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Remand

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Do you want your case put off a few days?  

We will tell you how.

This index site is also duplicated under the topic Remand 

A remand and an adjournment are effectively the same thing with two qualifications referred to below.

A remand or an adjournment is the term we use when a Court hearing to be put off or postponed. 

The word remand is also used only in criminal cases.

The American term you might see on television from time to time is the word continuance. You will hear a lawyer on a television programme say "Your Honour, I request a continuance!"   That lawyer is simply asking for a postponement of the case.

In New Zealand we use the word ‘remand’ or ‘adjournment’.

An adjournment is used in any civil case when you asking for the case to be postponed or delayed. You might be asking the case to be adjourned to a time later in the day or you might be asking for a case to be adjourned to another date.

The word adjournment is used in a civil trial relating to the postponement of that case.

The term remand is used in criminal proceedings. It effectively means the same thing. If someone is remanded it means that his or her case is postponed to another date.

Sometimes the word adjournment is used in a criminal case but it means the same thing. If the criminal case is not punishable by any possibility of imprisonment then the case is adjourned rather than remanded.

The term "criminal case " is used rather loosely because a criminal case is generally a case which comes before the Court where a person has committed an offence and can be punished.

But there are many cases where imprisonment is not open to the Court such as minor driving offences, some Sale of Liquor Act offences, fishing without a quota, some minor traffic cases, hunting without a licence and a whole host of those kinds of minor cases.

They are technically in the "Criminal Court" but such cases can be adjourned rather than remanded.

A remand usually involves bail  - see the Index subject on - Bail
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Feedback/Blogs/Reviews from related topic: Adjournments
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Adjournments
"Can a woman aged 54 with a 16 year old child who is neither attending school or any other form of education/training continue to claim the DPB and child support indefinitely or should the child be on a separate independant benefit? and what if the child does not claim a benefit, does this justify the mothers ongoing DPB claim? - Jenny

Netlaw replies - Yes . . . . You go on to what is called a "Woman Alone" Benefit designed to allow the single parent to continue to be supported when the kids become independent. You need to discuss your circumstances with WINZ. The child may be entitled to an Independent Youth benefit, but they are not automatic. Special circumstances need to apply. Play around on the WINZ Website. Just type winz website into Google or your internet explorer.

Here is a quote from the WINZ Website. -

"To get a Domestic Purposes Benefit you'll need to be a sole parent, or a caregiver of someone sick or infirm, or a woman alone of 50 years of age or older. You must:

be a New Zealand citizen or permanent resident
have lived in New Zealand continuously for two years or more at any one time since becoming a New Zealand citizen or permanent resident (except refugees with permanent residence)
normally live in New Zealand".

Cheers . . . Netlaw



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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

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"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
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"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)

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Feedback/Blogs/Reviews from related topic: Adjournments
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"I was roughly treated at a Police interview. One cop did hit me. It was not that hard but he banged me on the top of the head and yelled that he wanted the truth. It does happen . . not as bad as you see on TV but it does happen. Kevin - North Shore"
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"Is rape the same as sexual violation? - JKH"
"NETLAW replies . . . It is a special definition of sexual violation. It is sexual violation using the penis rather than part of the body or an instrument any other item. "
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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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