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Taylor V Attorney-General
''Taylor v Attorney-General'' 015NZHC 1706 is a New Zealand High Court judgment which made a formal declaration that a statute that prohibited prisoners from voting is inconsistent with the New Zealand Bill of Rights Act 1990. The action was brought by Arthur Taylor, a high-profile prison inmate. This was the first time a court had recognised that a formal declaration of inconsistency is an available remedy for statutory breaches of the Bill of Rights. Section 5 of the Bill of Rights Act states, "Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." In his decision, Justice Heath declared that the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 which stripped all voting rights in general elections from prisoners was an unjustified limitation on the right to vote contained in s 12 of the Bill of Rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1993
The Human Rights Act 1993 is an Act of the Parliament of New Zealand that deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It came into force on 1 February 1994. The Act governs the work of the New Zealand Human Rights Commission. Legislative features The act outlawed discrimination on a wide variety of grounds, including: # Sex (including pregnancy and childbirth) # Marital status # Religious belief # Ethical belief # Colour # Race # Ethnic or national origins # Disability # Age # Political opinion # Employment status # Family status # Sexual orientation There are a significant number of caveats, including "genuine occupational qualification," "domestic employment in a private household," "to preserve reasonable standards of privacy," "national security" and "organised religion." The Act does not explicitly prohibit discrimination on the basis of gender identity, and the New Zealand ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zaoui V Attorney-General (No 2)
''Zaoui v Attorney-General (No 2)'' was the final judicial decision concerning Algerian refugee Ahmed Zaoui before the objections of the Security Intelligence Service concerning Zaoui's alleged threat to national security were withdrawn in September 2007, allowing him to remain in New Zealand. The judgment of the Supreme Court of New Zealand was concerned with the proper interpretation of article 33 of the United Nations Convention Relating to the Status of Refugees 1951 and section 72 of the Immigration Act 1987. Judgment Justice Keith delivered the Supreme Court's judgment. Article 33, Convention Relating to the Status of Refugees The Court began by noting that as Zaoui had been granted refugee status by the Refugee Status Appeals Authority in 2003 he was protected by article 33, paragraph 1, of the United Nations Convention Relating to the Status of Refugees 1951: 1. No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Act 1955
The Marriage Act is an Act of Parliament that was passed in 1955 in New Zealand and is administered by the Ministry of Justice. It repealed the Marriage Act 1908. Forbidden marriages, those between relatives and relatives in a civil union, are detailed in Schedule 2 of the Act. The Act led to some enactments by the Parliament of England and the Parliament of the United Kingdom to cease having an effect in New Zealand, the earliest being the Ecclesiastical Licences Act 1536. See also *Marriage in New Zealand *Civil union in New Zealand *Same-sex marriage in New Zealand Same-sex marriage in New Zealand has been legal since 19 August 2013. A bill for legalisation was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 Augus ... * Polygamy in New Zealand References {{Reflist External linksMarriage Act 1955- text of the Act Statutes of New Zealand 1955 in New Zealand law Marriage, un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage In New Zealand
Same-sex marriage in New Zealand has been legal since 19 August 2013. A bill for legalisation was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand became the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth overall to allow same-sex couples to marry. Civil unions have also been available for both same-sex and opposite-sex couples since 2005. The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and the Ross Dependency in Antarctica. The three other territories making up the Realm of New Zealand—the Cook Islands, Niue, and Tokelau—do not recognise same-sex marriage or civil unions. Civil unions Civil unions, were legalised for both same-sex and opposite-sex coup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simpson V Attorney-General
''Simpson v Attorney General'' 'Baigent's case''9943 NZLR 667 is a leading case in New Zealand regarding the New Zealand Bill of Rights Act, that upheld damages against the police for an unreasonable search. The case involved police who had been legally issued a search warrant relating to a drug bust but executed the warrant at the wrong address. Despite knowing the address was incorrect, the police continued to search the property. The family of the person who had been wrongfully searched sued the Crown arguing breaches of section 21 of the New Zealand Bill of Rights Act 1990, which protects against unreasonable search and seizure. Previously, no case had awarded damages for breaches of the New Zealand Bill of Rights Act and there was no mention of damages in the legislation itself. The Crown argued that they had immunity from prosecution or alternatively that if they did not have immunity, the plaintiffs were not entitled to any remedy other than a declaration of non-compliance ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Covenant 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). Compl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. Origins In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act. It also means that members of Parliament cannot be arrested on civil matters for statements made or acts undertaken as an MP within the grounds of the Palace of Westminster, on the condition that such statements or acts occur as part of a ''proceeding in Parliament''—for example, as a question to the Prime Minister in the House of Commons. This allows Members to raise questions or debate is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speaker Of The New Zealand House Of Representatives
Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In poetry, the literary character uttering the lyrics of a poem or song, as opposed to the author writing the words of that character; see Character (arts) Electronics * Loudspeaker, a device that produces sound ** Computer speakers, speakers sold for use with computers ** Speaker driver, the essential electromechanical element of the loudspeaker Arts, entertainment and media * Los Speakers (or "The Speakers"), a Colombian rock band from the 1960s * ''The Speaker'' (periodical), a weekly review published in London from 1890 to 1907 * ''The Speaker'' (TV series), a 2009 BBC television series * "Speaker" (song), by David Banner * "Speakers" (Sam Hunt song), 2014 * ''The Speaker'', the second book in Traci Chee's Sea of Ink and Gold ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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