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Platinum Useful Legislation
Your strongest cases for appeal and Judicial Review are based on a solid legal basis of usually:
- Errors of law
- Judges Errs (deliberate errors)
These can include:
- Failing to give consideration to mandatory considerations.
- Giving too much weight to irrelevant considerations.
- Violating laws.
- Breaching natural justice.
- Breaching / “cutting across” common law.
- Breaking binding precedents.
- and even on occasion making their own submissions.
To prove these points you need to be clear: THE LAW IS NOT FACTUAL- it is “merely a guideline.” Open to interpretation.
You need to be vigilant to protect your case from the distortion of “findings” of the court where judges will intentionally twist facts for their personal findings (substantiated or otherwise) with sufficient evidence to have these “false findings” quashed or set aside by the higher courts.
NOTE: TAKE SOME TIME FAMILIARISING YOURSELF WITH RELEVANT LEGISLATION TO KNOW YOUR RIGHTS TO AVOID BEING MISLEAD AND MISREPRESENTED!
New Zealand prides itself on having no written constitution- rather there are 6-7 pieces of legislation deliberately never consolidated for “an air of ambiguity” allowing justice “on the face of it” to be left open to interpretation to disregard human rights and lawful intent of bills passed by parliament.
Publicly New Zealand declares to be “a sovereign realm”
Stating: “The Constitution Act 1986 is a key formal statement of New Zealand’s system of government, in particular the executive, legislature and the judiciary. The Act recognises the King as the Head of State of New Zealand and the Governor-General as his representative.
Other laws that outline the powers and functions of the three branches of government in more detail include the State Sector Act 1988, the Electoral Act 1993, the Judicature Act 1908 and the Senior Courts Act 2016 and the District Court Act 2016.
Other important legislation includes the Treaty of Waitangi Act 1975, Ombudsmen Act 1975, the Official Information Act 1982, the Public Finance Act 1989, the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993.
Some British laws, such as parts of Magna Carta 1297 and The Bill of Rights 1688, and the Act of Settlement 1701 and the Royal Marriages Act 1772, have been incorporated into New Zealand law by the Imperial Laws Application Act 1988.”
*THE BILL OF RIGHTS ACT 1990 (Listing 27 “rights” people in New Zealand allegedly have.)
https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html
The oldest legislation New Zealand has is “Magna Carta” 1297:
29 Imprisonment, etc contrary to law. Administration of justice
- NO freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him,1 but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.
https://www.legislation.govt.nz/act/imperial/1297/0029/latest/DLM10929.html
Other useful Law includes:
Habeas Corpus Act 2001: *Note s3 the interpretation clearly states: “detention includes every form of restraint of liberty of the person”
https://www.legislation.govt.nz/act/public/2001/0031/latest/whole.html
De Novo: “De novo is a Latin term that means “anew,” “from the beginning,” or “afresh.” When a court hears a case “de novo,” it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case”
Human Rights Act 1993: [s21 has to do with discrimination]
https://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html
Crimes Against Torture Act 1989
https://www.legislation.govt.nz/act/public/1989/0106/28.0/DLM192818.html
Senior Courts Act 2016 (s142 regards judicial impartiality and inability to hold office to avoid perception of “conflict of interest”)
https://legislation.govt.nz/act/public/2016/0048/latest/DLM5759262.html