Papers and Articles

Papers and Articles

Jump to:

Barriers to Defence Access to Witnesses for the Prosecution – An Antipodean Perspective
October 2007

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.

Download full document:
Defence Access to Prosecution Witnesses.pdf

Rights of Grandparents
October 2004

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.

Download full document:
Rights of Grandparents.pdf

Are Lawyers Losing Out?
November 2002

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.

Download full document:
Are Lawyers Losing Out.pdf

Child Sex Abuse : The New Zealand Perspective
October 2002

Although we cannot present with total certainty exact statistics for sexual abuse of children in each of our different jurisdictions, what is apparent within New Zealand is that there is an increase in the number of reports of child sexual abuse. This is evident by the increasing number of proceedings in both the Criminal and Family Courts.

Download full document:
Child Sex Abuse_NZ Perspective.pdf

Legal Representation
March 2002

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.

Download full document:
Legal Representation.pdf

Majority Verdicts: Are we all for it?
January 2002

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.

Download full document:
Majority Verdicts.pdf

Capital Punishment - An Option for New Zealand?
January 2002

In April 1999, the United Nations Human Rights Commission passed the “Resolution Supporting Worldwide Moratorium on Executions” which calls on countries that have not abolished the death penalty to restrict its use. Ten countries, including the US, China, Pakistan, Rwanda and Sudan, voted against the resolution.

Download full document:
Capital Punishment.pdf

Informants: Finding the Truth Beneath Self-Interest

January 2002

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.

Download full document:

The War on Terror vs The Rule of Law - A Matter of Human Rights and Justice for All
January 2002

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.

Download full document:
War on Terror vs Rule of Law.pdf

Intercountry Adoption - Pacific Rim Adoption
November 2001

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.

Download full document:
Intercountry Adcoption - Pacific Rim Adoption.pdf

The Initiative Against Trafficking in Human Cargo - Trafficking in Women and Children
October 2001

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’).

Download full document:
Initiative Against Trafficking in Human Cargo.pdf

Television in the Courts : The Time Has Come
January 1996

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.

Download full document:
Television in the Courts.pdf

Children in Crime : Representation - Fact or Fallacy?
June 1995

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.

Download full document:
Children In Crime.pdf

The Repatriation of Sentenced Persons : A New Zealand Perspective
October 1994

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.

Download full document:
Repatriation of Sentenced Persons.pdf

Maori-based Justice : An Alternative Dispute Resolution in the Criminal Justice System
September 1994

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.

Download full document:
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.

Download full document:
Sentencing of Children in NZ.pdf

Profile | Services | Career Experience | IBA | Rainy Day at the Bach

Return home

Marie Dyhrberg

PO Box 47867, Ponsonby,
Auckland, New Zealand

Tel: +64 9 360 4550 Fax: +64 9 360 8434

© 2012 Marie Dyhrberg
Coversion by tridium