28.9.05

2.2

CODIFICATION

5 Comments:

Anonymous Anonymous said...

Ombudsman?
Police and police complaints authority.
Armed forces - control: Neutrality/Allies and status of forces.
Appointment of ambassadors and envoys.

1/10/05 1:12 PM  
Anonymous Anonymous said...

JUDICIAL CONDUCT COMMISSIONER AND JUDICIAL CONDUCT PANEL ACT 2004 - This Act provides for a commissioner to investigate complaints about judges and the procedure (the appointment of a panel) to allow the Attorney-General to remove them. This is an important instrument for the accountability of the judiciary and should definitely form any part of codifying a new constitution.

24/10/05 1:02 PM  
Anonymous Anonymous said...

Crown Entities Act 2004 - despite not listing many entities that one would think would appear in the schedules, is important in establishing lines of accountability, transperancy, responsibilities and the existence of classes of entity and their relationships to government.

24/10/05 4:01 PM  
Anonymous Anonymous said...

FLAGS, EMBLEMS, AND NAMES PROTECTION ACT 1981 - Contains references to Olympic and Commonwealth games, Girl Guides, RSA, UN, international bodies etc. that are irrelevant; but conferes official status on NZ Ensign, protects Crown terms and Royal emblems.

24/10/05 4:39 PM  
Anonymous Anonymous said...

SUMMARY PROCEEDINGS ACT 1957

s.66.Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment—

s.65.Court to proceed when both parties appear—
Where at the hearing of any charge both the informant and the defendant appear, the Court shall proceed with the hearing:
Provided that, if the defendant is not personally present, the Court may, if it thinks fit, adjourn the hearing to such time and place and on such conditions as it thinks fit to enable him to be present, or, if he is liable on conviction to a sentence of imprisonment, may issue a warrant in the prescribed form to arrest him and bring him before the Court.

s.64.Dismissal for want of prosecution not to operate as bar to other proceedings—

s.13.Any person may lay an information—
Except where it is expressly otherwise provided by any Act, any person may lay an information for an offence.

s. 15. Information to be in prescribed form and upon oath

s. 18. Information to be filed in nearest Court

s. 19.Issue of summons to or warrant to arrest defendant—
(1)When an information has been laid,—
(a)Any [District Court Judge] or Justice [or Community Magistrate] or any Registrar (not being a constable) may issue a summons to the defendant, in the prescribed form:
(b)A warrant, in the prescribed form, to arrest the defendant and bring him before a Court may be issued by any Justice [or any Community Magistrate] or any Registrar (not being a constable), whether or not a summons has been issued or served, if the defendant is liable on conviction to a sentence of imprisonment

s.37.Who may conduct proceedings—
(1)At the hearing of any charge, the informant and the defendant may appear personally or by a barrister or a solicitor of the [High Court].
(2)Except as provided in this section or in any other enactment, no person other than the informant may appear at the hearing of any charge and conduct the proceedings against the defendant.
(3)Where an information has been laid by a constable, any other constable may appear and conduct the proceedings on the informant's behalf.
(4)Where an information has been laid by an officer [or employee] of a Department of State or of a local body, any other officer [or employee] of that Department or of that local body, as the case may be, may appear and conduct the proceedings on the informant's behalf.

s.Sureties of the peace

186. Application for order for bond to keep the peace

187. Making of order for bond

188. Making of order for bond where person charged with offence

192.Appointment and powers of special constables—
(1)If at any time the Commissioner of Police is of opinion that the members of [the Police] serving in any place are not sufficient in number for the preservation of the public peace and for the protection of the inhabitants and the security of the property in that place, the Commissioner may direct any constable to apply to any [District Court Judge] or Justice to appoint such number of suitable persons as the Commissioner considers necessary to be special constables for the preservation of the public peace and for the protection of the inhabitants and the security of the property in that place.
(2)On application being made as aforesaid, the [District Court Judge] or Justice may appoint such persons as aforesaid, being persons willing to act, and shall administer to every person so appointed an oath in the prescribed form.

10/1/06 12:03 AM  

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