scholarly journals Dotcom's mega mess: New Zealand's role in a foreign search warrant request

2021 ◽  
Author(s):  
◽  
Dhaxna Sothieson
Keyword(s):  
United States ◽  
New Zealand ◽  
Attorney General ◽  
The United States ◽  
High Court ◽  
Mutual Assistance ◽  
Search Warrant ◽  
Criminal Matters ◽  
Domestic Law

<p>In January 2012, the United States requested the assistance of the New Zealand government under the Mutual Assistance in Criminal Matters Act 1992 (MACMA) to execute a search warrant at Kim Dotcom’s residence. A few months later, the High Court held that this warrant was invalid and its execution unlawful. The case illustrates the importance of effective cooperation between two executive authorities. This article will build on the case and argue that the flexibility of MACMA provisions must be used by domestic authorities to ensure that a request accords with domestic law and fulfils the purpose of the Act. The flexibility of these provisions are even more important to utilise under the new landscape of the Search and Surveillance Act 2012, enacted after Dotcom v Attorney-General, to ensure that New Zealand can register and enforce a foreign search warrant request.</p>

scholarly journals Dotcom's mega mess: New Zealand's role in a foreign search warrant request

2021 ◽  
Author(s):  
◽  
Dhaxna Sothieson
Keyword(s):  
United States ◽  
New Zealand ◽  
Attorney General ◽  
The United States ◽  
High Court ◽  
Mutual Assistance ◽  
Search Warrant ◽  
Criminal Matters ◽  
Domestic Law

<p>In January 2012, the United States requested the assistance of the New Zealand government under the Mutual Assistance in Criminal Matters Act 1992 (MACMA) to execute a search warrant at Kim Dotcom’s residence. A few months later, the High Court held that this warrant was invalid and its execution unlawful. The case illustrates the importance of effective cooperation between two executive authorities. This article will build on the case and argue that the flexibility of MACMA provisions must be used by domestic authorities to ensure that a request accords with domestic law and fulfils the purpose of the Act. The flexibility of these provisions are even more important to utilise under the new landscape of the Search and Surveillance Act 2012, enacted after Dotcom v Attorney-General, to ensure that New Zealand can register and enforce a foreign search warrant request.</p>

Netherlands-United States: Treaty on Mutual Legal Assistance

1982 ◽  
Vol 21 (1) ◽  
pp. 48-57
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Department Of State ◽  
Statutory Authority ◽  
The Hague ◽  
Criminal Matters

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty on Mutual Legal Assistance between the United States of America and the Kingdom of the Netherlands, together with a related exchange of notes, signed at The Hague on June 12,1981.I transmit also, for the information of the Senate, the report of the Department of State with respect to the treaty.The treaty is one of a series of modern mutual assistance treaties being negotiated by the United States. The treaty is self-executing and utilizes existing statutory authority.The new treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the treaty includes: (1) executing requests relating to criminal matters; (2) taking of testimony or statements of persons; (3) effecting the production, preservation, and authentication of documents, records, or articles of evidence.

Native Title Litigation In Australia: Does The Judiciary Deliver On The Principal Objectives Defined By Mabo?

2013 ◽  
Vol 14 (1-2) ◽  
pp. 3-27
Author(s):  
Kanchana Kariyawasam
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
High Court ◽  
Native Title ◽  
Comparative Examination

This article considers the origin and development of native title law in Australia since the Mabo decision. It examines native title litigation in the decisions of the Federal and High Court in an attempt to determine whether such litigation has delivered on the principal objectives defined by Mabo, or has moved forward. The aim of the article is to establish whether Mabo is simply a correction of history intended to bring Australia into line with the developments adopted by other jurisdictions, or whether it is a true ‘judicial revolution’. Finally, the article makes a critical and comparative examination of native title in the United States, Canada and New Zealand, which reveals that the Australian approach to native title is far removed from the flexible approaches of those other jurisdictions.

scholarly journals The University and the Profession

1999 ◽  
Vol 30 (2) ◽  
pp. 357
Author(s):  
J Adamson
Keyword(s):  
United States ◽  
New Zealand ◽  
Attorney General ◽  
Legal Education ◽  
The United States ◽  
Educational Requirements ◽  
The University

This address was given at the Second Annual Legal Conference, held at Wellington, 3-5 April 1929. It followed an address by the then Attorney-General T K Sidey on legal education, an address which not only summarised the meagre nature of formal educational requirements to become a New Zealand lawyer, but directly compared them to that in the United States.

scholarly journals Novel Scientific Evidence and Judicial "Gatekeeping": R v Calder and Daubert v Merrell Dow Pharmaceuticals Compared

1998 ◽  
Vol 28 (2) ◽  
pp. 399
Author(s):  
Karen Belt
Keyword(s):  
United States ◽  
New Zealand ◽  
Supreme Court ◽  
Scientific Evidence ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Expert Evidence ◽  
High Court ◽  
Court Of Appeal

This article examines the approach of the High Court to the admissibility of novel scientific expert evidence in R v Calder (Unreported, 12 April 1995, High Court, Christchurch Registry, T 154/94). In Calder, Tipping J establishes a "gatekeeping" role for judges which requires them to test novel scientific evidence for relevance and reliability. The article compares that approach with the approach taken by the United States Supreme Court in Daubert v Merrell Dow Pharmaceuticals (1993) 125 L Ed 2d 469. The implications of such a test are considered.  Although the Court of Appeal has not considered the issues raised in Calder, the article concludes that the approach is the most suitable one for New Zealand.  

Effectiveness of Programs for the Prevention of Child Sexual Abuse

2020 ◽  
Vol 25 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Amaia Del Campo ◽  
Marisalva Fávero
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
New Zealand ◽  
Critical Analysis ◽  
Prevention Programs ◽  
The United States ◽  
Sexual Abuse Prevention ◽  
Negative Effects ◽  
The United Kingdom ◽  
Methodological Considerations

Abstract. During the last decades, several studies have been conducted on the effectiveness of sexual abuse prevention programs implemented in different countries. In this article, we present a review of 70 studies (1981–2017) evaluating prevention programs, conducted mostly in the United States and Canada, although with a considerable presence also in other countries, such as New Zealand and the United Kingdom. The results of these studies, in general, are very promising and encourage us to continue this type of intervention, almost unanimously confirming its effectiveness. Prevention programs encourage children and adolescents to report the abuse experienced and they may help to reduce the trauma of sexual abuse if there are victims among the participants. We also found that some evaluations have not considered the possible negative effects of this type of programs in the event that they are applied inappropriately. Finally, we present some methodological considerations as critical analysis to this type of evaluations.

The Functional Constitution: Re-Reading the 2014 High Court Constitutional Term

2015 ◽  
Vol 43 (3) ◽  
pp. 455-492 ◽  
Author(s):  
Rosalind Dixon
Keyword(s):  
United States ◽  
The United States ◽  
Functional Approach ◽  
Constitutional Interpretation ◽  
High Court ◽  
Functionalist Approach

A ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.

scholarly journals The use of mechanical restraint in Pacific Rim countries: an international epidemiological study

2020 ◽  
Vol 29 ◽  
Author(s):  
G. Newton-Howes ◽  
M. K. Savage ◽  
R. Arnold ◽  
T. Hasegawa ◽  
V. Staggs ◽  
...  
Keyword(s):  
United States ◽  
New Zealand ◽  
International Comparisons ◽  
The United States ◽  
Pacific Rim ◽  
Persons With Disabilities ◽  
Mechanical Restraint ◽  
The Pacific ◽  
Bed Days ◽  
Compare And Contrast

Abstract Aims The use of mechanical restraint is a challenging area for psychiatry. Although mechanical restraint remains accepted as standard practice in some regions, there are ethical, legal and medical reasons to minimise or abolish its use. These concerns have intensified following the Convention on the Rights of Persons with Disabilities. Despite national policies to reduce use, the reporting of mechanical restraint has been poor, hampering a reasonable understanding of the epidemiology of restraint. This paper aims to develop a consistent measure of mechanical restraint and compare the measure within and across countries in the Pacific Rim. Methods We used the publicly available data from four Pacific Rim countries (Australia, New Zealand, Japan and the United States) to compare and contrast the reported rates of mechanical restraint. Summary measures were computed so as to enable international comparisons. Variation within each jurisdiction was also analysed. Results International rates of mechanical restraint in 2017 varied from 0.03 (New Zealand) to 98.9 (Japan) restraint events per million population per day, a variation greater than 3000-fold. Restraint in Australia (0.17 events per million) and the United States (0.37 events per million) fell between these two extremes. Variation as measured by restraint events per 1000 bed-days was less extreme but still substantial. Within all four countries there was also significant variation in restraint across districts. Variation across time did not show a steady reduction in restraint in any country during the period for which data were available (starting from 2003 at the earliest). Conclusions Policies to reduce or abolish mechanical restraint do not appear to be effecting change. It is improbable that the variation in restraint within the four examined Pacific Rim countries is accountable for by psychopathology. Greater efforts at reporting, monitoring and carrying out interventions to achieve the stated aim of reducing restraint are urgently needed.

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