Questions tagged [new-zealand]
The sovereign nation east of Australia.
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Were the Christchurch gunman's guns really Category A?
Many people are in a state of shock at the moment after one of the worst mass shootings occurred in Christchurch, New Zealand. The incident has only just occurred, but there are many questions about ...
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Is it an error for a judge to not consider all pieces of evidence?
A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions).
The judge is presented with a set of pieces of ...
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Why would a party to civil proceeding suggest amicus curiae (counsel assisting the court)?
A defendant in a civil proceeding chooses to play no active part and says they will abide the court's decision.
However, they add that because "the Court is left with no active contradictor in the ...
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Driver's liability for friend passenger's losses in an accident
Alice and Bob are friends. One day they decide to go on a road trip in Bob's car.
It has started freezing and the road may be icy. Bob drives below the speed limit and applies some extra care that he ...
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Meaning of "apart from this section"
Reading Crown Proceedings Act 1950 I came across a use of the phrase "apart from this section" which I can't make much sense of:
14 Method of making Crown a party to proceedings
(1) Subject to ...
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Are indemnity agreements common with family lawyers?
I asked a law firm to prepare a separation agreement for me. I already paid them about half of the costs.
Now they insist that I'm entitled to much more than we agreed to with my ex-partner. I'm fine ...
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Is it illegal for a driver to ask a young lady to get in?
This question has been induced by this news where the police is apparently searching for a driver who asked a 16-year-old lady to get into his car.
The age of consent in New Zealand is 16, therefore ...
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Do US laws apply worldwide? Which US laws apply worldwide?
Do US laws apply worldwide?
Kim Dotcom, never in USA, yet court proceedings for extradition from New Zealand to USA ongoing.
A Chinese arrested in Canada during layover for breaking US sanctions law.
...
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Standard of proof required to prevent dismissal of criminal charge before trial
In New Zealand, a judge may dismiss a criminal charge before trial if "the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant" (CPA s147(4)...
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Are lawyers generally discouraged to give high level/strategic legal advice?
Seven working days ago I emailed eight lawyers based in a medium-sized New Zealand city and specialized in criminal law. The emails were:
Dear Firstname Lastname,
I am seeking legal advice as a ...
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Do judges get penalised when their decisions are quashed by a higher court?
In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in ...
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Getting courts to reconsider judgment when new evidence crops up
Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
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Will I have to appear in court or another proceeding about a suicide I discovered?
I was riding my bike to work, and found someone lying in the grass on public land (the road verge) not private property. He appears to have died of his own intentional actions.
The police were called,...
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How can plaintiff/prosecutor hold the court to account if it intentionally stalls proceeding?
When the ball in court proceedings is on the judge's side, i.e. the judge is taking their time to work out directions/decisions, and it takes too long — what legal recourse does the plaintiff or ...
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Do citizens of the Cook Islands automatically have New Zealand residency?
I am wondering about the residency requirements for New Zealand. Do citizens of the Cook Islands automatically have New Zealand residency?
I know that New Zealand citizenship is not automatic and has ...
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