Dunlea V Attorney-General
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Dunlea V Attorney-General
Dunlea v Attorney-General 000NZCA 84; 0003 NZLR 136; (2000) 18 CRNZ 1; (2000) 5 HRNZ 707 is a cited case in New Zealand regarding breaches of Bill of Rights Act civil claims in tort Background The police were looking for a suspect that had just committed an armed robbery. Police were told that he lived in the "back flat" of an address, and a search warrant was duly drafted. However, when they came to the address, it was hard to determine which was the "back flat", which was unfortunate for the 3 occupants of the front flat, as well as their 3 visitors. The 6 occupants had firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...s pointed at them, searched, and forced to lay on the ground, while the police proceeded to arrest the armed robbery suspect who was in the other flat. ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand () is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court of New Zealand, Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court of New Zealand, High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permane ...
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Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council. Education He was a student at Timaru Boys' High School, Timaru, New Zealand. He graduated from Canterbury University College (now the University of Canterbury), Christchurch, in 1949 with an LL.B. degree. He went on to study at the University of Michigan in the United States, from where he graduated with an LL.M. degree and an SJD degree. Career Richardson was a partner in the Invercargill firm of Macalister Brothers from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 and 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. After a period back in public practice in Wellington he was appointed as a judge in the Hi ...
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Thomas Munro Gault
Sir Thomas Munro Gault ( zh, c=高禮哲, 31 October 1938 – 19 May 2015) was a New Zealand jurist. He was a Justice of the Supreme Court of New Zealand and a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong. He was also a justice of the Supreme Court of Fiji. Gault attended Wellington College and graduated with a Master of Laws degree from Victoria University of Wellington. After graduation, he was a member of the law firm A J Park & Son for 20 years. In 1981, he began practising as a barrister sole, and in 1984 he was appointed a Queen's Counsel. His first appointment to the bench was as a Judge of the High Court in 1987, followed three years later by being made a member of the Court of Appeal. He was appointed President of the Court of Appeal in May 2002. In the 2001 New Year Honours, Gault was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary ...
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Ted Thomas (judge)
Sir Edmund Walter Thomas (born 1934) is a New Zealand jurist. He is a retired judge of the Court of Appeal of New Zealand and a former acting judge of the Supreme Court of New Zealand. Biography Born in 1934, Thomas was educated at Feilding High School, Feilding Agricultural High School and Victoria University of Wellington, Victoria University College graduating with a Bachelor of Arts, BA and Bachelor of Laws, LLB in 1956, and the higher doctorate Legum Doctor, LLD in 2009. He was admitted to the bar as a barrister and solicitor of the High Court of New Zealand, Supreme Court (later the High Court) of New Zealand. Following many years as a partner at New Zealand law firm Russell McVeagh, he became a barrister sole and was appointed List of King's and Queen's Counsel in New Zealand, Queen's Counsel in 1981. In 1989 and 1990, he was President of the New Zealand Bar Association, and in 1990 he was appointed to the Bench (law), bench of the High Court of New Zealand. In 1995 he w ...
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Kenneth Keith
Sir Kenneth James Keith (born 19 November 1937) is a New Zealand judge. He was elected to the International Court of Justice in November 2005, serving a nine-year term during the years 2006 through 2015. Keith was educated at the Auckland Grammar School and studied law at the University of Auckland, Victoria University of Wellington, and Harvard Law School. He was a faculty member of Victoria University from 1962 to 1964 and from 1966 to 1991. He served in the New Zealand Department of External Affairs during the early 1960s, and as a member of the United Nations Secretariat from 1968 to 1970. After this, he was Director of the New Zealand Institute of International Affairs and later became President of the New Zealand Law Commission. He was also a member of the Royal Commission on the Electoral System which was key in changing New Zealand's electoral system. In 1993, he was a member of the Working Party on the Reorganisation of the Income Tax Act 1976 which was instr ...
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Peter Blanchard
Sir Peter Blanchard (born 2 August 1942) is a former judge of the Supreme Court of New Zealand. Biography Blanchard was born in the Auckland suburb of Epsom on 2 August 1942, the son of Cyril and Zora Blanchard. His father served as a flying officer with the Royal New Zealand Air Force during World War II, and died during air operations over Germany on 26 May 1943. In 1968, Blanchard received a Master of Laws degree from the University of Auckland Law School. He was then awarded a Fulbright Scholarship and a Frank Knox Memorial Fellowship from Harvard Law School where he received a master's degree in law. He specialized in commercial, insolvency and property law as a partner at the Auckland law firms of Grierson Jackson & Partners (1968–1983) and Simpson Grierson (1983 to 1992). In 1992, Blanchard was appointed as a judge of the High Court of New Zealand and in 1996, he was appointed as a judge of the Court of Appeal of New Zealand. In 1998 Blanchard was appointed as a New ...
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New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of island countries, sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The Geography of New Zealand, country's varied topography and sharp mountain peaks, including the Southern Alps (), owe much to tectonic uplift and volcanic eruptions. Capital of New Zealand, 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 subsequently developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ...
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Police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the Law enforcement agency powers, police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usua ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. Etymology The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Types ...
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Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrant (law), warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain ...
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Firearm
A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originated in 10th-century China, when bamboo tubes containing gunpowder and pellet projectiles were mounted on spears to make the portable fire lance, operable by a single person, which was later used effectively as a shock weapon in the siege of De'an in 1132. In the 13th century, fire lance barrels were replaced with metal tubes and transformed into the metal-barreled hand cannon. The technology gradually spread throughout Eurasia during the 14th century. Older firearms typically used black powder as a propellant, but modern firearms use smokeless powder or other explosive propellants. Most modern firearms (with the notable exception of smoothbore shotguns) have rifled barrels to impart spin to the projectile for improved flight stabili ...
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Search And Seizure
Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and Confiscation, confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection ...
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