Public Address | Cafe | Legal Beagle: Necessity: or the Sky is Falling https://publicaddress.net/system/cafe/ en-us Copyright (c) 2026 Public Address Graeme Edgeler https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344535#post344535 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344535#post344535 Graeme, you say that you opined but I think in fact that you averred.

Capt. W. E. John disagrees.

]]> Fri, 24 Jul 2015 07:42:28 +1200 Stuart Hoar https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344472#post344472 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344472#post344472 Thu, 23 Jul 2015 15:56:37 +1200 Rich of Observationz https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344443#post344443 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344443#post344443 Come to that, isn't this Act fairly firmly in conflict with S26 (1) of NZBORA? And I don't see an AG report in Hansard as required by S7 of that Act?

I know the Bill of Strictly Optional and Tiresome Rights General Guidelines Only allows parliament to ignore any of…

]]> Thu, 23 Jul 2015 13:34:27 +1200 Rich of Observationz https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344441#post344441 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344441#post344441 I'd by right in thinking that this is ex-post-facto law and contrary to e.g. the ECHR? Or does the fact that it's an infringement rather than a crime put it outside this requirement?

(I believe that e.g. English law doesn't have infringements. Even the most minor motoring offences are criminal,…

]]> Thu, 23 Jul 2015 13:27:08 +1200 Graeme Edgeler https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344433#post344433 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344433#post344433 I’m going to need legal advice about what that means :-)

There are time limits on how quickly you can sue someone, and how quickly you can challenge a ticket or appeal a conviction. Many of the people who would have been able to challenge their tickets (by eg saying…

]]> Thu, 23 Jul 2015 12:55:38 +1200 Graeme Edgeler https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344427#post344427 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344427#post344427 If they hadn’t changed the law retrospectively, drivers who had lost there licences, due to accumulating demerit points – might have started asking to have there demerit points credited. And there might have been requests for compensation for the humiliation of not being able to drive for the six mounths.… ]]> Thu, 23 Jul 2015 12:40:04 +1200 Patrick Xavier https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344398#post344398 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344398#post344398 The feared consequences that had necessitated the passing of retrospective validating legislation had in fact occurred, because the validating legislation itself hadn’t done enough to fix the problem.

Then there's AG v Spencer, referred to here.

]]> Thu, 23 Jul 2015 11:34:57 +1200 Andrew Geddis https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344386#post344386 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344386#post344386 That’s why all vehicles are equipped with a large glass thing in front of the driver, so one can see what the road does and control the vehicle appropriately.

Of course, on that approach we don’t need set speed limits anywhere … just a general rule to “drive safely” –…

]]> Thu, 23 Jul 2015 10:08:25 +1200 Ian Dalziel https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344385#post344385 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344385#post344385 roads collar...
That’s why all vehicles are equipped with a large glass thing in front of the driver, so one can see what the road does and control the vehicle appropriately
Hmm – there's always that loose nut behind the wheel to factor in...

]]> Thu, 23 Jul 2015 09:12:59 +1200 Marcelo Rodriguez Ferrere https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344384#post344384 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344384#post344384 So I'm not convinced this was necessary.

But that's not the test for urgency, is it? Otherwise the sky would be falling on a worryingly consistent basis, since it's increasingly being used as a default option (as detailed in the Urgency Project a few years back here). But despite all…

]]> Thu, 23 Jul 2015 09:10:20 +1200 Rich of Observationz https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344382#post344382 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344382#post344382 anyone who is led to believe by signs that they can drive it at 100 km/h will probably run off the road pretty quickly

That's why all vehicles are equipped with a large glass thing in front of the driver, so one can see what the road does and control…

]]> Thu, 23 Jul 2015 08:57:28 +1200 Andrew Geddis https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344381#post344381 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344381#post344381 I reckon very few people would actually have appealed five- or ten-year-old speeding fines (it was a fair cop, even if the posted limits had expired), but the Minister of Transport has said this wasn’t about revenue, but safety. Well, even if there aren’t speed limits, dangerous driving would still… ]]> Thu, 23 Jul 2015 08:12:41 +1200 SteveH https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344377#post344377 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344377#post344377 Wed, 22 Jul 2015 23:39:37 +1200 Public Address https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344376#post344376 https://publicaddress.net/system/cafe/legal-beagle-necessity-or-the-sky-is-falling/?p=344376#post344376 Discussion from blog post.

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