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Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.
This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
Youth Justice in New Zealand critiques law, theory and practice in the New Zealand youth justice system. Reflecting on the unique challenges of children and youth, it analyses the principles, legislation and policies governing the operation of the youth justice system including practice and procedure in the distinctive Youth Court jurisdiction. This third edition discusses developments since the second edition was published in 2016. It brings the text up-to-date with the youth justice age being raised to 18 for most offences; the new operating model and Ministry for Children/Oranga Tamariki, and the updated theoretical framework of the legislation. Case law and wider analysis have been updated throughout each chapter. An entirely new chapter considers the place of children and young persons in the adult criminal justice system. Youth Justice in New Zealand (3rd edition) is the essential black letter law research and reference point for youth advocates, practitioners, academics, and members of the judiciary.
This book contains a section-by-section analysis of the Act, and allows for quick and easy reference to discussion on the new evidence regime and recent case law, as well as comparative analysis of the previous laws of evidence. In addition, the text includes the Evidence Regulations 2007 and incorporates amendments by the Evidence Amendment Act 2007. Written by a team of respected New Zealand academics the text provides expert analysis not otherwise available in any existing New Zealand legal book.
Extradition Law in New Zealand is a descriptive and analytical statement of the laws and court practices of extradition in New Zealand. It aims to simplify the complex conditions and processes of extradition and balancing of criminal activity and the human rights of the person whose extradition is requested while following a logical progression of extradition proceedings. This is the first text focussed on extradition in a domestic context. It includes in-depth analysis of the Minister of Justice v Kyung Yup Kim [2019] NZSC 100 case and will incorporate the forthcoming Kim Dotcom Supreme Court decision.
Annotated High Court Rules is designed to provide the busy practitioner with a single-volume guide to bringing a civil case in the High Court. It contains all the High Court Rules and associated commentary, taken from the authoritative online service Sim's Court Practice. The fourth edition of what was previously titled New Zealand Procedure Manual: High Court, includes the Rules requiring the headings of Court documents to include the name of the registry in te reo Maori, changes stemming from the entry into force of the Interest on Money Claims Act 2016, updated references regarding the change from the Judicature Act 1908 to the Senior Courts Act 2016 being, and updates on the Senior Courts (Access to Court Documents) Rules 2017 which amend the High Court Rules 2016.
In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.