VIP Useful Legislation

Useful Legislation for Supreme Court:

Supreme Court Act 2003:

https://www.legislation.govt.nz/act/public/2003/0053/latest/whole.html#DLM214088

Senior Courts Act 2016

https://legislation.govt.nz/act/public/2016/0048/latest/DLM5759262.html

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

https://www.law.cornell.edu/wex/de_novo#:~:text=De%20novo%20is%20a%20Latin,court%20to%20hear%20the%20case.

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

Functions of the court/ Court processes such as:

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”

res judicata The doctrine, which derives from the Latin of “a matter judged,” is designed to prohibit parties from relitigating a claim or a defense of something that has already been decided”

https://legal.thomsonreuters.com/blog/what-is-res-judicata/

& estoppel“A legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. 

https://researchspace.auckland.ac.nz/bitstream/handle/2292/52821/Estoppel%20in%20New%20Zealand%20-%20Where%20we’re%20at%20(2).pdf?sequence=2#:~:text=%E2%80%A2%20the%20creation%20or%20encouragement,from%20the%20belief%20or%20expectation

Publicly New Zealand declares to be “a sovereign realm”

https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution

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.”

Therefor part 6 of the constitution of the Commonwealth of Australia is interesting to consider:

6. Definitions

The Commonwealth shall mean the Commonwealth of Australia as established under this Act.

The States shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a State.

https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/preamble#covering_clauses-definitions

USEFUL LEGISLATION FOR UNITED NATIONS

Generic report wrong doing: https://oios.un.org/report-wrongdoing?_gl=112d90j9_gaMjEwNDMzNjI1NS4xNzA5NDU2MDIy_ga_TK9BQL5X7Z*MTcwOTQ1NjAyMS4xLjEuMTcwOTQ1NjA2NC4wLjAuMA..

Main committees:

https://www.un.org/en/ga/about/subsidiary/committees.shtml

Legislation is listed under each committee specific to the legislation relevant to each committee that must be refereed to in the form for UNs attention.

for examples: Committee Against Torture: CAT

https://www.ohchr.org/en/treaty-bodies/cat

For individual complaints
Petitions and Inquiries Section
Committee Against Torture
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14 Avenue de la Paix, 1211 Geneve 10, Switzerland
Email: [email protected]