Youth Court Of New Zealand
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Youth Court Of New Zealand
The youth justice system in New Zealand consists of organisations and processes that deal with offending by children aged 10–13 years and young people aged 14–16 years. These differ from general criminal processes, and are governed by different principles. Law governing child and youth justice Historical context New Zealand has historically focused on a welfare model for youth offenders, which put the child's needs at the forefront. This often involved taking the child away from their family and by putting them into institutions. The Children, Young Persons, and Their Families Act 1989 (CYPTFA) signified a shift away from this to a family-based process and justice model, which views state intervention as a last resort. The argument supporting this was that the community needed to be kept together, and these ties were important for helping youth. Current domestic context New Zealand legislation differentiates justice processes for under-17-year-olds. The CYPTFA gover ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Oranga Tamariki Act 1989
The Oranga Tamariki Act 1989 or Children's and Young People's Well-being Act 1989 (titled the Children, Young Persons, and Their Families Act 1989 prior to 14 July 2017) is an Act of the New Zealand Parliament that was passed in 1989. The Act's main purpose is to "promote the well-being of children, young persons, and their families and family groups." In June 2017, the New Zealand Parliament passed amendment legislation renaming the bill the Oranga Tamariki Act 1989. Key provisions Considered to be groundbreaking legislation at the time, the Act introduced the Family Group Conference (FGC) as a means of making decisions about a child or young person that did not involve a Court Hearing. The Act set out procedures for the removal of abused children from their parent's care, making the best interests of the child the first consideration. It also set out procedures for dealing with youth offenders, making arrest and imprisonment interventions of last resort. Although Police in ...
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New Zealand Bill Of Rights Act 1990
The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the Attorney-General to provide a report to parliament whenever a bill is inconsistent with the bill of rights. The High Court of New Zealand in '' Taylor v Attorney-General'' issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been unjustified under NZBORA. On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration, and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations. History ...
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Carolyn Henwood
Dame Carolyn Henwood (née Griffiths; born 19 September 1946) is a former District and Youth Court judge in New Zealand, and an advocate for youth justice and the welfare of children in state care. She is active in the arts, particularly theatre and was a founder of Circa Theatre in Wellington. Early life and family Henwood was born Carolyn Griffiths in Wellington on 19 September 1946. She was educated at Queen Margaret College in Wellington, and graduated with Bachelor of Laws from Victoria University of Wellington in 1971. In 1969, she married actor Ray Henwood, and they had one son, television host and comedian Dai Henwood. Career While a law student, Henwood worked as a law clerk at the Wellington firm of Buddle Anderson and Kent. In 1970, she moved to a smaller firm, Olphert and Bornholdt, where she undertook mainly commercial work, and was made a partner in the firm, which became known as Olphert, Wilson, Henwood and Perry, in 1975. Henwood was appointed to the ...
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Rebuttable Presumption
In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed innocent until proven guilty. It is often associated with '' prima facie'' evidence. Criminal law Rebuttable presumptions in criminal law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases. For example, in the United 4C Section 75of the Sexual Offences Act 2003 makes several rebuttable presumptions about mens rea and consent to sexual activity. In some cases, a rebuttable presumption can also work in favor of the accused. For instance, in Australia, there is a rebuttable presumption that a child aged at least 10 but less than 14 is incapable of committing a criminal act. Civil law An example from civil law is a rebuttable presumption for shared parenting after divorce, where the defa ...
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Incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption, or lineage. It is strictly forbidden and considered immoral in most societies, and can lead to an increased risk of genetic disorders in children. The incest taboo is one of the most widespread of all cultural taboos, both in present and in past societies. Most modern societies have laws regarding incest or social restrictions on closely consanguineous marriages. In societies where it is illegal, consensual adult incest is seen by some as a victimless crime. Some cultures extend the incest taboo to relatives with no consanguinity such as milk-siblings, step-siblings, and adoptive siblings, albeit sometimes with less intensity. Third-degree relatives (such as half-aunt, half-nephew, first cousin) on average have 12.5% common geneti ...
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Sentencing Act 2002
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been ...
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United Nations Convention On The Rights Of The Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for supervising the implementation of the Convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on their progress regard ...
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Family Group Conference
A Family Group Conference (FGC), is a mediated formal meeting between family members and other officials such as social workers and police in regards to the care and protection or criminal offending of a child or adolescent. FGCs originated in New Zealand, and were originally used to allow social work practice to work with and not against Māori values and culture. The Children, Young Persons, and Their Families Act 1989 made them a central part of practice and services where serious decisions about children are to be made. The Family Group Conference is where the whole whānau (family & extended family members), can help and make decisions about the best way to support the family and take care of their child. It is a formal meeting in which the family, the whānau of the child, and professional practitioners work closely together to make a decision that best meet the needs of the child. The process has four main stages, which includes a meeting where professionals inform the ...
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District Courts Of New Zealand
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions of municipalities, school district, or political district. By country/region Afghanistan In Afghanistan, a district ( Persian ps, ولسوالۍ ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. New South Wales had several different types of districts used in the 21st century. Austria In Austria, the word is used with different meanings in three different contexts: * Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district administrative offices (). The area a dis ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (which ...
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Law Enforcement In New Zealand
The New Zealand Police ( mi, Ngā Pirihimana o Aotearoa) is the national police service and principal law enforcement agency of New Zealand, responsible for preventing crime, enhancing public safety, bringing offenders to justice, and maintaining public order. With about 13,000 personnel, it is the largest law enforcement agency in New Zealand and, with few exceptions, has primary jurisdiction over the majority of New Zealand criminal law. The New Zealand Police also has responsibility for traffic and commercial vehicle enforcement as well as other key responsibilities including protection of dignitaries, firearms licensing, and matters of national security. Policing in New Zealand was introduced in 1840, modelled on similar constabularies that existed in Britain at that time. The constabulary was initially part police and part militia. By the end of the 19th century policing by consent was the goal. The New Zealand Police has generally enjoyed a reputation for mild polici ...
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