Crown Prosecutor (New Zealand)
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Crown Prosecutor (New Zealand)
In New Zealand, a Crown prosecutor is a private lawyer appointed to prosecute indictable offences on behalf of the Crown. Unique for western democracies, New Zealand is the only country to outsource prosecution of serious crimes to the private sector. Structure New Zealand, unlike many other jurisdictions, does not directly employ many lawyers to lay prosecutions. The chief law officer, the Attorney-General, is responsible for prosecuting offenders. However, as a Government minister, the Attorney-General will conventionally not involve himself in individual cases. Instead, the work of prosecution has been delegated to the Crown Law Office, headed by the Solicitor-General, who is a senior civil servant rather than a politician. The Crown Law Office, among other duties, supervises the prosecution of major criminal offences. Much of the prosecution work itself is performed by the Crown Solicitors, 16 senior lawyers in private law firms, each appointed for a particular distri ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Attorney-General (New Zealand)
The Attorney-General is a political and legal officer in New Zealand. The Attorney-General is simultaneously a ministerial position and the chief law officer of the Crown, and has responsibility for supervising New Zealand law and advising the government on legal matters. The Attorney-General serves both a political and apolitical function. The current Attorney-General is David Parker. Responsibilities and powers The Attorney-General has two main areas of official responsibility. Firstly, the Attorney-General has ministerial jurisdiction over the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office.''Briefing Paper for the Attorney-General'' (Crown Law Office, October 2017) at 3. Secondly, the Attorney-General is the principal law officer of the Crown, responsible for supervising the state's administration of the law and for providing legal advice to the government. This includes upholding the rule of law and advising on compliance with internati ...
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Crown Law Office (New Zealand)
The Crown Law Office (Crown Law) (Māori: ''Te Tari Ture o te Karauna'') is the public service department of New Zealand charged with advising the government on legal affairs, representing the government in appellate cases, and overseeing the prosecution of criminal offences before the courts. The Office of Solicitor-General The positions of Attorney-General and Solicitor-General were established in England in 1243 and 1461 respectively. The Solicitor General was a sub-ordinate office to the Attorney General. New Zealand has had its own Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ... since 1841. The position of Solicitor-General was not established until 1867 and was initially a political office as it currently is in England. In 1875, the office became a pe ...
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Solicitor-General Of New Zealand
The Solicitor-General (or Solicitor General) is the second law officer of state in New Zealand. The Solicitor-General is also head of the Crown Law Office, that comprises lawyers employed to represent the Attorney-General in court proceedings in New Zealand. The current Solicitor-General is Una Jagose. Under section 9A of the Constitution Act 1986 the Solicitor-General can exercise almost all of the statutory functions conferred on the Attorney-General. As the non-political Law Officer, the Solicitor-General has traditionally assumed responsibility for the exercise of those functions that should be undertaken independently of the political process. The Crown Law Office supervises the prosecution of major criminal offences, with most prosecutions being conducted by regional law firms that act as Crown Solicitors. History New Zealand has had its own Attorney-General since 1841 and the position of Solicitor-General was established in 1867 which was initially a political office as i ...
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Civil Servant
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership. A civil servant, also known as a public servant, is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in the UK, a civil servant is ...
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Politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a politician can be anyone who seeks to achieve political power in a government. Identity Politicians are people who are politically active, especially in party politics. Political positions range from local governments to state governments to federal governments to international governments. All ''government leaders'' are considered politicians. Media and rhetoric Politicians are known for their rhetoric, as in speeches or campaign advertisements. They are especially known for using common themes that allow them to develop their political positions in terms familiar to the voters. Politicians of necessity become expert users of the media. Politicians in the 19th century made heavy use of newspapers, magazines, and pamphlets, as well ...
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Crown Solicitor (New Zealand)
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, particularly in Commonwealth countries, as an abstract name for the monarchy itself, as distinct from the individual who inhabits it (that is, ''The Crown''). A specific type of crown (or coronet for lower ranks of peerage) is employed in heraldry under strict rules. Indeed, some monarchies never had a physical crown, just a heraldic representation, as in the constitutional kingdom of Belgium, where no coronation ever took place; the royal installation is done by a solemn oath in parliament, wearing a military uniform: the King is not acknowledged as by divine right, but assumes the only hereditary public office in the service of the law; so he in turn will swear in all members of "his" federal government''. Variations * Costume headgear imitati ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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