Public Defence Service an Important Influence on Criminal Law Practice
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The Court of Appeal, 1958
The Court of Appeal, 1958 (from left) WSTICE CLEARY; WSTICE GRESSON, President; WSTICE BARROWCLOUGH, Chief Justice; WSTICE NORTH The Court of Appeal, 1968 (from left) JUSTICE McCARTHY; JUSTICE NORTH, President; JUSTICE WILD, Chief Justice; JUSTICE TURNER. Inset: Temporary judges of the Court of Appeal (left) JUSTICE WOODHOUSE; (right) JUSTICE RICHMOND. JUDGES AT WORK: THE NEW ZEALAND COURT OF APPEAL (1958-1976) BY PETER SPILLER* I. INTRODUCTION On 11 September 1957, the New Zealand Attorney-General, the Hon John Marshall, moved the second reading of the Bill for the establishment of a "permanent and separate" Court of Appeal. He declared that this was "a notable landmark in our judicial history and a significant advance in the administration of justice in New Zealand".! The Bill was duly passed and the Court commenced sitting in February 1958. In this article I shall analyse the reasons for the creation of the so-called "permanent and separate" Court of Appeal. I shall then examine the Court of Appeal judiciary, the relationship between the Court of Appeal and the Supreme Court, and the work of the Court of Appeal, during the tenures of the first four Presidents of the Court. I shall conclude by assessing the extent to which the expectations of the Court at its outset were realised in the period under review. The aim of this article is to provide insight into the personalities and processes that have shaped the development of the law in the highest local Court in New Zealand. II. GENESIS OF THE "PERMANENT AND SEPARATE" COURT OF APPEAL The New Zealand Court of Appeal existed as an effective entity from February 1863, when it commenced sitting in terms of the Court of Appeal Act 1862.2 The Court had been established in response to requests by the judges for a Court within New Zealand which would provide a level of appeal more accessible than that which lay to the Judicial Committee of the Privy Council in London.3 The Court was composed of all the judges of the Supreme Court. -
Year 9 Enrolment Information
HUMILITY INDUSTRY COURAGE INTEGRITYPRIDEHUMILITY Palmerston North Boys’ High School EstablishedRESPECT 1902 INDUSTRY YearHUMILITY 9 Enrolment RESPECT COURAGE InformationPRIDE COURA INTEG KEY STAFF MEMBERS RESPECT INTEGRITY PRIDERector Deputy Rector HUMILITYMr David Bovey Mr Gerard Atkin Senior Master Senior Master Senior Master Director of Teaching & Learning Mr Peter Truter Mr Grant Sinclair Mr Howard Pinder Mr Paul Gibbs RESPECTPRIDE Year 8 Dean / Careers Advisor Year 9 Dean Year 9 Dean Dean of Māori Student Achievement Dean of Pasifika Students INDUSTRYMr David Barwick Mr Jason Moore Mr Jason Cudby Mr Josh Strickland Mr Lifeimi Mafi COURAGE College House Manager Academic Dean Leadership Director School Counsellor School Counsellor Mr Matthew DavidsonINDUSTRMr Ken Benn Mr Anthony Lobb Mr YStephen Dawson Mr Brett Greer Sport and Cultural Dean / Student Support Sport Development Coordinator Mrs Barbara Shorter INTEGMr Scott Davidson R CONTENTS Chapter 1: General Information Vision 2 School Profile and Board of Trustees 2 Our Philosophy of Educating Young Men 3 Our Graduate Profile 4 Our Code 5 Awards and Scholarships 6 Clubs 6 Pool and Gymnasium 6 Times, Dates and Attendance 7 School Donations and Payments 7 Getting to School 7 Class Organisation and Courses 8 Staff 9 - 10 School Uniform Supply and Price List 11 Sports Uniform Price List 11 Uniform Shop Times 12 Uniform Shop Appointments 12 Second Hand Uniforms 12 Fundamental School Rules 13 Basic School Rules 14 - 16 Obtaining Further Information 17 Enrolment Scheme Zoning 17 - 19 Chapter -
The New Zealand Army Officer Corps, 1909-1945
1 A New Zealand Style of Military Leadership? Battalion and Regimental Combat Officers of the New Zealand Expeditionary Forces of the First and Second World Wars A thesis provided in fulfilment of the requirements for the degree of Doctor of Philosophy in History at the University of Canterbury, Christchurch, New Zealand Wayne Stack 2014 2 Abstract This thesis examines the origins, selection process, training, promotion and general performance, at battalion and regimental level, of combat officers of the New Zealand Expeditionary Forces of the First and Second World Wars. These were easily the greatest armed conflicts in the country’s history. Through a prosopographical analysis of data obtained from personnel records and established databases, along with evidence from diaries, letters, biographies and interviews, comparisons are made not only between the experiences of those New Zealand officers who served in the Great War and those who served in the Second World War, but also with the officers of other British Empire forces. During both wars New Zealand soldiers were generally led by competent and capable combat officers at all levels of command, from leading a platoon or troop through to command of a whole battalion or regiment. What makes this so remarkable was that the majority of these officers were citizen-soldiers who had mostly volunteered or had been conscripted to serve overseas. With only limited training before embarking for war, most of them became efficient and effective combat leaders through experiencing battle. Not all reached the required standard and those who did not were replaced to ensure a high level of performance was maintained within the combat units. -
High Court of New Zealand Decisions
3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Home | Databases | WorldLII | Search | Feedback High Court of New Zealand Decisions You are here: NZLII >> Databases >> High Court of New Zealand Decisions >> 2020 >> [2020] NZHC 419 Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) Last Updated: 6 March 2020 IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV-2019-404-001730 [2020] NZHC 419 BETWEEN MICHAEL JOHN SMITH Plaintiff AND FONTERRA CO-OPERATIVE GROUP LIMITED First Defendant GENESIS ENERGY LIMITED Second Defendant DAIRY HOLDINGS LIMITED Third Defendant /Contd... Hearing: 3-4 February 2020 Appearances: D Salmon and D Bullock for Plaintiff D Kalderimis and N Swan for First Defendant S J P Ladd and B A Keown for Second Defendant J M Appleyard and A Hill for Third Defendant D T Broadmore and A N Birkinshaw for Fourth Defendant T Smith and A Lampitt for Fifth Defendant A J Horne and O K Brown for Sixth Defendant R J Gordon and A M B Leggat for Seventh Defendant Judgment: 6 March 2020 RESERVED JUDGMENT OF WYLIE J www.nzlii.org/nz/cases/NZHC/2020/419.html 1/28 3/6/2020 Smith v Fonterra Co-Operative Group Limited [2020] NZHC 419 (6 March 2020) This judgment was delivered by Justice Wylie On 6 March 2020 at 11.30 am Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar Date:............................. -
PASSING the TORCH New Zealand’S New Chief Justice and Law Society President
ISSUE 927 · APRIL 2019 PASSING THE TORCH New Zealand’s new Chief Justice and Law Society President The The Harmful Digital A rare honour: Government's Viagogo Communications Queen's lawman: David case Counsel in Parker, Attorney New Zealand General Page 35 Page 42 Page 46 Page 72 You can count on us. M2 protected with area replacement cover: * 8 4 2 9 7 4 0 8,429,740. That’s the square Talk to us about our house, meterage of buildings that MAS contents and car insurance Members have covered by our Area Replacement house insurance today by calling 0800 800 627 option, without having to worry or visit mas.co.nz about getting the cost to rebuild their house wrong. *Count based on recorded policy data as at 30 Sept 2017. Please see the full policy wordings which are available at All they need to do is to tell us how mas.co.nz or by calling 0800 800 627. big the house is and to count on us MAS is a Qualifying Financial Entity (QFE) under the Financial Advisers Act 2008. Our QFE disclosure statement to look after the rest. is available at mas.co.nz or by calling 0800 800 627. Meet your new CDD partner Evaluate. Secure. Guard. For local and global protection, talk to the people that live and breathe trade marks. zone law intellectual property and business law First AML is more than just a third evaluate party service. Understanding your secure zone ip guard business and your customers, we’re the right partner for your Customer FIRST Due Diligence requirements.FIRST FIRST FIRST FIRST AML FIRSTAML.CO.NZ AML WGTN +64 4 801 5040 I AKL +64AML 9 352 -
Vietnam War Veterans Were Analysed to Build Themes from Patterns in the Men’S Talk About Coping with War and Life Afterwards
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Home from War A thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Psychology at Massey University, Auckland Veronica Hopner 2014 Abstract Home from War is an account of which factors strengthen and aid coping with the impact of war, combat experiences and military service post-war for New Zealand veterans. While there is extensive and valuable research into combat-related stress reactions, and Posttraumatic Stress Disorder, little attention has been given to what might support veterans’ abilities to cope with war experiences across the life span. Oral histories of 25 First World War veterans, 25 Second World War veterans, and 20 Vietnam War veterans were analysed to build themes from patterns in the men’s talk about coping with war and life afterwards. Thematic analysis was used to identify, analyse, interpret and summarise themes or patterns in the qualitative data. Three themes were identified. ‘Personal growth and development’ is a discussion of the psychological and emotional growth which occurred from benefits of military service. Such growth included emotional and intellectual maturity, independence and tolerance which developed from experiences of travel, general positive effects of military service and Posttraumatic Growth. ‘Social regard and status’ was found to be important to facilitate veterans’ return from war, especially genuine positive acknowledgement expressed at social and political levels through rehabilitation assistance, social respect and sites of remembrance. -
Accessing New Zealand's Civil Courts As a Litigant in Person
University of Otago Faculty of Law Keeping Up Appearances: Accessing New Zealand’s Civil Courts as a Litigant in Person Bridgette Toy-Cronin A thesis submitted for the degree of Doctor of Philosophy 31 July 2015 Abstract It is commonly believed that more and more people are going to court without a lawyer, both in New Zealand and in other common law jurisdictions. The right to appear in court in person is essential to the legitimacy of the courts. That legitimacy would be harmed if the courts were only accessible to those with the means to pay for legal representation. When litigants take up their right to appear in person, they encounter a system primarily designed for lawyers, however. So they confront a fundamental contradiction: the courts must appear to be accessible to litigants but they cannot grant too much access or they will be choked by the demand. Furthermore, the right of access in person lacks substance in many cases, because the system cannot easily be navigated without a lawyer. Using several qualitative methods including interviews, document review and participant observation, this thesis asks, first, why are litigants going to New Zealand’s civil courts without a lawyer? Second, what is their experience of litigating in person? Third, how do the inhabitants of the court system – the judges, lawyers and court staff – perceive litigants in person and respond to them? The research participants included litigants in person (LiPs) (34), court staff (8), lawyers (16) and judges (13), so that their different perspectives could be considered. The study began with a detailed exploration of the perspectives of LiPs, who participated either in interviews or via a case study. -
The 3Rd New Zealand Division and Operation ‘Squarepeg’
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. “With the utmost precision and team play”: The 3rd New Zealand Division and Operation ‘Squarepeg’ A thesis presented in partial fulfilment of the requirements for the Master of Arts (Defence & Strategic Studies) by Shaun Mawdsley Centre for Defence and Security Studies College of Humanities and Social Sciences Massey University 2013 ABSTRACT This thesis examines the influences and course of the 3rd New Zealand (NZ) Division’s preparations for Operation ‘Squarepeg’ in the Green Islands, in February 1944. It argues that as the largest New Zealand amphibious operation of the Second World War, ‘Squarepeg’ holds a key place in identifying the development of amphibious and jungle warfare doctrine within the New Zealand Army during the war. As such, it can indicate the abilities of the 3rd NZ Division to conduct combat operations in the South Pacific in 1944. The thesis shows that the New Zealand Army was unprepared for operations in the South Pacific, as it had neglected relevant inter-war developments. The hasty formation of the 3rd NZ Division in 1942, as a response to Japanese expansion in the South Pacific, served to highlight the challenges that the division and its commander, Major-General Harold Barrowclough, had to overcome. The studying of foreign doctrine to supplement the dearth of New Zealand material was vital for the 3rd NZ Division’s preparations for deployment. -
REVIEWS Peter Lineham Paints with a Broad Brush Indicating That the Word
REVIEWS Peter Lineham paints with a broad brush indicating that the word 'church' is not a monochrome term. At some points the essay is impressionistic and additional documentation would have strengthened it. He gives examples of the way in which both churches and the state have shared mutual concerns, such as the delivery of social welfare, and on other occasions have been on opposite sides, such as the Bible-in-schools debate. He describes churches as operating most successfully 'as interest or pressure groups' encompassing within themselves considerable diversity. When their prophetic concerns have been voiced on issues such as the Vietnam war and the 1981 Springbok tour they have sometimes ruffled the feathers of both governments and some of their own members. The voice of the Church is increasingly fragmented and weak as a result of secularization and the post-Christendom age in which they operate. The Hikoi of Hope, led by Anglicans in 1998 as a protest against growing inequalities in New Zealand, is a reminder that the relationship between 'God and government' and issues to do with religion and the state have continuing importance for New Zealand society. This volume is a timely reminder that historians need to be careful that their own secular lenses do not filter out these dimensions from the way that they see the past and the present. ALLAN DAVIDSON Si John's College, Auckland Kia Kaha: New Zealand in the Second World War. Edited by John Crawford. Oxford University Press, Auckland, 2000, 330 pp. NZ price: $39.95. ISBN 0-19555-84'38-4. -
New Zealand Law Society 1869-2019
A Changing Profession NEW ZEALAND LAW SOCIETY 1869-2019 BY GEOFF ADLAM 18 LAWTALK 932 · SEPTEMBER 2019 NEW ZEALAND LAW SOCIETY ◂ Portrait of Sir James Prendergast, ca 1890–1900 Ref: 1/2-031752-F. Alexander Turnbull Library, Wellington, New Zealand On 20 November the New Zealand Law Society Act 1869 Amendment Act 1877 makes it lawful for Law Society members to form a district law society in any Supreme Court district and to elect a Council. The New Zealand Jurist says the number of legal prac- titioners in New Zealand is 225. 1869 1870 1875 1876 1877 On 19 February by warrant James Prendergast is the Governor appoints a appointed Chief Justice. As 12-man Council with James far as can be determined, Prendergast, Attorney- no successor as President General, as President. was appointed. On 3 September Parliament passes the New Zealand Law Society’s Act 1869, for all bar- risters and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the name of style of ‘The New Zealand Law Society’.” The New Zealand Law Society is the second lawyers’ organisation to come into exist- ▸ New Zealand Law ence. On 16 October 1868 the Canterbury Society’s Act 1869 District Law Society was established at a New Zealand Acts As meeting in Christchurch. Enacted, NZLII 19 NEW ZEALAND LAW SOCIETY SEPTEMBER 2019 · LAWTALK 932 ◂ Sir Āpirana Ngata, photographed in 1910 by Herman John Schmidt Ref: 1/1-001566-G. -
A Conference to Mark the Retirement of the Chief Justice
A CONFERENCE TO MARK THE RETIREMENT OF THE CHIEF JUSTICE Thursday 31 January, Friday 1 February 2019 Fisher & Paykel Auditorium, Symonds St, Auckland The Legal Research Foundation, supported by the the Chief Justice’s career. We are holding a Law Foundation, is pleased to invite you to take unique two-day conference featuring a faculty part in a conference to mark the retirement of the of prominent international and national speakers. Chief Justice of New Zealand. It will open with a pōwhiri at Waipapa Marae (University of Auckland) at 4pm on Wednesday, This important event is the principal opportunity 30 January 2019 and will close with a dinner on for the New Zealand legal profession to honour Friday, 1 February 2019 at the Auckland Museum. Featuring a distinguished faculty of national and international speakers including: Justice Professor Stuart Manuel Cepeda Chief Justice Dame Judge Nancy Rosalie Abella Banner Espinosa Sian Elias Gertner Chief Justice Sir Anthony Mason Kate O’Regan Professor Cheryl Professor Jeremy Susan Kiefel Saunders Waldron The conference includes the following main themes: • Common Law Constitutionalism • Topics in Private Law • Law and Power on the Frontier • Where to for Indigenous Rights • The Supervisory Jurisdiction and and Reconciliation? Administrative Justice • Criminal Law • Environmental Justice and • Human Rights Climate Change • Judging For more information and to register: www.legalresearch.org.nz/events | [email protected] | (09) 923 6035 The Legal Research Foundation is grateful for the -
The Law School Farewells Nin Tomas and Others Khylee Quince: National Tertiary Teaching Excellence Award Winner Student Mooting Thrives CONTENTS MKT 14/131
EdenFACULTY OF LAW ANNUAL 2014 Crescent The Law School Farewells Nin Tomas and Others Khylee Quince: National Tertiary Teaching Excellence Award Winner Student Mooting Thrives CONTENTS MKT 14/131 Eden Crescent From the Dean ..................................................................... 3 VISITORS Clive Walker on Protective Security Against Terrorism . 23 The University of Auckland Faculty of Law FEATURES Bringing the United Nations to Auckland to Enhance Alumni magazine Farewell to Nin Tomas ........................................................ 4 the Rights of Indigenous Peoples Worldwide ................. 24 Khylee Quince: National Tertiary Teaching Professor Barry Cushman on the “Lochner Era” ............ 25 Editor: Julia Tolmie Excellence Award Winner .................................................. 6 Visitors in Brief ...................................................................... 25 Editorial support: Alison Lees, Andrew Stockley Professor John Carter on the Construction of Contracts 26 and Rebecca Baylis FACULTY NEWS “When Freedoms Collide”: Professor Helen Alvare’ ..... 26 Design/Production: The University of Auckland Appointments ........................................................................ 8 Approachable Professor Thrives on the Challenge Cover photo: Khylee Quince Promotions ............................................................................. 8 of Complex Research ........................................................... 27 Photographer: Scott Optican Farewell to Pam Ringwood ................................................