Finnigan V New Zealand Rugby Football Union
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Finnigan V New Zealand Rugby Football Union
''Finnigan v New Zealand Rugby Football Union'', was a case taken by a member of the Auckland University Rugby Football Club and a member of the Teachers Rugby Football Club against the decision of the New Zealand Rugby Football Union (NZRFU) Council to accept an invitation for the All Blacks to tour South Africa. The invitation came just four years after the 1981 South Africa rugby union tour of New Zealand had divided the New Zealand public over the All Blacks refusal to participate in the sporting boycott of South Africa during the Apartheid era. The decision primarily concerned whether the two plaintiffs had sufficient standing to challenge the NZRFU decision. The decision marked the adoption of the principles of ''R v Inland Revenue Commissioners ex p National Federation of Self-Employed and Small Businesses'' 982AC 617 approach to standing in judicial review into New Zealand law. Background On 20 May 1985 the two plaintiffs, as members of two Auckland rugby union clubs, ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Judicial Review In New Zealand
__NOTOC__ Judicial review, under which executive actions of the Government are subject to review, and possible invalidation, is used in New Zealand. Judicial review is carried out by a judge of the High Court of New Zealand. Legislative action is not justiciable in the High Court under New Zealand's Westminster constitutional arrangements; Parliament remains supreme in law. Part 1 of that the Judicature Amendment Act 1972 was re-enacted by Parliament via the Judicial Review Procedure Act 2016. It states in Section 3: (1) The purpose of this Act is to re-enact Part 1 of the Judicature Amendment Act 1972, which sets out procedural provisions for the judicial review of— (a) the exercise of a statutory power: (b) the failure to exercise a statutory power: (c) the proposed or purported exercise of a statutory power. (2) The reorganisation in this Act of those provisions, and the changes made to their style and language, are not intended to alter the interpretation or effect of those ...
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1985 In Case Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States space exploration programs, United States or the Soviet space program, Soviet Union. * January 15 – Tancredo Neves is Brazilian presidential election, 1985, elected president of Brazil by the National Congress of Brazil, Congress, ending the Military dictatorship in Brazil, 21-year military rule. * January 20 – Ronald Reagan is Second inauguration of Ronald Reagan, privately sworn in for a second term as Presidency of Ronald Reagan, President of the United States. * January 27 – The Eco ...
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Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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1985 In New Zealand Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record "We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar and Spai ...
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South Africa Under Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's Minoritarianism, minority White South Africans, white population. According to this system of social stratification, white citizens had the highest status, followed by Indian South Africans, Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The f ...
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Sporting Boycott Of South Africa During The Apartheid Era
South Africa under apartheid was subjected to a variety of international boycotts, including on sporting contacts. There was some debate about whether the aim of the boycott was to oppose segregation in sport or apartheid in general, with the latter view prevailing in later decades. While the National Party introduced apartheid in 1948, it added sport-specific restrictions from the late 1950s, on interracial sport within South Africa and international travel by nonwhite athletes. The international federations (IFs) governing various sports began to sanction South Africa, both in response to the new restrictions and in reflection of the broader anti-racism of national federations in newly independent postcolonial states. By the early 1970s, South African national teams were excluded from most Olympic sports, although South Africans competed in individual events in some, mainly professional, sports through the 1980s. Although from the mid-1970s the National Party relaxed the ap ...
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New Zealand Cavaliers
The Cavaliers was an unofficial New Zealand rugby union team which toured South Africa in 1986. Because of the Apartheid policies of the South African government, the official New Zealand Rugby Union tour scheduled for 1985 was cancelled, and the Cavaliers tour was very controversial in New Zealand. They played twelve matches, including a four-match test series against South Africa, which they lost 3—1. History After the intensely controversial 1981 South African tour of New Zealand, which had provoked nationwide protest and worldwide condemnation, the official All Black tour planned for 1985 was cancelled due to a legal ruling that it would be incompatible with the NZRFU's legally stated purpose: ''"...the fostering and encouragement of the game of rugby..."'' Of the 30 players who had been selected for the 1985 tour, only David Kirk and John Kirwan did not join the Cavaliers. The rebel team were widely believed to have received large secret payments—a controv ...
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The New Zealand Herald
''The New Zealand Herald'' is a daily newspaper published in Auckland, New Zealand, owned by New Zealand Media and Entertainment, and considered a newspaper of record for New Zealand. It has the largest newspaper circulation of all newspapers in New Zealand, peaking at over 200,000 copies in 2006, although circulation of the daily ''Herald'' had declined to 100,073 copies on average by September 2019. Its main circulation area is the Auckland region. It is also delivered to much of the upper North Island including Northland, Waikato and King Country. History ''The New Zealand Herald'' was founded by William Chisholm Wilson, and first published on 13 November 1863. Wilson had been a partner with John Williamson in the ''New Zealander'', but left to start a rival daily newspaper as he saw a business opportunity with Auckland's rapidly growing population. He had also split with Williamson because Wilson supported the war against the Māori (which the ''Herald'' termed "the ...
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Maurice Casey (judge)
Sir Maurice Eugene Casey (28 August 1923 – 19 January 2012) was a New Zealand Court of Appeal judge. Biography Casey was born in Christchurch in 1923. His parents were Eugene and Beatrice Casey. He received his education at St Patrick's College in Wellington, and at Victoria University College (1940–1946) from where he graduated LLM (Hons). Casey was admitted to the bar in 1946 and practised in Lower Hutt, Blenheim, and from 1950 in Auckland. He was appointed as a judge in 1974 at the Supreme Court, which became the High Court in 1980. He became a household name in New Zealand when his injunction prevented the planned All Blacks tour to South Africa in 1985. Instead, an unofficial tour by a team known as the New Zealand Cavaliers took place in 1986. In March 1986, Casey was appointed to the Court of Appeal, and the same year he was appointed privy counsellor. He retired from the Court of Appeal in August 1995. After his retirement, he sat on appellate courts of various Pac ...
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Ronald Davison
Sir Ronald Keith Davison (16 November 1920 – 2 July 2015) was a New Zealand lawyer and jurist. He served as the tenth Chief Justice of New Zealand from 1978 to 1989, Early life and family Born in Kaponga on 16 November 1920, Davison was the son of Joseph James Davison and Florence Minnie Davison (née McCleland). He was educated at Te Kuiti District High School. During World War II, he served with the New Zealand Army (1941–1942) and Royal New Zealand Air Force (1942–1945), before compleing a Bachelor of Laws degree at Auckland University College in 1947. In 1948, Davison married Jacqueline May Carr, and the couple had three children, including Paul Davison , a barrister who prosecuted, among other cases, the trial of Scott Watson for the disappearance of Ben Smart and Olivia Hope in the Marlborough Sounds on 1 January 1998. Career Davison presided over the case of the sinking of the ''Rainbow Warrior''. His sentence of 10 years jail for the French secret service a ...
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Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the dec ...
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