Search And Surveillance Act 2012
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Search And Surveillance Act 2012
New Zealand's Search and Surveillance Act 2012 received Royal Assent on 5 April 2012, after being introduced in 2009. The three-year gap between the introduction of the Bill into Parliament and assent indicates the extent of the debates that occurred over the proposed extension of search and surveillance powers held by the State. A number of parties were concerned with the effect the Act would have on individual human rights, and the Green Party expressed the view that enforcement agencies were already abusing their powers. Others argued that the Act would make it easier to determine in each situation whether a lawful search had been carried out, as the law would be more clear and accessible if contained in just one instrument. Some parties believed that codification and clarification of the search and surveillance law would result in more compatibility with human rights.Search and Surveillance Bill as reported from the Justice and Electoral Committee (commentary) 4 November 201 ...
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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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United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty. The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council (HRC), or the predecessor of the HRC, the UN Commission on Human Rights. Whereas the Human Rights Council (since June 2006) and the Commission on Human Rights (before that date) are ''UN political bodies:'' composed of states, established by a UN General Assembly resolution and the ...
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Searches And Seizures
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined i ...
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Privacy Law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be Personally identifiable information (PII) gathering, collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information. Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal. Classification of privacy laws Privacy laws can be broadly classified into: * General privacy laws that have an overall bearing on the personal information of individuals and affect ...
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Human Rights Abuses In New Zealand
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, and language. Humans are highly social and tend to live in complex social structures composed of many cooperating and competing groups, from families and kinship networks to political states. Social interactions between humans have established a wide variety of values, social norms, and rituals, which bolster human society. Its intelligence and its desire to understand and influence the environment and to explain and manipulate phenomena have motivated humanity's development of science, philosophy, mythology, religion, and other fields of study. Although some scientists equate the term ''humans'' with all members of the genus ''Homo'', in common usage, it generally refers to ''Homo sapiens'', the only extant member. Anatomically mod ...
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Māori Party
Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Cook Islands * Cook Islands Māori, the language of the Cook Islanders Ships * SS ''Maori'', a steamship of the Shaw Savill Line, shipwrecked 1909 * , a Royal Navy Tribal-class destroyer, sunk in 1915 * , a Royal Navy Tribal-class destroyer, launched 1936 and sunk 1942 * TEV ''Maori III'', a Union Steam Ship Company inter-island ferry, 1952–74 Sports teams * New Zealand Māori cricket team * New Zealand Māori rugby league team * New Zealand Māori rugby union team Other * ''Maori'', a novel by Alan Dean Foster *Mayotte, in the Bushi language Bushi or Kibosy (''Shibushi'' or ''Kibushi'') is a dialect of Malagasy spoken in the Indian Ocean island of Mayotte. Malagasy dialects most closely related to Bushi are spoken in northwe ...
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Self-incrimination
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person). In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the ...
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Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasions of privacy by the government, corporations, or individuals is part of many countries' privacy laws, and in some cases, constitutions. The concept of universal individual privacy is a modern concept primarily associated with Western culture, particularly British and North American, and remained virtually unknown in some cultures until recent times. Now, most cultures recognize the ability of individuals to withhold certain parts of personal information from wider society. With the rise of technology, the debate regarding privacy has shifted from a bodily sense to a digital sense. As the ...
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Convention On The Rights Of The Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for supervising the implementation of the Convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on their progress regard ...
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Human Rights Commission (New Zealand)
The Human Rights Commission (Māori: ''Te Kāhui Tika Tangata'') is the national human rights institution (NHRI) for New Zealand. It operates as an independent Crown entity, and is independent from direction by the Cabinet. Legislation and functions The commission was formed in 1977, and currently functions under the mandate of the Human Rights Act 1993. The Office of the Race Relations Conciliator was consolidated with the Human Rights Commission by an amendment to the Human Rights Act in 2001. The commission's primary functions are to "advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society, and to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society". The commission's functions include providing a dispute resolution service for complaints of unlawful discrimination, and racial or sexual harassment. Commissioners Chief Commissioner – Pr ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Unreasonable Search And Seizure In New Zealand
The right to be free from unreasonable search and seizure is well-recognised by the international human rights community. Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates this right into New Zealand law, stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise." This right to be free from unreasonable search and seizure is primarily concerned with protecting the privacy interests of individuals against intrusions by the State. The Court of Appeal of New Zealand and Supreme Court of New Zealand have both recognised that the protection of privacy is core purpose of s21 NZBoRA 1990. Chief Justice Elias described the right protected as "the right to be let alone" however it currently does not provide a full right to privacy of the kind in Article 17 of the International Convention on Civil and Political Rights. Individuals subjected to a search or seizure t ...
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