Te Wharenga - New Zealand Criminal Law Review
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Colin Gavaghan “Stopping Suicide After Seales” [2016] NZCLR 4
No full textSuicide occupies an anomalous position in New Zealand law. Although it is not a crime to attempt suicide, the provision of assistance in such an attempt remains an offence. Furthermore, s 41 of the Crimes Act allows for the use of force to prevent another’s suicide. The case brought by Lecretia Seales in 2015 focused on the legal status of assisting suicide. During the course of those proceedings, however, attention turned to the defence under s 41. In this article, I consider the approach taken in Seales towards that provision. I will argue that the wide scope accorded to that defence by Collins J is not the only manner in which that section could be interpreted, and argue in favour of an alternative, more restricted, interpretation
Kris Gledhill “Legislation Note: The Returning Offenders (Management and Information) Act 2015” [2016] NZCLR 19: The Returning Offenders (Management and Information) Act 2015
No full textThe Returning Offenders (Management and Information) Bill 2015 was introduced to Parliament on 17 November 2015, and became an Act on 18 November 2015. It was passed under urgency, though with a clause requiring a select committee to provide a review on its operation after 18 months (37).This note can be see as an early commentary as to matters that should be examined as part of this review; it also discusses various issues that might be raised in arguments testing the application the Act
Kris Gledhill “Legislation Note: The Crimes Amendment Act 2015” [2016] NZCLR 31
No full textI. INTRODUCTION
Legislation is often introduced in response to international treaty obligations, reflecting that much government policy is developed in the context of international arrangements. The Crimes Amendment Act 2015 is an example of this. It introduces a number of extensions to Part 10 of the Crimes Act 1961 (crimes against rights of property). It adds new offences and rewords existing offences. It also rewrites the people trafficking and bribery offences found in Parts 5 and 6 of the 1961 Act. These changes illustrate the role of international obligations...