54-574: The Supreme Court of New Zealand ( Māori : Te Kōti Mana Nui , lit. 'Court of Great Mana ') is the highest court and the court of last resort of New Zealand . It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council , based in London. It was created with the passing of
108-675: A Supreme Court justice if already a member of the Court of Appeal or the High Court. If the person is not a member of either of those courts, the candidate must be appointed as a High Court judge at the same time as taking office in the Supreme Court. While the suggestion of ending appeals to the Privy Council had been around since the Statute of Westminster Adoption Act 1947 , proposals to end appeals to
162-533: A bill being introduced into Parliament. However, this bill met with little support from within the National Party, and the bill was not carried over by the next Parliament following the 1996 general election . The policy was resurrected in 1999 by the Fifth Labour Government . A discussion paper, Reshaping New Zealand's Appeal Structure attracted 70 submissions. A year later a Ministerial Action Group
216-639: A centrist party based on a merger of the United Party and the Future New Zealand party – primarily due to the performance of leader Peter Dunne , the party shot from having one seat to having eight seats. Once the final distribution of seats was determined, it was clear that Labour would be at the centre of the government, and that it would be allied with the Progressives. However, this still left Labour needing support in matters of confidence and supply, as
270-633: A human, professional translator. Douglas Hofstadter gave an example of a failure of machine translation: the English sentence "In their house, everything comes in pairs. There's his car and her car, his towels and her towels, and his library and hers." might be translated into French as " Dans leur maison, tout vient en paires. Il y a sa voiture et sa voiture, ses serviettes et ses serviettes, sa bibliothèque et les siennes. " That does not make sense because it does not distinguish between "his" car and "hers". Often, first-generation immigrants create something of
324-456: A literal translation in how they speak their parents' native language. This results in a mix of the two languages that is something of a pidgin . Many such mixes have specific names, e.g., Spanglish or Denglisch . For example, American children of German immigrants are heard using "rockingstool" from the German word Schaukelstuhl instead of "rocking chair". Literal translation of idioms
378-536: A more satisfactory justification is given for the abandonment of a tribunal which costs the New Zealand taxpayer nothing, and which gives us access to some of the finest legal minds in the common law world. Many Maori also see this proposal as a retrograde step, both by removing an impartial tribunal to which they have hitherto been able to appeal, and by cutting another link with the Crown. Margaret Wilson argued in favour of
432-606: A panel of three. The judges determining the application can decide to hold an oral hearing if they wish. This system is also in place in the United Kingdom where the Supreme Court of the United Kingdom , the highest court of appeal in the United Kingdom, also must grant leave for appeal for cases to be heard before it. The same is true for appeals to the Court of Final Appeal of Hong Kong . Similarly, most litigants seeking to appeal to
486-589: A rural area, was one notable example. Labour also dominated in the seven Maori seats. National gained second place in only one Maori electorate, with Labour's main rivals being the Mana Maori Movement , the Greens, and the Alliance. Of the minor parties, only three managed to win electorates, mostly due to the strong personal following of the incumbents. United Future leader Peter Dunne retained his strong support in
540-453: A translation that represents the precise meaning of the original text but does not attempt to convey its style, beauty, or poetry. There is, however, a great deal of difference between a literal translation of a poetic work and a prose translation. A literal translation of poetry may be in prose rather than verse but also be error-free. Charles Singleton's 1975 translation of the Divine Comedy
594-508: A vote, a considerable drop from previous elections. Many commentators cited Labour's dominance in the polls as a reason for this low turnout. Many people saw the outcome as inevitable, and so did not bother to vote at all. In the election 683 candidates stood, and there were 14 registered parties with party lists. Of the candidates, 433 were electorate and list, 160 were electorate only, and 90 were list only. 71% of candidates (487) were male and 29% (196) female. As most people expected, Labour
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#1733085684591648-617: Is a source of translators' jokes. One such joke, often told about machine translation , translates "The spirit is willing, but the flesh is weak" (an allusion to Mark 14:38 ) into Russian and then back into English, getting "The vodka is good, but the meat is rotten". This is not an actual machine-translation error, but rather a joke which dates back to 1956 or 1958. Another joke in the genre transforms "out of sight, out of mind" to "blind idiot" or "invisible idiot". 2002 New Zealand general election Helen Clark Labour Helen Clark Labour The 2002 New Zealand general election
702-521: Is clearly not a phrase that would generally be used in English, even though its meaning might be clear. Literal translations in which individual components within words or compounds are translated to create new lexical items in the target language (a process also known as "loan translation") are called calques , e.g., beer garden from German Biergarten . The literal translation of the Italian sentence, " So che questo non va bene " ("I know that this
756-474: Is granted or declined based on a number of factors listed in section 74 of the Senior Courts Act, with the overarching principle being that it must be necessary in the interests of justice for the court to hear the appeal. Leave applications may be determined by any two permanent judges of the court based on the written submission of the parties without an oral hearing; however, they are normally determined by
810-424: Is not good"), produces "(I) know that this not (it) goes well", which has English words and Italian grammar . Early machine translations (as of 1962 at least) were notorious for this type of translation, as they simply employed a database of words and their translations. Later attempts utilized common phrases , which resulted in better grammatical structure and the capture of idioms, but with many words left in
864-457: Is regarded as a prose translation. The term literal translation implies that it is probably full of errors, since the translator has made no effort to (or is unable to) convey correct idioms or shades of meaning, for example, but it can also be a useful way of seeing how words are used to convey meaning in the source language. A literal English translation of the German phrase " Ich habe Hunger " would be "I have hunger" in English, but this
918-594: The Constitutional Court of South Africa , Supreme Court of the United States , Supreme Court of Canada or High Court of Australia require leave before their case can be heard – although there are some exceptions to this in the latter three courts. Since its foundation, the Supreme Court has been subject to "unprecedented public criticism". The quality of several Supreme Court judgments have been criticised in New Zealand and overseas, and concerns expressed about
972-474: The Court of Appeal . The proximity of the court is another factor that is likely to contribute to it hearing an increased number of appeals and also allows appeals to be heard and determined considerably faster than under the former system. The court has heard many applications for leave . It has also heard many substantive appeals. Notable substantive cases include: The Supreme Court sits in Wellington . Until
1026-530: The Green Party . Some commentators have claimed that the tension between Labour and the Greens on this issue was a more notable part of the campaign than any tension between Labour and its traditional right-wing opponents. The release of Nicky Hager 's book Seeds of Distrust prior to the election also sparked much debate. The book examined how the government handled the contamination of a shipment of imported corn with genetically modified seeds. Helen Clark called
1080-573: The Supreme Court Act 2003 , on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016 . The current Supreme Court should not be confused with the High Court of New Zealand , which
1134-474: The 69 electorates in the 2002 election, a majority (45) were won by the Labour Party. The opposition National Party won 21 electorate seats. Labour dominated the urban areas, where it has traditionally been strongest, while National performed best in rural areas. However, Labour's strong position in this election led to National losing ground in a number of its traditional strongholds. The loss of Otago electorate,
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#17330856845911188-453: The Court of Appeal Sir Ivor Richardson and former Chief Justice Sir Thomas Eichelbaum . Acting judges only sit on substantive appeals, and not applications for leave, due to the requirement for appeals to be heard en banc by five judges. On 4 May 2005, Attorney-General Michael Cullen announced the appointment of Justice Sir John McGrath of the Court of Appeal to the Supreme Court bench as its sixth permanent judge. On 21 February 2006,
1242-419: The Court of Appeal. Prior to discontinuation the Privy Council heard up to 12 cases from New Zealand a year. From its creation through May 2012, the Supreme Court heard an average of 29 substantive appeals annually. Literal translation Literal translation , direct translation , or word-for-word translation is a translation of a text done by translating each word separately without looking at how
1296-527: The Greens "goths and anarcho-feminists" during the campaign. On 12 June the government announced that the country would have a general election on 27 July. This was several months earlier than was required, a fact which caused considerable comment. The Prime Minister , Helen Clark , claimed that an early poll was necessary due to the collapse of her junior coalition partner, the Alliance . Critics, however, claimed that Clark could have continued to govern, and that
1350-487: The Greens were not a part of the administration itself. Opposing Labour were the National Party (centre-right), United Future (centrist), New Zealand First ( populist ), ACT New Zealand ( free-market ). Many opinion polls for the election indicated that Labour was popular enough to conceivably win an absolute majority, leaving it able to govern without the support of smaller parties. Labour's dominance over National
1404-560: The Honourable Sir Noel Anderson (at the time President of the Court of Appeal) was appointed to the Supreme Court. Thus the promotion of the most senior Court of Appeal member continued. This practice was broken with the appointment of Justice Bill Wilson in December 2007 after having served less than a year as a judge of the Court of Appeal. Under section 94 of the Senior Courts Act 2016 an existing judge can only be appointed
1458-557: The Privy Council because of the costs involved, and because in some areas, such as employment and environment law, the statutes barred such appeals. At select committee, the bill attracted numerous submissions for and against creating the Supreme Court. Notable supporters of the Supreme Court were former President of the Court of Appeal, Lord of Appeal in Ordinary, and Privy Councillor Lord Cooke of Thorndon and former Prime Minister Sir Geoffrey Palmer , while most senior lawyers were opposed to
1512-450: The Privy Council began in the late 1970s, when a Royal Commission on the judiciary canvassed arguments for replacing the Privy Council. In the early 1980s, Minister of Justice Jim McLay suggested their abolition. Proposals for an indigenous final appellate court can be traced back to 1985. In 1996, Attorney-General Paul East proposed to end the status of the Privy Council as the country's highest court of appeal. The proposal got as far as
1566-438: The Supreme Court and abolish appeals to the Privy Council . A Campaign for the Privy Council was established to lobby against the abolition of appeals. Many business and community groups joined the opposition to the ending of appeals. The Monarchist League of New Zealand opposed the abolition of appeals, stating: Most lawyers are opposed to the abolition of appeals to the Privy Council, and doubtless will continue to do so until
1620-512: The Wellington electorate of Ohariu-Belmont, while New Zealand First leader Winston Peters retained Tauranga. Progressive leader Jim Anderton retained the Christchurch seat of Wigram, which he had formerly held as leader of the Alliance. The table below shows the results of the 2002 general election: Key: MPs returned via party lists, and unsuccessful candidates, were as follows: *Chal
1674-436: The appointments would be based on merit and seniority. Appointments to the court were expected and unsurprising. The most senior justices on the Court of Appeal were appointed to the new court. One of the grounds advanced for the creation of the court was that it would allow more people to have access to the country's highest appellate court. From 1851 until 2002, the Privy Council made 268 decisions relating to New Zealand. In
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1728-439: The bill, stating: When reviewing the legal needs of the community appeals to the Privy Council seemed increasingly anomalous. It was anomalous because of the narrow range of cases that actually were appealed to the Privy Council. The Privy Council itself recognised that some cases it considered were better settled by a New Zealand court and referred back for decision. Its precedent value was therefore quite limited. Few cases got to
1782-417: The change. The Monarchist League complained the majority of members of the select committee were motivated by a "republican agenda". Opposition parties had called unsuccessfully for a national referendum on the creation of the Supreme Court. While the bill was before the select committee, Auckland lawyer Dennis J Gates launched a petition for a non-binding citizens initiated referendum on 3 April 2003, asking
1836-513: The court's new $ 80.7 million home was built—beside and expanding into the historic High Court building—the court was housed in temporary facilities located in the High Court in Wellington with offices located in Old Government Buildings . The building was formally opened on 18 January 2010 by Prince William . The upper portion of the building's exterior is surrounded by a bronze screen and red glass facade. The forms were inspired by
1890-525: The early election was called to take advantage of Labour's strong position in the polls. Some commentators believe that a mixture of these factors was responsible. Before the election, the Labour Party held 49 seats in parliament. It governed in coalition with the smaller (and more left-wing) Alliance, which had 10 seats. It also relied on support from the Greens , but this was a largely informal arrangement, and
1944-468: The election campaign, and reaffirmed this soon after the election, leaving just the Greens and United Future as candidates. After a period of negotiation, Labour opted to ally with United Future, being unwilling to change their genetic engineering policies to secure the Green Party's support. Labour and the Progressives remained in power, with support in confidence and supply votes from United Future. Of
1998-415: The genetic engineering controversy, gained nine seats (an increase of two). In general, it was a bad election for the parties of the right. The National Party, once referred to as "the natural party of government", suffered its worst-ever electoral defeat, gaining only 21% of the vote. ACT New Zealand , National's more right-wing neighbour, failed to capitalise on the exodus of National supporters, retaining
2052-428: The impact on the country's case law and international reputation. The major criticisms are the Supreme Court's lack of experience and its membership being drawn initially from the Court of Appeal. Defenders of the court argue that it has provided easier access to the courts. They also note that the argument that the court would not be independent has been disproved by the Supreme Court's willingness to overrule decisions of
2106-410: The intertwining of rātā and pohutukawa trees. The interior follows a similar theme; the court room is oval shaped with tiled walls mimicking the shape of a kauri cone. Unlike final appellate courts in some other countries, there is no automatic right of appeal to the Supreme Court of New Zealand. All appeals are by leave granted by the Supreme Court. No lower courts may grant leave to appeal. Leave
2160-543: The leader of the opposition) ruled out any abolition of the Supreme Court and return to the Privy Council. The Key Government eventually repealed the Supreme Court Act 2003 and replaced it with the Senior Courts Act 2016, as part of a modernisation of judicature legislation. The reform was supported by National, Labour, the Greens, the Māori Party, ACT and United Future, and was opposed by New Zealand First. One issue that
2214-413: The original language. For translating synthetic languages , a morphosyntactic analyzer and synthesizer are required. The best systems today use a combination of the above technologies and apply algorithms to correct the "natural" sound of the translation. In the end, though, professional translation firms that employ machine translation use it as a tool to create a rough translation that is then tweaked by
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2268-621: The question "Should all rights of appeal to the Privy Council be abolished?". The petition failed to gain the 310,000 signatures of registered electors needed and lapsed on 2 July 2004. The Supreme Court Bill passed its third reading 63 to 53. The governing Labour and Progressive parties, supported by the Greens , voted in favour, while the National , New Zealand First , ACT New Zealand , and United Future parties voted against. It received Royal Assent on 17 October 2003, with commencement on 1 January 2004. In 2008, National leader John Key (then
2322-400: The same number of seats as before. Instead, the most notable gains among opposition parties were made by two centrist parties. One of these was Winston Peters 's New Zealand First, a populist and nationalist party opposed to immigration . Strong campaigning by Peters allowed the party to recover from its serious losses in the 1999 election . The other was United Future New Zealand party,
2376-442: The ten years from 1992–2002, only 21 decisions had been allowed with respect to New Zealand. The Supreme Court hears many more cases than were heard by the Judicial Committee of the Privy Council due to its jurisdiction being considerably broader. For example, cases in the areas of employment, criminal and family law can be heard by the Supreme Court, whereas previously cases in both areas of law could normally progress no further than
2430-446: The time. Their appointment to the new court was said to have been based on seniority and merit. The maximum bench under statute is six judges. Several acting judges have also been appointed to sit whenever a permanent judge was unable to do so due to illness or a conflict of interest. These judges were appointed from the retired judges of the Court of Appeal and have included Justices Sir John Henry , Sir Ted Thomas , former President of
2484-613: The titles of 19th-century English translations of the classical Bible and other texts. Word-for-word translations ("cribs", "ponies", or "trots") are sometimes prepared for writers who are translating a work written in a language they do not know. For example, Robert Pinsky is reported to have used a literal translation in preparing his translation of Dante 's Inferno (1994), as he does not know Italian. Similarly, Richard Pevear worked from literal translations provided by his wife, Larissa Volokhonsky, in their translations of several Russian novels. Literal translation can also denote
2538-411: The two parties together fell short of an absolute majority. Labour expressed a preference for an "agreement" rather than a full coalition, hoping to establish an arrangement similar to the one that existed with the Greens prior to the election. Three realistic choices existed for a partner – the Greens, United Future, and New Zealand First. Labour had repeatedly ruled out deals with New Zealand First during
2592-460: The words are used together in a phrase or sentence. In translation theory , another term for literal translation is metaphrase (as opposed to paraphrase for an analogous translation). It is to be distinguished from an interpretation (done, for example, by an interpreter ). Literal translation leads to mistranslation of idioms , which can be a serious problem for machine translation . The term "literal translation" often appeared in
2646-646: Was formed to assist Ministers in designing the purpose, structure and make-up of a final court of appeal. The Group's report, Replacing the Privy Council: A New Supreme Court was published in April 2002, before the general election a few months later. On 9 December 2002, after the Labour government's re-election at the 2002 general election , Attorney-General Margaret Wilson introduced the Supreme Court Bill to create
2700-445: Was held on 27 July 2002 to determine the composition of the 47th New Zealand Parliament . It saw the reelection of Helen Clark 's Labour Party government, as well as the worst-ever performance by the opposition National Party (the 2020 election would see it suffer a greater defeat in terms of net loss of seats). A controversial issue in the election campaign was the end of a moratorium on genetic engineering , strongly opposed by
2754-489: Was known as the Supreme Court until 1980. The High Court, New Zealand’s superior court , was established in 1841 as the “Supreme Court of New Zealand”. Its name was changed in anticipation of the eventual creation of this final court of appeal within New Zealand. The inaugural bench (with the exception of the chief justice , who had automatic appointment) were the most senior judges of the New Zealand Court of Appeal at
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#17330856845912808-552: Was particularly contentious as the bill was being debated in Parliament was the appointment of judges to the court, with opposition parties claiming that the Attorney-General would make partisan choices. These concerns were because the entire bench was to be appointed simultaneously, and no clear statement had been made about how they would be selected. However, the level of concern was considerably lessened when Wilson announced that
2862-429: Was such that for many people, the question was not whether Labour would win, but whether Labour would receive the absolute majority it sought. Eleven MPs, including two Alliance MPs, six National MPs, and two Labour MPs intended to retire at the end of the 46th Parliament. There were 2,670,030 registered voters, the highest number for any election in New Zealand. However, only 77% of these registered voters chose to cast
2916-540: Was victorious. It did not, however, receive an absolute majority, gaining only 52 seats (eight seats short of the half-way mark). Labour's former coalition partner, the Alliance (which had splintered shortly before the election), was not returned to parliament. However, the new Progressive Coalition (now the Progressive Party) started by former Alliance leader Jim Anderton won two seats, and remained allied with Labour. The Greens, who were now distanced from Labour over
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