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1. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...YSO descriptor runs against the grain of the presumption. 11. Notwithstanding, we would expect a Judge to approach further charges without a pre-determined viewpoint, as we anticipate they are already doing, while any previous offending will be a matter of record. As we discuss later in this advice, the Act also requires the court dealing with a young person to address the primary considerations and principles articulated in the Act and to tailor the response to 3 A YSO can be subject to...

2. Teina Pora compensation claim quantum report [pdf, 9 MB]

   SECOND REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY TEINA ANTIHONY PORA BY HON RODNEY HANSEN CNZM QC TABLE OF CONTENTS (1) INTRODUCTION ....................................................................................................... 3 (2) APPROACH TO DETERMINING COMPENSATION ....................................................... 5 (3) NON-PECUNIARY LOSS FOR LOSS OF LIBERTY ................................................ ; .......... 8 (4) OTHER NON-PECUNIAR...

3. Status hearings evaluation: New Zealand study of pre-trial hearings in criminal cases [pdf, 487 KB]

   Status Hearings Evaluation: A New Zealand Study of Pre-trial Hearings in Criminal Cases Wendy Searle Tania Slater Trish Knaggs Janet November Christopher Clark ii First published in July 2004 by the Ministry of Justice and Law Commission PO Box 180 Wellington New Zealand ISBN 0-478-20188-5 iii Foreword Status hearings were introduced on the initiative of judges in the Auckland District Court in 1995, as a type of pre-trial conference. They aimed to avoid the inefficiencies crea...

4. Archived May 2015 - Compensation for wrongful conviction and imprisonment [pdf, 1.5 MB]

   ...at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for advice. The Queen’s Counsel then reports to the Minister on the merits of the claim. If the Queen’s...

5. Review of the Foreshore and Seabed Act 2004 Analysis of Replacement Regimes [pdf, 465 KB]

   ...SEABED ACT 2004: ANALYSIS OF REPLACEMENT REGIMES IN CONFIDENCE - EXTRACTS SUBJECT TO LEGAL PRIVILEGE Page 1 of 32 Regulatory Impact Statement: Disclosure Statement 1 This Regulatory Impact Statement (RIS) was prepared by the Ministry of Justice as part of the policy development process for the Review of the Foreshore and Seabed Act 2004 (the 2004 Act). 2 This RIS analyses preliminary policy options for replacing the 2004 Act as one possible outcome of the Review. The Gove...

6. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...schedule by the end of the year; 1.2. policy design options for some of the more-straight forward sentencing commitments (including a sliding scale for early guilty pleas); and 1.3. the approach to finalising policy advice on more complex policy matters, including targeted consultation with the judiciary, Parole Board and Law Society. Executive summary 2. At the end of last year, we provided you with initial advice on the Government’s sentencing- related commitments (Taking a Tough...

7. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

   ...putting an already distressed customer under pressure to sign a delivery docket that she had already endorsed in the manner described was failing to carry out its service with reasonable care and skill. 22. I am not satisfied that any of the other matters raised by NQ are a breach of the CGA by OW Ltd. The behaviour of the truck driver in [Town] has been explained in a written account from him. It is possible that NQ misunderstood his actions at the time, which appear to have been an...

8. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   S v L Limited NZEmpC AUCKLAND [2014] NZEmpC 97 [18 June 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 97 ARC 72/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN S Plaintiff AND L Limited Defendant Hearing: 6 June 2014 (heard at Auckland) Appearances: Y, advocate for the plaintiff R Harrison and E McWatt, counsel for the defendant Judgment: 18 June 2...

9. Evaluation of early outcomes of Te Kooti Rangatahi/Rangatahi Court [pdf, 1.7 MB]

   EVALUATION OF NGĀ KOOTI RANGATAHI Evaluation of the Early Outcomes of Ngā Kooti Rangatahi Submitted to the Ministry of Justice 17 December 2012 EVALUATION OF NGĀ KOOTI RANGATAHI Final Report 2 He Mihi “E tipu e rea, ka tipu koe hei tangata. Ka ruru e koe ki te tūāuri Hei amonga mōhou ki te pūtake o ngā kōrero e!” (Te Wī o Te Rangi, Ngai Tamatea) E aku nui, e aku rahi, e aku whakatamarahi

10. BORA Judicature Modernisation Bill [pdf, 321 KB]

    ...Rights Act 1990 (NZBORA). 2.We conclude that the Bill, which consolidates and modernises existing legislation on the constitution, jurisdiction, practice and procedure of the High Court, the Court of Appeal and the Supreme Court and related matters, appears to be consistent with the Act. Background 3.The Bill represents the Government’s response to the Law Commission report Review of the Judicature Act 1908: Towards a new Courts Act. 4.The Bill is intended to mode...