~~'''		'''Right not to be subjected to torture or cruel treatment'''<br>
	~~Every person has the right not to be subjected to medical or scientific experimentation without that person's consent.~~

	~~'''Right to refuse to undergo medical treatment'''~~		* Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
	Everyone has the right to ~~refuse~~ to ~~undergo any medical~~ treatment.

	'''Unreasonable search and seizure'''		'''Right not to be subjected to medical or scientific experimentation'''<br>
	Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
			* Every person has the right not to be subjected to medical or scientific experimentation without that person's consent.

			'''Right to refuse to undergo medical treatment'''<br>

			* Everyone has the right to refuse to undergo any medical treatment.

			'''Unreasonable search and seizure'''<br>

			* Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
	Liberty of the person		Liberty of the person

Unknown user at 13:21, 27 September 2021

2021-09-27T13:21:18Z

← Older revision		Revision as of 15:21, 27 September 2021
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	==Arrest==		==Arrest==
	There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.		There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.

	~~<br>~~
	Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.<br>		Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.<br>

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	(b)detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.<br>		(b)detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.<br>
			(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

	~~(5)Everyone deprived~~ of ~~liberty shall be treated with humanity and with respect for the inherent dignity of the person.~~		==Rights of persons charged==

	~~'''Rights of persons charged'''~~
	Everyone who is charged with an offence—		Everyone who is charged with an offence—
	(a)shall be informed promptly and in detail of the nature and cause of the charge; and		(a)shall be informed promptly and in detail of the nature and cause of the charge; and<br>
	(b)shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
	(c)shall have the right to consult and instruct a lawyer; and		(b)shall be released on reasonable terms and conditions unless there is just cause for continued detention; and<br>
	(d)shall have the right to adequate time and facilities to prepare a defence; and
	(e)shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and		(c)shall have the right to consult and instruct a lawyer; and<br>
	(f)shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
			(d)shall have the right to adequate time and facilities to prepare a defence; and<br>

			(e)shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and<br>

			(f)shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and<br>

	(g)shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.		(g)shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.
	Section 24(e): amended, on 1 July 2013, by section 4 of the New Zealand Bill of Rights Amendment Act 2011 (2011 No 92).		Section 24(e): amended, on 1 July 2013, by section 4 of the New Zealand Bill of Rights Amendment Act 2011 (2011 No 92).

	~~'''~~Minimum standards of criminal procedure~~'''~~		==Minimum standards of criminal procedure==
	Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:		Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:
	(a)the right to a fair and public hearing by an independent and impartial court:		(a)the right to a fair and public hearing by an independent and impartial court:<br>
	(b)the right to be tried without undue delay:		(b)the right to be tried without undue delay:<br>
	(c)the right to be presumed innocent until proved guilty according to law:
	(d)the right not to be compelled to be a witness or to confess guilt:		(c)the right to be presumed innocent until proved guilty according to law:<br>
	(e)the right to be present at the trial and to present a defence:
	(f)the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:		(d)the right not to be compelled to be a witness or to confess guilt:<br>
	(g)the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
	(h)the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:		(e)the right to be present at the trial and to present a defence:<br>
	(i)the right, in the case of a child, to be dealt with in a manner that takes account of the child's age.
			(f)the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:<br>

			(g)the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: <br>

			(h)the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:<br>

			(i)the right, in the case of a child, to be dealt with in a manner that takes account of the child's age.<br>


	'''Retroactive penalties and double jeopardy'''		'''Retroactive penalties and double jeopardy'''
	(1)No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.		(1)No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.<br>

	(2)No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.		(2)No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.


	==Right to justice==		==Right to justice==
	(1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.		(1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.<br>
	(2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
			(2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.<br>

	(3)Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.		(3)Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

Unknown user at 13:17, 27 September 2021

2021-09-27T13:17:31Z

← Older revision		Revision as of 15:17, 27 September 2021
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	New Zealand’s Supreme Court was established as its final court of appeal in 2004. Before the 21st century, New Zealand’s highest appellate body was the Judicial Committee of the Privy Council, which was located in London, in the United Kingdom. It typically dealt with fewer than ten appeals annually. The Supreme Court Act 2003 officially established the New Zealand Supreme Court. The Act came into force on 1 January 2004 and formally ended New Zealand-based appeals to the Privy Council. In the language of the legislation, the purpose of this change was to recognize New Zealand as an independent nation with its own history and traditions, improve access to justice and enable important legal matters, including those relating to the Treaty of Waitangi / Te Tiriti o Waitangi, to be resolved with an understanding of New Zealand conditions, history, and traditions.		New Zealand’s Supreme Court was established as its final court of appeal in 2004. Before the 21st century, New Zealand’s highest appellate body was the Judicial Committee of the Privy Council, which was located in London, in the United Kingdom. It typically dealt with fewer than ten appeals annually. The Supreme Court Act 2003 officially established the New Zealand Supreme Court. The Act came into force on 1 January 2004 and formally ended New Zealand-based appeals to the Privy Council. In the language of the legislation, the purpose of this change was to recognize New Zealand as an independent nation with its own history and traditions, improve access to justice and enable important legal matters, including those relating to the Treaty of Waitangi / Te Tiriti o Waitangi, to be resolved with an understanding of New Zealand conditions, history, and traditions.

	Today the Supreme Court comprises the Chief Justice and no fewer than four but no more than five other judges, all of whom are appointed by the Governor-General. Leave is required to appeal from the Court of Appeal to the Supreme Court. In order to obtain leave, it is necessary to show one or more of the following:		Today the Supreme Court comprises the Chief Justice and no fewer than four but no more than five other judges, all of whom are appointed by the Governor-General. Leave is required to appeal from the Court of Appeal to the Supreme Court. In order to obtain leave, it is necessary to show one or more of the following: <br>

	1) the appeal involves a matter of general public importance, <br>		1) the appeal involves a matter of general public importance, <br>

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	There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.		There are four types of offenses that can take place when someone is processed through the justice system. These offenses are categorized by the magnitude of the penalty for the offense and are numbered 1-4.

	Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.		<br>
	Category 2 offense – determined in the District or High Court by a judge, for offenses where the maximum penalty is less than 2 years’ imprisonment.		Category 1 offense – determined in the District Court by a judge, community magistrate or justice of the peace may impose a fine.<br>
	Category 3 offense – determined in the District or High Court where the maximum penalty is a finite term of years (or life imprisonment in the case of drug-dealing offences). These offenses can be tried by a judge or a judge and a jury.
			Category 2 offense – determined in the District or High Court by a judge, for offenses where the maximum penalty is less than 2 years’ imprisonment.<br>

			Category 3 offense – determined in the District or High Court where the maximum penalty is a finite term of years (or life imprisonment in the case of drug-dealing offences). These offenses can be tried by a judge or a judge and a jury. <br>

	Category 4 offense – determined in the High Court by a judge and jury, these offenses include murder, manslaughter, and other specified serious offenses.		Category 4 offense – determined in the High Court by a judge and jury, these offenses include murder, manslaughter, and other specified serious offenses.

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	'''Rights of persons arrested or detained'''		'''Rights of persons arrested or detained'''
	(1)Everyone who is arrested or who is detained under any enactment—		(1)Everyone who is arrested or who is detained under any enactment—<br>
	(a)shall be informed at the time of the arrest or detention of the reason for it; and
	(b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and		(a)shall be informed at the time of the arrest or detention of the reason for it; and<br>
	(c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
	(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.		(b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and<br>
	(3)Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
	(4)Everyone who is—		(c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.<br>
	(a)arrested; or
	(b)detained under any ~~enactment—~~		(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.<br>
	for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.
			(3)Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.<br>

			(4)Everyone who is—<br>

			(a)arrested; or<br>

			(b)detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.<br>

	(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.		(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.