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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Bill Of Rights Act 1990
The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the Attorney-General to provide a report to parliament whenever a bill is inconsistent with the bill of rights. The High Court of New Zealand in ''Taylor v Attorney-General'' issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been unjustified under NZBORA. On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration, and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations. History ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of New Zealand
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers. History Pre-European law Before colonisation by the British, Māori customary law ( tikanga) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes is in the Murders Abroad Act of 1817, which clarified that New Zealand was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". Treaty of Waitangi The Treaty of Waitangi, signed in 1840, is widely believed to have established British law in New Zealand. There are numerous problems with this theory. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while ''right to privacy'' does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Since the global surveillance disclosures (2013–present), global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Convention On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expectation Of Privacy
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, expectations of privacy can be subjective or objective. Overview There are two types of expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is Privacy International, private; varies greatly from person to person * Objective, legitimate, reasonable expectation of privacy: an expectation of privacy generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private portions of ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hamed & Ors V R
''Hamed & Ors v. R'' 011NZSC 101 was a decision by the Supreme Court of New Zealand The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It re ... which ruled on the admissibility of video surveillance. The ruling held that evidence collected using criminal trespass on private land to conduct covert surveillance under a warrant is only admissible for serious crimes. The charges involved were related to the 2007 New Zealand anti-terror raids, as a result of the ruling, charges against all but four of the defendants were dropped. The ruling was initially suppressed from 24 March 2011 to September 2011. Very shortly after the lifting of the suppression, the Video Camera Surveillance (Temporary Measures) Act 2011 was introduced and passed under urgency. References Supreme Court of New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure Case Law
Searching or search may refer to: Computing technology * Search algorithm, including keyword search ** :Search algorithms * Search and optimization for problem solving in artificial intelligence * Search engine technology, software for finding information ** Enterprise search, software or services for finding information within organizations ** Web search engine, a service for finding information on the World Wide Web Music * Search (band), a Malaysian rock band * "Searchin'", a 1957 song originally performed by The Coasters * "Searching" (China Black song), a 1991 song by China Black * "Searchin'" (CeCe Peniston song), a 1993 song by CeCe Peniston * "Searchin' (I Gotta Find a Man)", a 1983 dance song by Hazell Dean * "Searching" (INXS song), a 1997 song by INXS * "Searching" (Pete Rock & CL Smooth song), a 1995 song from the Pete Rock & CL Smooth album ''The Main Ingredient'' * ''Searching'', a 2013 album by Jay Diggins * "Searching", a 1980 single by Change * "Searching ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
