Search Results

1. Youth justice principles and processes

   Read about the history of youth justice and the principles that guide the youth justice system. Youth justice in New Zealand The Youth Court is governed by the Oranga Tamariki Act 1989. However, recognition of ‘children’s rights’, and the roots of youth offending being addressed in a separate manner to adults have been around for significantly longer. The Juvenile Offenders Act 1906 adapted the existing criminal law for the purposes of young offenders. This was closely aligned with the le...

   Located in:

   1. Youth Court >
   2. Youth justice

2. International Covenant on Civil and Political Rights - 3rd report [pdf, 96 KB]

   ...in "sectoral legislation, that is legislation tailored to the needs of the particular kind of emergency" rather than in general, all-purpose legislation. The President of the Commission observed in transmitting the report to the Minister of Justice: " ... the Report recommends the enactment of two statutes: a War Emergencies Act and a new Civil Defence Act replacing the Act of 1983. It also recommends the repeal of the International Terrorism (Emergency Powers) Act 1987 when new...

3. FV Notice of Defence Form [pdf, 184 KB]

   ...you MUST file an Affidavit with this notice. The Affidavit must have enough detail to indicate the grounds on which the defence is based and enough information to inform the Court of the facts that support the defence. The Affidavit should cover the matters set out below in relation to the statement of support. If this notice is about another kind of application, you must either file an Affidavit, OR complete a Statement in support as set out below. If you complete an Affidavit in support,...

4. [2023] NZEmpC 15 Pilgrim v The Attorney-General [pdf, 182 KB]

   ...not take place in the courtroom and accordingly different rules apply. Counsel for the Attorney-General essentially echo the points raised by the second defendants, and 1 Pilgrim v Attorney-General (No 20) [2023] NZEmpC 1. 2 Ministry of Justice “4.0 Media in court” <justice.govt.nz>. say further that it is not in the public interest for the media to attend the site visit and there is no public interest in the evaluative material likely to be recorded on the...

5. Legal aid induction guide for legal aid providers [pdf, 402 KB]

   ...sets out in detail our policies relating to legal aid. Our terminology In this handbook, we use terms that are common across legal aid services but which may be unfamiliar to you. A provider is a person who is approved by the Secretary for Justice to provide legal aid services or specified legal services. A provider is generally a lawyer with a contract to provide legal aid or specified legal services. A lead provider is a person who has been assigned a legal aid case. The lead p...

6. AP v Secretary of Justice 5 March 2013 NZRA 000025 [pdf, 124 KB]

   REVIEW AUTHORITY 2012 NZRA 000025 NEW ZEALAND Applicant AP Respondent Secretary for Justice Date of Decision: 30 January 2013 ________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. In a decision dated 1 October 2012, The Secretary for Justice (the Secretary) declined approval of the Applicant as a lead provide...

7. [2009] NZEmpC WC 11/09 Snowdon v Radio New Zealand Ltd [pdf, 39 KB]

   ...plaintiff’s counsel. (This concerned the judicial inspection of documents.) • Full disclosure by defendant would be decisive. • Further involvement of counsel and forensic accountants pointless. • Plaintiff being denied fair process, natural justice. • A case of allegations and counter-allegations of financial mismanagement and misreporting. • Proper discovery process denied the plaintiff from outset. • No discovery achieved in these proceedings. • Misca...

8. [2022] NZACC 63 - Fraser v ACC (14 April 2022) [pdf, 180 KB]

   ...that the notices of appeal be accepted in the context of the Spirit of the Code (a partnership of utmost good faith) that Mr Fraser had with the Corporation. [9] On 13 April 2022, Mr McBride for the Corporation submitted that the interests of justice required that the applications for leave be declined. Relevant law [10] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of...

9. Macdonald v Accident Compensation Corporation (Costs on Recall Application) [2024] NZACC 49 [pdf, 199 KB]

   ...partnership where we are all to come to the appeal with clean hands. 9. Mr McBride and ACC both know that I am medically certified to work only ten hours a week due to accident-related injuries, so I only encourage appeal if there appears to be an injustice and I believe there is merit in the argument. It is never to take up resources (as I have very little) of either myself, ACC, or the Court, and could never be seen as an abuse of process when the claimant’s needs are put fir...

10. MacDonald v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 202 (9 December 2024) [pdf, 235 KB]

    ...to outweigh the cost and delay of a further appeal. However, in this case I consider no seriously arguable question of law arises, nor can it be said there is any factor which the District Court did not take into account. Instead, I consider the matters sought to be raised are, in substance, questions of fact and where the findings made were open to ACC, and to the District Court Judge, on the materials before them. For that reason, I do not need to go on to consider whether, in the...