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Right to Fair Hearing
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submitted on February 3, 2018 7:17 AM EST
Name: 1
Country: 1
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submitted on June 6, 2012 11:49 AM EDT
Name: PETE DIXON
Country: ENGLAND
Message: As a layman,I am dumbfounded. NZ judges leave themselves open to a myriad of accusations about impartiality. There is no logic in such a position of secrecy being maintained. Judges may as well toss a coin over dinner if they are not required to disclose the reasons underpinning judgements. Handy for the politician who slips up I guess. Possibly the cozt club doesn't want to give up it's trump card. I'm surprised!

submitted on February 7, 2012 10:08 PM EST
Name: margo pellegrino
Country: USA
Message: that is insane. of course New Zealanders should have the right to the judicial reasoning that decides their fate!!

submitted on November 30, 2010 6:11 PM EST
Name: kaiparameinana lawful sovereign being Tangata-whenua
Country: Te ika-a-maui, Aotearoa, Tuhua, Te Wai pounamu, Raki-ura
Message: how can you have a fair hearing in NEW ZEALAND courts when NEW ZEALAND does not have a single written constitutional document, if there is no constitution there is no law, so what is left is lawlessness now it is assumption and a legal systom that runs contary to law

submitted on September 27, 2010 11:30 PM EDT
Name: Kim Birkenfeld
Country: US
Message: "In practice do judges frequently not give reasons?" Reply to Raj (June 14, 2010 12:11 PM EST) Frequency is not relevant - even if it happens only once - the one time being your case. How will your right of appeal be effectively excercised without notice of reason for the judgment against you?

submitted on June 29, 2010 3:49 AM EDT
Name: Kim Birkenfeld
Country: US
Message: Reply to David(June 18 10:20 AM EST)- The European Convention on Human Rights Art 6 is parallel to ICCPR 14(1). Art 6 is interpreted as requiring that reasons be given. The record shows that comparable jurisdictions to New Zealand, judges are required to give reasons: Australia: The judgment must contain reasons for the decision on matters of both fact and law. * The European Court of Human Rights: ...reiterates that Article 6 para 1 (ECHR 1953) obliges courts to give reasons for their judgments...** England and Wales: The right to fair trial provisions of Article 6, Schedule 1, Human Rights Act 1998, are interpreted as requiring reasons to be given for final judgments.*** In 1999, the Privy Council in London interpreted common law as requiring that reasons be given for administrative decisions - in addition to judicial decisions. Case law: Stefan v GMC [1999] 1 W.L.R. 1293 (PC).

submitted on June 24, 2010 11:46 PM EDT
Name: Dale Martin
Country: Australia
Message: Who framed these laws?

submitted on June 18, 2010 12:18 AM EDT
Name: Kim Birkenfeld
Country: US
Message: Reply to Jason (June 17 9:28 AM EDT) I did not view your message until this moment as I was on a roundtrip flight to Wellington, New Zealand for the purpose of filing court documents in the Court of Appeal of New Zealand. Check back Monday.

submitted on June 17, 2010 9:28 AM EDT
Name: Jason
Country: Australia
Message: No response. I thought so.

submitted on June 15, 2010 9:30 AM EDT
Name: Jason
Country: Australia
Message: This site makes no sense - in R v Awatere the NZ Court of Appeal said that the failure to follow the normal judicial practice of giving reasons for a decision would jeopardise that decision. That is the exact opposite of what this site says. And don't subsections 27(1) and (2) of the NZ Bill of Rights state: "(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. (2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." Please provide on this site the exact quotation from R v Awatere, and the surrounding text in the decision which says that NZ judges don't have to give reasons.

submitted on June 14, 2010 1:11 PM EDT
Name: Raj
Country: UK
Message: How is it possible that judges are not required to give reasons? It seems bizarre to think it is possible in a common law country. In practice do judges frequently not give reasons? There should be statutory provision for giving of reasons by judges.

submitted on June 11, 2010 10:51 AM EDT
Name: Ken
Country: Europe
Message: Is there not some NZ politician and leader who understands that for good judicial administration, judges must give reasons. How on earth can an appeal process work if reasons are not given. But politicians don't care because they ignore the law anyway and get away with it - look at the credit card scandals.

submitted on June 9, 2010 4:42 PM EDT
Name: neil charman
Country: united kingdom
Message: i have admired several kiwis and past friends have spoke endirngly about nz

submitted on May 16, 2010 3:13 PM EDT
Name: Sandy Chandra
Country: London (Eng), Dunedin (NZ)
Message: Goes without saying really... If New Zealand's democracy is to be respected, then it's really not a question of deserving, it should be so be default. It's one of those unwritten rules!

submitted on May 10, 2010 1:37 PM EDT
Name: Dalet Ehud
Country: Canada
Message: Lord Hewet put it succinctly when he said, "… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done." The absence of any reasoning in a judge's decision raises doubts as to partiality, particularly when the case is of a controversial nature.

submitted on May 4, 2010 9:39 PM EDT
Name: davesimski
Country: England
Message: We care

submitted on May 3, 2010 2:43 AM EDT
Name: Kim
Country: US
Message: Update: There is neither right to reasons nor right of public access to court records under new rules in NZ: High Court (Access to Court Documents) Amendment Rules 2009.

submitted on April 22, 2010 3:25 PM EDT
Name: Tammy Seay
Country: USA
Message: We Care that New Zealand Judges are fair.

submitted on April 22, 2010 12:55 PM EDT
Name: Matt Pryor
Country: United Kingdom
Message: We care!

submitted on April 22, 2010 9:39 AM EDT
Name: Ivon Rodriguez
Country: USA
Message: WE CARE!!!

submitted on April 21, 2010 4:22 PM EDT
Name: David
Country: USA
Message: I think that in order to make the system fair and balanced, New Zealanders should not be required to give their reasons when they burn the judges houses to the ground.

submitted on April 16, 2010 5:00 PM EDT
Name: John Wedderburn
Country: England
Message: The New Zealanders deserve the same rights as enjoyed in other democratic nations. May the New Zealand judges hang their heads in shame!

submitted on April 16, 2010 3:44 PM EDT
Name: Micah Blu
Country: North Hollywood, CA United States
Message: The New Zealand population should rise in protest! This is a violation of fundamental human rights! How dare they, they should be ashamed of themselves!

submitted on April 9, 2010 11:35 AM EDT
Name: ali elmi
Country: somalia
Message: new zealanders deserve the same civil rights as other the democraciesnation

submitted on April 9, 2010 11:14 AM EDT
Name: raymondo
Country: UK
Message: Although Iam English by birth and residence, I am happy to support you and say I CARE.

submitted on April 7, 2010 11:02 AM EDT
Name: jasmine pearson
Country: uk
Message: we care.

submitted on March 31, 2010 1:07 PM EDT
Name: Chuck M
Country: USA
Message: Since first visiting NZ, I have had a fierce admiration for the people and the country. Yes, you deserve your civil rights. Yes, I care. Good luck.

submitted on March 31, 2010 12:14 PM EDT
Name: Kim Birkenfeld
Country: US
Message: Reply to Kim Brown (March 30 1:56 PM EDT) In 1999, the Privy Council in London interpreted common law as requiring that reasons be given for administrative decisions - in addition to judicial decisions. Case law: Stefan v GMC [1999] 1 W.L.R. 1293 (PC).

submitted on March 30, 2010 1:56 PM EDT
Name: Kim Brown
Country: United Kingdom
Message: I care, and I am suffering the same prejudice

submitted on March 29, 2010 6:24 PM EDT
Name: Rodger Fosbinder
Country: USA
Message: There is no Freedom without free speech, and the right to a fair trial. If the Justice system feels it is above the rights of the humans that live there, may the same treatment be bestowed upon them.

submitted on March 19, 2010 12:10 PM EDT
First name: Kim
Country: US
Message: Reply to Exodia (March 1 11:30 PM EST) With respect, judges are human. Humans can err. When reasons for decisions are not provided, on what ground can right of appeal be effective?

submitted on March 19, 2010 12:08 PM EDT
First name: Kim
Country: US
Message: Reply to Jack (March 1 11:21 PM EST) New Zealand civil proceedings have been the subject of five years study. But, if there is no right to reasons in criminal proceedings, how can the public be sure the right person is incarcerated?

submitted on March 19, 2010 12:05 PM EDT
First name: Kim
Country: US
Message: Reply to Ray (March 2 2:43 AM EST) Certainly the issue of right to reasons deserves public discussion. Only with awareness of the issue can New Zealanders choose to address the issue with Parliament.

submitted on March 16, 2010 7:47 PM EDT
First name: Milan
Country: Serbia
Message: I care

submitted on March 2, 2010 2:43 AM EST
First name: Ray
Country: New Zealand
Message: Just because due to our ACC laws and our no blame legislation you are unable to sue an individual for millions for personal injury doesn't mean our system requires adjustmant by an american. Piss off back to where you belong you litigous scumbag. Take some personal responsibility.

submitted on March 1, 2010 11:21 PM EST
First name: Jack
Country: New Zealand
Message: Criminals don't deserve extra lee-way. I don't care.

submitted on February 27, 2010 4:43 PM EST
First name: Steve
Country: Canada
Message: I'm against unfair judicial practices. I don't have to give my reasons.

submitted on February 9, 2010 8:10 AM EST
Name: Alex
Country: France
Message: comment New Zelandienne lejislation reguralise la question concernant les legitime capacite.je vous prie de me repondre.....

submitted on January 22, 2010 8:04 AM EST
Name: Keith
Country: Australia
Message: Don't worry, there will be few rights for any of us, the way it's going. This is a world wide trend, brought about by The New World Orders plans for Global Enslavement. Some countries are further along the track than others. Justice will prevail when Jesus returns and you will see these people no more. (Very Soon)So know God!

submitted on January 22, 2010 7:24 AM EST
Name: patti
Country: new zealander living in australia
Message: i care.

submitted on January 8, 2010 10:28 AM EST
First name: Karen
Country: Canada
Message: Too many inbred blue bloods's hate equality. War isn't great- it's hate. Hate the Maori, hate the Aboriginal, hate the First Nation, hate the terrorist colonists. In the Beginning, God made no Queens. Noah saved no Queens, male or female judges.

submitted on January 8, 2010 8:02 AM EST
First name: pete
Country: australia
Message: fire the pollies then the judges they are all part of the new world order

submitted on January 6, 2010 5:38 PM EST
First name: Jennifer
Country: USA
Message: I care

submitted on January 5, 2010 2:32 AM EST
First name: Jim
Country: Australia
Message: I care,a lot.

submitted on December 27, 2009 3:36 AM EST
First name:
Country:
Message: i care

submitted on December 21, 2009 7:50 AM EST
First name: Kim Birkenfeld
Country: US
Message: Reply to Alice O'Conner (below) Dear Alice, Thank you for taking the time to express what you feel. From the message, it appears there is a misunderstanding - New Zealand is a sovereign country. DavidVersus.org does not seek to speak for New Zealanders. The purpose of DavidVersus.org is to give Kiwis awareness that Judges in their country are not required to give reasons for Court judgments (leading case in NZ is R v Awatere 1982 1 NZLR 644). After gaining awareness, it is up to 4.2 million Kiwis if they want to bring this issue grounded in Art 14(1) of the ICCPR (Right to a Fair Hearing) to the attention of NZ Parliament. NZ ratified the ICCPR in 1978. The New Zealand Bill of Rights Act 1990 was meant to bring provisions of the ICCPR into domestic law. However, it omits to provide right to a fair hearing (ie reasons for decisions) in civil proceedings. Compare: Art 14(1) of the ICCPR versus s 25(a)and s 27(1) of the NZBORA 1990. Certainly Kiwis have right to awareness that the New Zealand government does not require Judges to give reasons. Alice, if you have specific questions, just write them here. I will conduct the research for you and answer back directly on DavidVersus.org. I look forward to hearing from you.

submitted on December 16, 2009 1:00 AM EST
First name: Alice O'Conner
Country: New Zealand
Message: What a bullshit website, who the hell are you to speak for New Zealanders? Do your research properly and get a life! Bloody Oath!

submitted on December 14, 2009 6:41 PM EST
First name: Christina
Country: New Zealand
Message: I care

submitted on December 14, 2009 4:45 AM EST
First name: Sebastian
Country: New Zealand
Message: I care

submitted on December 12, 2009 5:02 AM EST
First name: Kimberly
Country: Wellington NZ
Message: The topic is that New Zealanders are being denied a basic democratic right - the right to reasons for judicial decisions. Australia, Canada, the UK and Europe require that Judges muse give reasons -How could New Zealanders want to be unique by being denied a basic civil right? Kiwis deserve right to reasons for Court decisions!

submitted on December 9, 2009 3:18 AM EST
First name: Vanessa
Country: Wellington, New Zealand
Message: I care!!!

submitted on December 3, 2009 6:10 PM EST
First name: Peter
Country: New Zealand
Message: It change my kids life. To the people who play God. Remember when you sleep each night. What goes around, will come around. Good luck. You will need it.

submitted on December 3, 2009 2:49 PM EST
First name: Garry
Country: New Zealand
Message: The non-accountability of the New Zealand Judges and courts towards its citizens is an ugly aberration that can lead to the unscrupulous use of power.I believe that in New Zealand it has created an elitist hieararchy where judges can be deemed as not being accountable for their actions because they do not have to give reasons for their decisions and they do not act with care. "I care" and I do like it when every other citizen is responsible for their own actions Especiaaly when lives are ruined on the basis of case material that is not infrequently based on malice and minimalistic evidence.

submitted on December 1, 2009 7:54 PM EST
First name: Daniel
Country: New Zealand
Message: I don't care

submitted on November 29, 2009 8:34 PM EST
First name: Kim
Country: NZ
Message: Australia and England have right to reasons, why not New Zealand?

submitted on November 26, 2009 10:29 PM EST
First name: Jamie
Country: USA
Message: I care!

submitted on November 17, 2009 10:00 PM EST
First name: Traute
Country: USA
Message: Fight for your right to have the Judges give a reason for their decisions

submitted on November 17, 2009 3:06 AM EST
First name: george
Country: australia
Message: like aus,nz's courts have a english cote of arms, under english laws(1701)all aus and nz law. are nul and void.

submitted on November 17, 2009 3:06 AM EST
First name: george
Country: australia
Message: like aus,nz's courts have a english cote of arms, under english laws(1701)all aus and nz law. are nul and void.

submitted on November 16, 2009 4:13 AM EST
First name: Kim
Country: US
Your message to wake up 4.2M Kiwis - Kiwis - Wake up your Parliament! The children of New Zealand deserve right to reasons for judgments.

submitted on November 11, 2009 4:24 PM EST
Name: jack katz
Country: usa
Comment: this right of all free pople

submitted on November 8, 2009 2:28 PM EST
Name: Patrick Price
Country: USA
Comment: I care

submitted on November 4, 2009 8:55 AM EST
Name: Marko
Country: UK
Comment: Should be done.

submitted on October 29, 2009 4:09 PM EDT
Name: George
Country: USA
Comment: I care, too.

submitted on October 29, 2009 3:01 PM EDT
Name: Moses Zonana
Country: USA
Comment: Everyone deserves to know the reason for a court rulling.

submitted on October 29, 2009 12:25 PM EDT
Name: Alfredo Faubel
Country: USA
Comment: Kiwis and everyone else for that matter deserve to know the reasons for a judge's decision!

submitted on October 29, 2009 11:53 AM EDT
Name: Michael S
Country: USA
Comment: There effectively is no right to an appeal in a system which does not provide access to the rationale behind a decision.

submitted on October 26, 2009 11:24 AM EDT
Name: Mike P
Country: US
Comment: Transparency is key for civilized society.

submitted on October 26, 2009 12:18 AM EDT
Name: Lorraine
Country: USA
Comment: I care!

submitted on October 22, 2009 9:35 PM EDT
Name: GUY TABOR
Country: USA
Comment: COURTS ARE OFTEN UNFAIR...THIS NEEDS TO BE CORRECTED...

submitted on October 22, 2009 6:09 PM EDT
Name: Dan Ker
Country: USA
Comment: In today's world, how can an OECD country justify not requiring a "right to reasons" legal system? Besides the issue of compatibility with other OECD countries, does this constitute a fairness treatment of the legal matters affecting the general population?

submitted on October 22, 2009 6:04 PM EDT
Name: dan ker
Country: USA
Comment:

submitted on October 21, 2009 10:07 PM EDT
Name: Dorothy Bobbitt
Country: Miami, Florida USA
Comment: Wait, if New Zealand judges don't have to give reasons for judgments, is that fair? How can a Kiwi appeal?