Search Results

1. Duty Lawyer Policy v2.15.pdf [pdf, 302 KB]

   Duty Lawyer Service Operational Policy November 2024 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

2. [2021] NZEmpC 40 The Chief of New Zealand Defence Force v Darnley [pdf, 168 KB]

   ...is necessary for the Court to be satisfied that an appropriate basis has been made out for the exercise of its discretion.1 [2] An order of non-publication, either interim or permanent, marks a departure from the fundamental principle of open justice. An applicant must establish that sound 1 Employment Relations Act 2000, sch 3 cl 12. reasons exist for the presumption to be displaced. This generally involves pointing to specific adverse consequences which would justif...

3. Duty Lawyer Operational Policy for CPIP 2024 [pdf, 363 KB]

   ...criminal legal aid 7 Attendance requirements 8 Supervision of the duty lawyer service 9 Payment 10 Travel time and mileage 11 Accommodation 12 Duty Lawyer Roster 12 Removal from the duty lawyer roster 13 Appendix 1 – Instructions on bail matters for duty lawyers in district courts 14 Appendix 2 – Payment rates 15 Appendix 3: – Performance Monitoring 16 March 2024 4 Duty lawyer service Introduction 1. This policy describes the operation of the duty law...

4. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...Representatives on 21 July 2008. 2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching this conclusion we have considered a possible inconsistency with the right to natural justice affirmed in section 27(1) of the Bill of Rights Act. Purpose of the bill 3. The Bill amends section 13 of the Fisheries Act 1996 ('the Act') which requires the Minister of Fisheries to set a Total Allowable Catch (T...

5. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...and violent crime. One of the newly introduced provisions relating specifically to court procedures was section 16 which provided for an offender who appears before any court for sentencing to call a witness to speak on his or her behalf on cultural matters that could be relevant to sentencing considerations. The person called to speak may talk about the ethnic or cultural background of the offender, the way in which that background may relate to the commission of the offence, and the positiv...

6. Family Legal Advice Service operational policy version 1.4 [pdf, 479 KB]

   ...Service The Ministry’s Legal and Operational Services Group is responsible for administering the Family Legal Advice Service. The criteria for approval as a Family Legal Advice provider are set out in Clause 9A, Out-of-court legal assistance on matters relating to Care of Children Act 2004, of the Schedule to the Legal Services (Quality Assurance) Regulations 2011. Further information on applying for approval to provide the Family Legal Advice Service can be found on the Ministry of J...

7. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

     1  Regulatory Impact Statement  Review of the Judicature Act and consolidation of  courts legislation  Agency Disclosure Statement  1. This Regulatory Impact Statement has been prepared by the Ministry of Justice.  It provides  an analysis of a package of work forming the government response to the Law Commission  report  Review  of  the  Judicature  Act  1908:  Towards  a  consolidated  Courts  Act  and  other  associated mat...

8. AL v Secretary for Justice 30 August 2012 NZRA 000017 [pdf, 130 KB]

   REVIEW AUTHORITY NEW ZEALAND 2012 NZRA 000017 Applicant AL Respondent Secretary for Justice Date of Decision: 30 August 2012 ________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. On 1 June 2012, the Secretary for Justice (Secretary) issued a decision declining to grant approval the Applicant as a Lead Provider in Category 2 Criminal Proceedings...

9. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

   ...proceedings attaching the Authority’s determination. [2] The defendant opposes leave being granted. This is on the grounds that the merits of the case do not justify such leave and that such leave is not in the overall interests of justice. Principles applying [3] The right to challenge a determination of the Authority is contained in s179(1) of the Employment Relations Act 2000. The right is qualified by sub- section (2). This provides that every election to h...

10. Sexual Violence Legislation Bill [pdf, 154 KB]

    ...defendant - save that evidence of the fact the complainant was in a sexual relationship with the defendant continues to be generally admissible9 – with the same ability for a Judge to grant permission to adduce evidence or ask questions on these matters if it is of such direct relevance that it would be contrary to the interests of justice to exclude it.10 9. Relatedly, clause 8 provides that a party who proposes to offer this evidence is subject to new application requirements in s...