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Taunoa V Attorney-General
''Taunoa v Attorney-General'' was a case in the Supreme Court of New Zealand concerning breaches of prisoners' New Zealand Bill of Rights Act 1990, Bill of Rights protected rights by the Department of Corrections (New Zealand), Department of Corrections in the Behaviour Management Regime programme at Auckland Prison between 1998 and 2004. Behaviour Management Regime In March 1998, 25 prisoners had taken over their cellblock and started fires in protest against new cell search policies at Auckland Prison, known as Paremoremo Prison. In response to the Prison riot, riot the Department of Corrections instituted and operated from 1998 to 2004 a programme at the prison known as the "Behaviour Modification Regime" and later "Behaviour Management Regime" (BMR).''Taunoa v Attorney-General'' [2007] NZSC 70 at [1]. The programme was designed to deter bad behaviour of difficult to control prisoners through principles of Behavior modification, behaviour modification and involved a progress ...
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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 The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016.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 ...
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Department Of Corrections (New Zealand)
The Department of Corrections (Māori: ''Ara Poutama Aotearoa'') is the public service department of New Zealand charged with managing the New Zealand corrections system. Corrections' role and functions were defined and clarified with the passing of the Corrections Act 2004. In early 2006, Corrections officially adopted the Māori name ''Ara Poutama Aotearoa''. History The Department of Corrections was formed in 1995, by the Department of Justice (Restructuring) Act 1995. Prior to 1995 the country's prisons, probation system and the courts were all managed by the Department of Justice. This new act gave management of prisoners, parolees and offenders on probation to a new Department of Corrections while leaving administration of the court system and fines collection with the Ministry of Justice. The intention was to enable the new department to improve public safety and assist in the rehabilitation and reintegration of offenders. In 2000, an approach based on enhanced computeris ...
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Supreme Court Of New Zealand Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme The Oldsmobile Cutlass Supreme is a mid-size car produced by Oldsmobile between 1966 and 1997. It was positioned as a premium offering at the top of the Cutlass range. It began as a trim package, developed its own roofline, and rose during the mi ..., car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See ...
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2007 In New Zealand Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit f ...
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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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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ...
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Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous ...
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Office Of The Ombudsman (New Zealand)
The Ombudsman is an officer of the New Zealand Parliament to independently look into complaints. The core jurisdiction of the office is cases of maladministration, but it has been progressively expanded over the years to cover complaints under the Official Information Act 1982 and Local Government Official Information and Meetings Act 1987, whistleblower complaints under the Protected Disclosures Act 2000, and it is one of New Zealand's national preventive mechanisms under the Optional Protocol to the Convention against Torture. Ombudsmen are appointed by the Governor-General of New Zealand on recommendation from the New Zealand House of Representatives for a term of five years. The current Chief Ombudsman is Peter Boshier. History The idea of establishing an ombudsman in New Zealand goes back to early 1961 when the Second National Government circulated a paper proposing to do so, based on the Scandinavian model. The idea was received with skepticism by the public service. In ...
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Behavior Modification
Behavior modification is an early approach that used respondent and operant conditioning to change behavior. Based on methodological behaviorism, overt behavior was modified with consequences, including positive and negative reinforcement contingencies to increase desirable behavior, or administering positive and negative punishment and/or extinction to reduce problematic behavior. It also used Flooding desensitization to combat phobias. Applied behavior analysis (ABA)—the application of behavior analysis—is the current term and is based on radical behaviorism, which refers to B. F. Skinner's viewpoint that cognition and emotions are covert behavior that are to be subjected to the same conditions as overt behavior. Description The first use of the term behavior modification appears to have been by Edward Thorndike in 1911. His article ''Provisional Laws of Acquired Behavior or Learning'' makes frequent use of the term "modifying behavior". Through early researc ...
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Prison Riot
A prison riot is an act of concerted defiance or disorder by a group of prisoners against the prison administrators, prison officers, or other groups of prisoners. Prison riots have not been the subject of many academic studies or research inquiries. The analyses that do exist tend to emphasize a connection between prison conditions (such as prison overcrowding) and riots, or discuss the dynamics of the modern prison riot. In addition, a large proportion of academic studies concentrate on specific cases of prison riots. Other recent research analyzes and examines prison strikes and reports of contention with inmate workers. Prison conditions In the late 20th century, the analyses and conclusions presented to account for prison disturbances and riots began to shift and change based upon new studies and research. Initially, prison riots were considered irrational actions on the behalf of the prisoners. Nevertheless, there has been a shift in the form of explanation as external co ...
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Auckland Prison
Auckland Prison (original name Paremoremo Prison, colloquially Pare, pronounced "Par-re") is a prison facility consisting of medium security and maximum security compounds in Paremoremo, Auckland, New Zealand. The two compounds are separate but located close together in a rural area. The prison contains New Zealand's only specialist maximum-security unit, housing some of the most severe criminals in the country. Its old names of 'Paremoremo' and 'Pare' are still well-known and used throughout New Zealand. Organisation Facilities Auckland Prison has beds for 680 prisoners. It includes the medium-security Auckland West division, built in 1981 to relieve crowding at other institutions, particularly at Mount Eden Prison; a minimum security work and pre-release unit called ''Te Mahinga''; and a 60-bed special treatment unit for child sex offenders, called ''Te Piriti''. Within the maximum security prison, the section formerly called 'D Block' has a harsh reputation. Conditions i ...
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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 ...
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