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The New Zealand Law Style Guide seeks to remedy the inconsistent use of styles and provide a unified framework which the Courts, law schools, legal practices and legal publishers can follow.
Courtroom Procedure in New Zealand provides excellent guidance to new practitioners on the way in which the courtroom operates and on the role of the advocate, including advice on how to run a defended case in the District Court and tips on effective pleas in mitigation. There is also advice on relationships with other practitioners and the judiciary. The fourth edition of this popular title has been revised to incorporate significant developments in the legal system including the tightening up of legal aid grants and wide-reaching changes brought about by the Criminal Procedure Act 2011. Proposed reforms of the Family Court and how they may affect the court system are also discussed.
Contains papers presented at a conference entitled "Roles and perspectives in the law" held in April 2002 at Victoria University of Wellington Law School honouring Sir Ivor Richardson upon his retirement as President of the Court of Appeal. Covers eight distinct and contrasting areas of law, the juxtaposition of which illustrates the underlying principles, tensions, and values that run through the law. Includes sections on taxes and commercial regulation.
The settlement of iwi claims under the Treaty of Waitangi has drawn international attention, as other nations seek ways to build new relationships between indigenous peoples and the state. Here leading scholars consider the impact of Treaty settlements on the management and ownership of key resources (lands, forests and fisheries); they look at the economic and social consequences for Māori, and the impact of the settlement process on Crown–Māori relationships. And they ask ‘how successful has the settlement process been?'
An uncompromising appraisal of the unique penal crisis affecting Britain and other Western-style democracies.
The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp
The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
What is restorative justice ... and does it work? These are just two of the many questions posed by David J Cornwell in this incisive work. Based on a lifetime of research and experience it deals with the concerns about crime and punishment of that most vivid of judicial creations, ‘The Man or Woman on the Clapham Omnibus’. As the author explains, this human reference point for reason and good sense is likely to be far more receptive to sound explanation and argument than the media (and tabloid press in particular) might give credit. And after all, it is his or her taxes which are being routinely wasted on outmoded or discredited methods. Crime will not disappear through the application of heavy-handed sanctions. Indeed, they make matters worse. With prisons overflowing in many western countries, restorative justice offers a better and ultimately more intuitive solution. Cornwell dismantles the traditional arguments for ‘locking people away’ and undermines the idea that it is necessary to be ‘tough on crime’. The book credits people with a higher level of intelligence. It provides them with proper answers and explanations based on sound data, copious research and an in-depth analysis of existing trends. It is a work for people who value credibility rather than politically-driven excuses with their increasingly damaging effects.