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1. 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...

2. Duty Lawyer Policy July 2017 [pdf, 460 KB]

   ...6 Attendance requirements 7 Supervision of the duty lawyer service 7 Payment 8 Travel time and mileage 9 Specific arrangements at courts with PDS Supervisors 10 Removal from the duty lawyer roster 10 Appendix 1 – Instructions on bail matters for duty lawyers in all district courts 11 Appendix 2 – Payment rates 13 4 July 2017 Duty lawyer service Introduction This policy describes the operation of the duty lawyer service. The object of the...

3. Duty Lawyer Policy v2.3b [pdf, 549 KB]

   ...6 Attendance requirements 7 Supervision of the duty lawyer service 7 Payment 8 Travel time and mileage 9 Specific arrangements at courts with PDS Supervisors 10 Removal from the duty lawyer roster 10 Appendix 1 – Instructions on bail matters for duty lawyers in all district courts 11 Appendix 2 – Payment rates 13 4 March 2017 Duty lawyer service Introduction This policy describes the operation of the duty lawyer service. The object of the duty lawyer s...

4. Duty lawyer policy [pdf, 549 KB]

   ...6 Attendance requirements 7 Supervision of the duty lawyer service 7 Payment 8 Travel time and mileage 9 Specific arrangements at courts with PDS Supervisors 10 Removal from the duty lawyer roster 10 Appendix 1 – Instructions on bail matters for duty lawyers in all district courts 11 Appendix 2 – Payment rates 13 4 March 2017 Duty lawyer service Introduction This policy describes the operation of the duty lawyer service. The object of the duty lawyer...

5. 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...

6. Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 [2016] Māori Appellate Court MB 343 (2016 APPEAL 343) [pdf, 239 KB]

   ...[2010] NZCA 429 at [24]; Koroniadis v Bank of New Zealand [2014] NZCA 197 at [19]. 2016 Maori Appellate Court MB 349 [23] The overarching consideration however, in determining whether to grant an extension of time, is where the interests of justice lie. 21 [24] As the Court in Matchitt v Matchitt noted, these principles have been applied in recent decisions of this Court involving applications for leave to appeal out of time. 22 Discussion [25] We note from the Court fi...

7. 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...

8. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...These submissions will accordingly address those two issues. In doing so, the Commission will attempt to provide the Coroner with a human rights perspective as to where the scope of the inquiry should lie. The Commission does not seek to cover all matters raised or addressed by counsel representing participants to the inquiry. Issue One: Did the Royal Commission discharge the state’s obligation to undertake a rights compliant investigation? 4. The Commission submits that t...

9. 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...

10. [2015] NZSSAA 102 (18 December 2015) [pdf, 47 KB]

    ...nevertheless the rules around its composition and process, including the quorum and the requirement that it should provide written reasons for its decision, indicate that it is a decision-making body established by statute to which the rules of natural justice apply. the Supreme Court found that, in effect, the Benefits Review Committee decision is a departmental decision and the Benefits Review Committee is effectively acting in the Chief Executive’s stead. [21] This is reinforced...