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The article presents a summary of legislative and practical barriers that New Zealand defence lawyers face in gaining access to witnesses for the prosecution. The right to confront one’s accuser, almost absolute in the United States, is more readily curtailed in New Zealand (and other countries), and in particular, the actual or perceived threat of terrorism has seen the New Zealand Government, like many of its overseas counterparts, erect further barriers presenting a unique set of challenges to defence lawyers and others.
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Defence Access to Prosecution Witnesses.pdf
New Zealand is a small multicultural South Pacific nation of four million people. The population is made up of approximately 15% Maori3, the indigenous Polynesian population who settled New Zealand or “Aotearoa” more than a 1000 years ago, a largely British group of colonists of Caucasian origins who first arrived in the early 1800s of approximately 76% (‘Pakeha’), and Polynesian neighbours, who immigrated in the mid 1900s of approximately 5%, whose family and kinship patterns are aligned closely with that of Maori.
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Rights of Grandparents.pdf
It was a real bone of contention for the former members of the Legal Aid Board that, while they were being held accountable by the government for the distribution and use of the funds made available for criminal legal aid, they had little or no control over a significant portion of the legal aid grants that were being made in the first place.
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Are Lawyers Losing Out.pdf
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Child Sex Abuse_NZ Perspective.pdf
In fairness to counsel appearing in that Court, these difficulties are not unique to them. They reflect a growing national concern that there has been a decline in the quality of representation provided by criminal lawyers. This problem will not be solved unless constructive measures are put in place to educate and train lawyers working in courtrooms.
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Legal Representation.pdf
There is nothing that matches that moment of nervous anticipation when the jury returns to deliver their verdict. Even when the trial has gone well, you still have a kernel of fear. If the trial has gone badly, even when the trial has gone very badly indeed and you are braced for the verdict, there is still a kernel of hope in your heart. Will they say “Guilty”, or “Not Guilty” or “We can't agree / We don't know”? No matter what has gone on during the trial, there is still a possibility of surprise with the jury's verdict. No one can honestly say they know what a jury will decide.
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Majority Verdicts.pdf
Capital Punishment - An Option for New Zealand?
January 2002
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Capital Punishment.pdf
Informants: Finding the Truth Beneath Self-Interest
Informants are a necessary evil who must be dealt with in an open way in the judicial system - and not with secrecy, says Auckland barrister, Marie Dyhrberg*.
Informants are as necessary to our judicial system as any other witness who can tell us what actually happened. However, in New Zealand and elsewhere, the current rules dealing with the treatment of informants are unsatisfactory and there is a need for a legislative framework to clarify the situation.
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Informants.pdf
It is trite to say the events of 11 September 2001 had an impact far beyond the immediate and devastating destruction inflicted on the primary targets of the alleged terrorists.
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War on Terror vs Rule of Law.pdf
Since New Zealand was colonised by English settlers more than two hundred years ago, the impact on Maori, as the indigenous people, has been immense and all encompassing. Laws the English imported and adopted have effectively subjugated most Maori customary practices.
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Intercountry Adcoption - Pacific Rim Adoption.pdf
Over the past decade there has been an increasing global awareness and concern of the growing phenomenon of trafficking in persons, particularly women and children, acrossinternational borders for the purposes of prostitution, other sexual exploitation or forced labour. This concern has resulted in the United Nations of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (‘the Protocol’).
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Initiative Against Trafficking in Human Cargo.pdf
Cameras will, they say, create a sideshow effect and disrupt the dignity and decorum of the Court. On the contrary. The presence of those inquisitive, technological eyes actually CONTROL the antics of the lead actors in an already existing showcase.
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Television in the Courts.pdf
In this paper I propose to discuss the role of the advocate in criminal proceedings involving children. In particular, I would like to contrast the traditional role of advocate as understood in an adversarial context, with that of a mediation approach envisaged by a restorative justice model.
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Children In Crime.pdf
In recent years there has been increasing recognition of the need for international co-operation in the field of criminal law. Attention has traditionally focussed on the investigation of crime, the apprehension of offenders and their return to the jurisdiction in which they offended. However, in the aftermath of that process - after conviction and imprisonment - there remain some important issues which have largely been neglected.
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Repatriation of Sentenced Persons.pdf
Recent statistics show that although crimes generally throughout New Zealand have decreased. 1. in the year ending 30th June 1994, violent crime has in fact increased. 2. In the Manukau District in South Auckland, for example, reported violent crime increased 30.3 5% in the year ending 30th June 1994.
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Maori Based Justice.pdf
Sentencing of Children in New Zealand: A New Direction
September 1994
In New Zealand, as in many other Western countries, there is a perception that the public has lost faith in the criminal justice system. Horrific and seemingly senseless acts of juvenile crime have attracted media attention, which in turn has further fuelled concerns that the system is not working.
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Sentencing of Children in NZ.pdf
Profile | Services | Career Experience | IBA | Rainy Day at the Bach
Marie Dyhrberg
Barrister
PO Box 47867, Ponsonby,
Auckland, New Zealand
Email: maried@mariedyhrberg.co.nz
Tel: +64 9 360 4550 Fax: +64 9 360 8434
© 2012 Marie Dyhrberg
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