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Marylands School

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A brief (Old French from Latin " brevis ", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.

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101-537: Marylands School was a residential school for boys with learning difficulties in Hall's Road, Middleton, Christchurch , Aotearoa New Zealand. It was run by the Roman Catholic order Brothers Hospitallers of St. John of God , and opened on Sunday 21st August 1955 in the presence of 5000 people including Prime Minister Sidney Holland , the mayor of Christchurch, Mr. R. M. McFarlane and several high-ranking members of

202-415: A temperate oceanic climate with regular moderate rainfall. The area of modern-day greater Christchurch was first inhabited by the historic Māori iwi Waitaha in the mid-thirteenth century. Waitaha, who occupied the swamplands with patchworks of marshland , were invaded by Kāti Māmoe in the sixteenth century, and then were absorbed by Kāi Tahu a century later. Ōtautahi was inhabited seasonally, and

303-442: A coffin containing a dead body. Other accusers who were students at Marylands said that McGrath would sexually abuse them, make them look at dead bodies after shoving them into coffins and also physically abuse them with objects such as crucifixes. In 2008 Brother Roger Maloney, who also worked at Marylands School, was found guilty of seven sex abuse charges and was acquitted of a further 16. After being extradited from Australia, he

404-446: A copy of the original writ. A brief contains a concise summary for the information of counsel of the case which the barrister has to plead, with all material facts in chronological order, and frequently such observations thereon as the solicitor may think fit to make, the names of witnesses, with the "proofs," that is, the nature of the evidence which each witness is ready to give, if called upon. The brief may also contain suggestions for

505-612: A few months later in December 1856. In 1862 the Christchurch City Council was established. By 1874, Christchurch was New Zealand's fourth-largest city with a population of 14,270 residents. Between 1871 and 1876 nearly 20,000 immigrants arrived in Canterbury, and through the 1880s frozen meat joined wool as a primary export. The last decades of the nineteenth-century were a period of significant growth for

606-405: A few months later, which occurred directly under the city centre and also caused widespread damage, but this was less severe. Nearly two months later, on Tuesday 22 February 2011, an earthquake measuring magnitude 6.3 struck the city at 12:51 pm. Its hypocentre was located closer to the city, near Lyttelton, at a depth of 5 km (3 mi). Although lower on the moment magnitude scale than

707-554: A grid pattern, centred on Cathedral Square . Growth initially took place along the tramlines, leading to radial development. Major expansion occurred in the 1950s and 60s, with the development of large areas of state housing . Settlements that had originally been remote, such as Sumner , New Brighton , Upper Riccarton and Papanui eventually became amalgamated into the expanding city. The Christchurch functional urban area , as defined by Statistics New Zealand, covers 2,408.1 km (929.8 sq mi). Towns and settlements in

808-415: A legal argument when the purpose of the law at issue may be clear, but the particular application of that law in service of that purpose is in dispute. The party filing the appeal – called the petitioner or appellant , who is attempting to convince the appellate court to overturn the lower court decision – is responsible for submitting his brief first. The responding party – the respondent or appellee, who

909-609: A major trading centre was established at Kaiapoi Pā . British colonial settlement began in the mid-nineteenth century. The First Four Ships were chartered by the Canterbury Association and brought the Canterbury Pilgrims from Britain to Lyttelton Harbour in 1850. It became a city by royal charter on 31 July 1856, making it officially the oldest established city in New Zealand. Christchurch

1010-733: A metropolitan population of over half a million. It is located in the Canterbury Region , near the centre of the east coast of the South Island, east of the Canterbury Plains . It is located near the southern end of Pegasus Bay , and is bounded to the east by the Pacific Ocean and to the south by the ancient volcanic complex of the Banks Peninsula . The Avon River (Ōtākaro) winds through the centre of

1111-514: A new 'home for retardate boys', and its first head was Brother Killian of the Brothers of St. John of God. Funds were raised for the home through events such as an annual fete in the grounds, as well as concerts by the boys. The Marylands Ladies' Auxiliary, which had branches in Leeston, Ruru and Rangiora, was formed to raise funds for the home. In February 1966 it was announced in the press that

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1212-595: A number of minor natural disasters during this period. Heavy rain caused the Waimakariri River to flood Christchurch in February 1868. Victoria Square (known as Market Place at the time) was left underwater with "the whole left side of the [Avon] river from Montreal-street bridge to Worcester street was all one lake, as deep as up to a horse's belly". Christchurch buildings were damaged by earthquakes in 1869 , 1881 and 1888 . The 1888 earthquake caused

1313-435: A period when there was also slow subsidence in the eastern coastal plains of Canterbury and Christchurch. The result has been the deposition of sequences of mostly fluvial gravel (occurring during periods of low sea level and glaciation), and fine deposits of silt, sand and clay, with some peat, shells and wood (occurring during interglacial periods when the sea level was similar to the present). The layers of gravel beneath

1414-429: A population density of 1,370 people per km . Brief (law) In England and Wales (and other Commonwealth countries, e.g., Australia ) the phrase refers to the papers given to a barrister when they are instructed. The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to

1515-502: A similar structure: presentation of issue, presentation of facts, presentation of legal and policy arguments and presentation of outcome. In the United States, the practice of briefing cases for study began at Harvard Law School in the fall of 1870 with the introduction of the case method of teaching by Professor Christopher Columbus Langdell . Case briefing is a widely accepted pedagogical method among law professors today. IRAC

1616-577: A statute of 1704, but are now obsolete, though they are still to be found named in one of the rubrics in the Communion service of the Book of Common Prayer . In the United States, the word differs in meaning from its English counterpart because attorneys in the United States exercise all the functions distributed in England between barristers and solicitors. A lawyer sometimes prepares for his own use what

1717-415: A table of contents; a table of authorities listing the cases, statutes , and regulations that are cited; a presentation of the issues under review by the court, usually in only one sentence if possible; a statement of the case that presents the relevant facts and the previous history of the case in the lower courts; a summary of the legal standard of review that the appellate court should use in evaluating

1818-424: A terrorist attack targeting two mosques on 15 March 2019. The name Christchurch was adopted at the first meeting of the Canterbury Association on 27 March 1848. The reason it was chosen is not known with certainty, but the most likely reason is it was named after Christ Church, Oxford , the alma mater of many members of the association, including John Robert Godley . Christ Church college had similarities with

1919-417: Is a breach of etiquette to let this bag be visible in court. The only brief-bag allowed to be placed on the desks is the red bag, which by English legal etiquette is given by a leading counsel to a junior as a reward for excellence in some important case. This is still viewed as one of the great traditions of the bar. The red bag is embroidered with the junior barrister's initials and a handwritten note of thanks

2020-538: Is a matter of local court procedural rules. In Scotland a brief is called a memorial and in Canada it is called a factum. In Australia the tradition regarding briefs is almost identical to England, except that the use of brief bags is relatively uncommon. In Dutch and German , the word brief refers to a regular letter . In North American law schools , students usually study historical cases by "briefing" them. Law school briefs are shorter than court briefs but follow

2121-441: Is an Abbreviation of Issue, Rule, Analysis (or some say Application), Conclusion. When a potential client has an interview with an attorney and tells of the legal problem, the attorney, or office paralegal, will review prior case law to find out if the client does indeed have a problem that has legal remedy. The formation of each case brief follows the same pattern: Facts, Issue, Rule, Analysis, Impact. A case brief may also include

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2222-462: Is called a "trial brief" for use at the trial. This corresponds in all essential particulars with the "brief" prepared by the solicitor in England for the use of counsel. But the more distinctive use of the term in America is in the case of the brief "in error or appeal," before an appellate court. This is a written or printed document, varying according to circumstances, but embodying the argument on

2323-556: Is defined as the area centred on Cathedral Square and within the Four Avenues (Bealey Avenue, Fitzgerald Avenue, Moorhouse Avenue and Deans Avenue). It includes Hagley Park , and the Christchurch Botanic Gardens . The design of the central city with its grid pattern of streets, city squares and parkland was laid out by 1850. The central city was among the most heavily damaged areas of Christchurch in

2424-712: Is recorded. The lowest temperature recorded in Christchurch was −9.4 °C (15 °F) in the suburb of Wigram in July 1945. On cold winter nights, the surrounding hills, clear skies, and frosty calm conditions often combine to form a stable inversion layer above the city that traps vehicle exhausts and smoke from domestic fires to cause smog. While not as bad as smog in Los Angeles or Mexico City, Christchurch smog has often exceeded World Health Organisation recommendations for air pollution. To limit air pollution,

2525-429: Is satisfied with the lower decision – then files a reply brief within a specified time. Depending on the local rules of procedure, the court may allow or even require the parties to then file additional replies to the opposing party's briefs, multiplying the back-and-forth responses of the parties. Depending on local rules, the court may then decide the case purely based on the submitted briefs or may hear oral argument by

2626-418: Is usually placed inside the bag. In many jurisdictions, the receipt of a red bag from a silk is seen as a rite of passage for a junior barrister. The use of such special bags eventually led to the briefcase . In English ecclesiastical law a brief meant letters patent issued out of chancery to churchwardens or other officers for the collection of money for church purposes. Such briefs were regulated by

2727-592: The Australasian branch of the St John of God order had paid out $ 5.1 million to survivors who had been sexually abused at the school. A nonprofit trust, the Survivors of Sex Abuse Trust, worked with many of the victims. Over 120 complaints were made in regard to sexual and physical abuse alleged to have occurred at the school. Many of the offences were committed in the 1970s. Of the 37 brothers who ministered in

2828-487: The Ballantynes department store on the corner of Cashel and Colombo Streets unexpectedly burned out of control, resulting in New Zealand's worst fire disaster . Despite being initially thought to be under control, the fire suddenly spread to the upper floors and consumed the entire building within minutes. The speed of the fire trapped 41 staff members on the upper floor, all of whom were killed. The department store

2929-659: The Bridle Path because the path was so steep that pack horses needed to be led by the bridle . Goods that were too heavy or bulky to be transported by pack horse over the Bridle Path were shipped by small sailing vessels some 13 kilometres (8.1 mi) by sea around the coast and up the Avon Heathcote Estuary to Ferrymead . Overturned boats at the Sumner bar were a frequent cause of new arrivals to

3030-651: The Brothers of St John of God left Marylands, the Bishop of Christchurch invited them to establish a youth ministry to support vulnerable young people. In 1990, the State formally recognised Hebron Trust as an appropriate place to care for young people. Bernard McGrath , one of the Order's most prolific child rapists was put in charge of operations, despite knowledge of his offending against children as early as 1977. By 2006,

3131-589: The Charlotte Jane was the first to arrive on 16 December 1850. The Canterbury Pilgrims had aspirations of building a city around a cathedral and college, on the model of Christ Church in Oxford . Transport between the port and the new settlement at Christchurch was a major problem for the early settlers. By December 1849, Thomas had commissioned the construction of a road from Port Cooper, later Lyttelton , to Christchurch via Evans Pass and Sumner . By

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3232-585: The Halswell River begins north-west of the Port Hills on the periphery of Christchurch and flows to Lake Ellesmere / Te Waihora . As a consequence of the flat terrain and spring-fed streams, large parts of the area now occupied by Christchurch City were originally a coastal wetland, with extensive swamp forests. Much of the forest was destroyed by fire, mostly likely by the earliest inhabitants, from around 1000 CE . When European settlers arrived in

3333-619: The University of Canterbury ). Christchurch has hosted numerous international sporting events, notably the 1974 British Commonwealth Games at the purpose-built Queen Elizabeth II Park . The city has been recognised as an Antarctic gateway since 1901, and is nowadays one of the five Antarctic gateway cities hosting Antarctic support bases for several nations. Christchurch is served by the Christchurch Airport in Harewood ,

3434-526: The 1970s, with about eighty former students receiving a total payout for compensation of about $ 5 million. Survivors told the Royal Commission of Inquiry into Abuse in Care that the Brothers of St John of God, routinely raped, masturbated and indecently assaulted the young children in their care. There were also times when two or more Brothers sexually abused a child at the same time. In 1984, after

3535-641: The 19th century the possession of a brief-bag was strictly confined to those who had received one from a king's counsel (silk). King's Counsel were then few in number, were considered officers of the court, and had a salary of £40 a year, with a supply of paper, pens and purple bags. These bags they distributed among rising juniors of their acquaintance, whose bundles of briefs were getting inconveniently large to be carried in their hands. These perquisites were abolished in 1830. Brief-bags are now either blue or red. Blue bags are those with which barristers provide themselves when first called, and, in some jurisdictions, it

3636-486: The 19th century, the area was a mixture of swamp and tussock grasslands, with only remnant patches of forest. An early European visitor was William Barnard Rhodes , captain of the barque Australian, who climbed the Port Hills from Lyttelton Harbour in September 1836 and observed a large grassy plain with two small areas of forest. He reported that "All the land that I saw was swamp and mostly covered with water". Most of

3737-485: The 2010 and 2011 earthquakes. Following the second earthquake, the Central City Red Zone was set up as an exclusion zone for public safety reasons, and many parts remained closed to the public until June 2013. A large number of heritage buildings were demolished following the earthquake, along with most of the city's high rise buildings . The Christchurch Central Recovery Plan was developed to lead

3838-867: The Blessed Sacrament was opened in February 1905. It was designed by Francis Petre with inspiration from the Saint-Vincent-de-Paul in Paris. In 1906, the New Zealand International Exhibition opened in Hagley Park, which had over a million visitors. In 1908, the city experienced its first major fire which started at the Strange's Department Store and destroyed buildings in central Christchurch on High St, Cashel St and Lichfield Streets. Christchurch

3939-525: The Catholic Church. These included the Most Rev. E. M. Joyce (Bishop of Christchurch), Archbishop Liston (Bishop of Auckland), and the Most Rev. P. T. B. McKeefry (Bishop of Wellington). At this occasion, Liston said "Each one of the boys that will come here is a person, with all the rights of a person, and they will come here to be fitted for life." At this time, Marylands was known in the press as

4040-546: The Chief Censor, making the footage illegal to possess and distribute within New Zealand. On 2 June 2020, the attacker pleaded guilty to multiple charges of murder, attempted murder, and terrorism. On 27 August, he was sentenced to life in prison without the chance of parole, the first time such a sentence was handed down in New Zealand. Christchurch is halfway along the east coast of the South Island , facing

4141-658: The Christchurch urban area , 3,310 people in the Lyttelton urban area, 1,720 people in the Diamond Harbour urban area, and 6,770 people in rural settlements and areas. Christchurch City had a population of 391,383 in the 2023 New Zealand census , an increase of 22,377 people (6.1%) since the 2018 census , and an increase of 49,914 people (14.6%) since the 2013 census . There were 192,684 males, 196,557 females and 2,139 people of other genders in 150,909 dwellings. 4.5% of people identified as LGBTIQ+ . The median age

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4242-619: The Christchurch community, 21 had allegations of child sexual abuse made against them. The head of the Brothers of St John of God, Brother Timothy Graham, said, I repeat my unreserved apology and that of the Brothers of St John of God to each and every victim of sexual abuse as well as profound sadness for the crimes that took place at Marylands all those years ago. Brother Bernard Kevin McGrath received 21 guilty verdicts and pleaded guilty to one charge of sexually abusing boys in 2006. In 2009 TV One screened an episode of Real Crime: Beyond

4343-672: The Darklands in which clinical psychologist Nigel Latta talked to McGrath's victims and evaluated his motivations and likelihood to re-offend. In November 2012, 252 new charges were laid in New South Wales against McGrath alleging that he repeatedly raped, molested and abused dozens of young boys at church-run institutions in the Newcastle-Maitland diocese over several decades. McGrath, then aged 65 years, flew back to Christchurch from Sri Lanka on 29 November 2012 and

4444-653: The North Island and invaded the Christchurch basin, ultimately gaining control of much of Canterbury. Kāi Tahu arrived a century later, and the two ultimately absorbed Waitaha through a mixture of conflict and marriage. For these early Māori, the area of Christchurch was an important foraging ground and a seasonal settlement. Several Māori settlements were within Christchurch during the early-nineteenth century, such as Pūtarikamotu in modern-day Riccarton , and Papanui . In both cases these were located in areas of surviving tall forest. In South New Brighton there

4545-458: The Port Hill almost reaching Governors Bay in the south-west. Eleven houses were destroyed by fire and over 2,076 hectares (5,130 acres) of land was burned. In 2024, a second fire on the Port Hills burned 700 hectares (1,700 acres). The fire was also started under similarly suspicious circumstances. Lessons from the 2017 fire contributed to a more effective emergency response, and the fire

4646-571: The South Pacific Ocean. With the exception of the Port Hills on Banks Peninsula to its south, the city sits on flat land, on average around 20 m (66 ft) above sea level. The present land mass of New Zealand split from the super continent of Gondwana around 85 million years ago. Prior to that time, mudstone and hardened sandstones commonly known as greywacke was deposited and deformed by tectonic movement. Following

4747-517: The Tautahi in question was the son of the Port Levy chief Huikai. Prior to that, Ngāi Tahu generally referred to the Christchurch area as Karaitiana , an anglicised version. "ChCh" is commonly used as an abbreviation of Christchurch . In New Zealand Sign Language , Christchurch is signed with two Cs. Prior to European occupation of the modern-day greater Christchurch area, the land

4848-399: The action is noted on the brief by counsel, or if the action is compromised, the terms of the compromise are endorsed on each brief and signed by the leading counsel on the opposite side. The brief-bag , in which counsel's papers are carried to and from court, now forms an integral part of a barrister's outfit, although today it is used primarily to carry counsel's robes. In the early part of

4949-459: The admission or rejection of which is to be reviewed, or any extract from a charge excepted to, and an argument exhibiting clearly the points of law or fact to be discussed. This form of brief, it may be added, is also adopted for use at the trial in certain states of the Union which require printed briefs to be delivered to the court. In American courts , the brief typically has the following parts:

5050-455: The area begins in approximately 1250 C.E., with evidence of prolonged occupation beginning no later than 1350 AD. These first occupants lived in coastal caves around modern-day Sumner , and preyed upon local species of moa . The early settlers and their descendants became known as the historic Waitaha iwi. Around c.  1500 the Kāti Māmoe iwi migrated south from the east coast of

5151-683: The area in 1849 and 1850. Working with his assistant, Edward Jollie , they named the various ports and settlements in the area, and chose a simple grid pattern for the streets of Christchurch. The First Four Ships were chartered by the Canterbury Association and brought the Canterbury Pilgrims to Lyttelton Harbour in 1850. These sailing vessels were the Randolph , Charlotte Jane , Sir George Seymour , and Cressy . The journey took three to four months, and

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5252-818: The census question. At the 2018 census, Europeans formed the majority in all sixteen wards, ranging from 57.7% in the Riccarton ward to 93.1% in the Banks Peninsula ward. The highest concentrations of Māori and Pasifika people were in the Linwood ward (18.3% and 9.0% respectively), followed by the Burwood ward (15.5% and 6.6%), while the highest concentrations of Asian people were in the Riccarton ward (34.9%) and Waimairi ward (26.7%). Christchurch urban area covers 294.43 km (113.68 sq mi) and had an estimated population of 403,300 as of June 2024, with

5353-544: The central city remaining relatively unchanged between 1914 and 1960, Christchurch grew rapidly during the 20th century in part due to the construction of many state houses . The earliest state houses were built in Sydenham in the 1900s, to house workers that were employed in nearby factories, with more houses built in 1909 near the Addington Railway Workshops . In November 1947, a basement fire at

5454-613: The city, despite the national economic depression. Many of the city's stone Gothic Revival buildings by provincial architect Benjamin Mountfort date from around this period, including Canterbury University College , ChristChurch Cathedral , Canterbury Museum , and the Canterbury Provincial Council Buildings , among others. Mountfort oversaw construction of a prison on Lincon Road in 1874, which operated until 1999. Christchurch experienced

5555-413: The city, with a large urban park along its banks. With the exception of the Port Hills, it is a relatively flat city, on an average around 20 m (66 ft) above sea level. Christchurch has a reputation for being an English city, with its architectural identity and nickname the 'Garden City' due to similarities with garden cities in England, but also has a historic Māori heritage. Christchurch has

5656-533: The colony losing all their luggage. The Sumner Road was completed in 1857, though this did not alleviate the transport problems. In 1858 the provincial superintendent William Sefton Moorhouse announced that a tunnel would be dug between Lyttelton and Christchurch. While the tunnel was under construction, New Zealand's first public railway line, the Ferrymead Railway , opened from Ferrymead to Christchurch in 1863. Between 1853 and 1876 Christchurch

5757-484: The controlling cases or statutory law. To achieve these ends, the brief must appeal to the accepted forces such as statutory law or precedent , but may also include policy arguments and social statistics when appropriate. For example, if the law is vague or broad enough to allow the appellate judge some discretion in his decision making, an exploration of the consequences of the possible decision outside of legal formalism may provide guidance. Such arguments may also support

5858-399: The country's second-busiest airport. The city suffered a series of earthquakes from September 2010 , with the most destructive occurring on 22 February 2011 , in which 185 people were killed and thousands of buildings across the city suffered severe damage, with a few central city buildings collapsing, leading to ongoing recovery and rebuilding projects. Christchurch later became the site of

5959-436: The decision of the lower court; a summary of the party's argument; and the full discussion of the legal and/or policy arguments explaining why the party believes it should win the case, which will be the most lengthy portion of the brief. The brief may also be accompanied by an appendix that includes copies of the lower court opinions and other documents or court opinions cited in the brief. The particular required format of briefs

6060-459: The eastern Canterbury plains and Christchurch area form an artesian aquifer with the interbedded fine sediments as an impermeable layer, or aquiclude. Water pressure from the artesian aquifer has led to the formation of numerous spring-fed streams. In Christchurch, the Avon River / Ōtākaro and Ōpāwaho / Heathcote River rivers have spring-fed sources in the western suburbs of Christchurch, and

6161-464: The eastern, southern and northern parts of the city were wet areas when European settlement began. Over the period since European settlement commenced, land drainage works have enabled development of land across the city. There are now only small remnants of wetland remaining, such as Riccarton Bush , Travis Wetland , Ōtukaikino wetland, and the Cashmere Valley. Christchurch Central City

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6262-495: The first, of magnitude 5.8 according to the US Geological Survey, 26 km (16 mi) north-east of the city at a depth of 4.7 km (2.9 mi), at 13:58, followed by several aftershocks and another earthquake of magnitude 6.0 and similar location 80 minutes later. On 13 February 2017, two bush fires started on the Port Hills . These later merged and the single large wildfire extended down both sides of

6363-463: The functional urban area include: Christchurch has a temperate oceanic climate ( Köppen : Cfb ) with a mild summer, cool winter, and regular moderate rainfall. It has mean daily maximum air temperatures of 22.6 °C (73 °F) in January and 10.9 °C (52 °F) in July. Summer in the city is mostly warm, but is often moderated by a sea breeze from the north-east. A notable feature of

6464-619: The highest 7.8 metres of the Christchurch Cathedral spire to collapse, many chimneys were broken, and the Durham Street Methodist Church had its stonework damaged. In November 1901, a magnitude 6.9 earthquake , centred near Cheviot , caused the spire on top of ChristChurch Cathedral to collapse again, but this time only the top 1.5 metres fell. On this occasion, it was rebuilt with timber and metal instead of stone. The Catholic Cathedral of

6565-506: The highest for the Christchurch metropolitan area was 42.4 °C (108 °F) recorded in Rangiora on the same day. In winter, subfreezing temperatures are common, with nights falling below 0 °C (32 °F) an average of 50 times a year at Christchurch Airport and 23 times a year in the city centre. There are on average 80 days of ground frost per year. Snowfall occurs on average three times per year, although in some years none

6666-538: The mountains carried alluvial gravels over the area that is now the Canterbury Plains , covering the underlying rock to depths of between 200 and 600 metres. Continuing tectonic movement created faults that penetrate from the greywacke rock into the layers above. These faults remain beneath Canterbury and Christchurch. The glacial/interglacial cycles of the Quaternary Period led to multiple rises and falls in sea level. These sea level changes occurred over

6767-447: The one-way system running through central Christchurch was established. The first two streets to be made one-way were Lichfield and St Asaph streets. They were followed by Barbadoes, Madras, Salisbury and Kilmore streets. A police station opened in 1973 on Hereford street, it was imploded and demolished in 2015. Christchurch hosted the 1974 British Commonwealth Games at the purpose-built Queen Elizabeth II Park . The sports complex

6868-689: The original slates on the building were salvaged to restore the Old Stone House in Cashmere. The home changed its name in January 1984 to Hogben School when it was taken over by the Ministry of Education as a State special school. The land and school buildings had been owned by the Government since the 1970s when money was given for it to be rebuilt after a fire. Staff at the school were involved in 118 sex abuse allegations dating back from

6969-427: The parties. Upon a barrister devolves the duty of taking charge of a case when it comes into court, but all the preliminary work, such as the drawing up of the case, serving papers, marshalling evidence, etc., is performed by a solicitor . The delivery of a brief to counsel gives him authority to act for his client in all matters which the litigation involves. The brief was probably so called from its first being only

7070-464: The planned new city, including its own cathedral, the smallest in England. Other possibilities are that it was named for Christchurch, Dorset , or for Canterbury Cathedral . Many of the early colonists did not like the name, preferring instead the name Lyttelton, but the Colonists' Council resolved to stick with the name of Christchurch in 1851, because it had been used by surveyors and distinguished

7171-420: The population of workers in the city, which soon spread industrialisation to Sydenham . As central Christchurch grew, many cottages were demolished to make way for light-industrial and retail premises near Moorhouse Avenue as they expanded south. Many churches were also built to compensate for its growing Christian population. The population of Christchurch exceeded 100,000 for the first time in 1919. Despite

7272-418: The previous earthquake, the intensity and violence of the ground shaking was measured to be IX ( Violent ) , among the strongest ever recorded globally in an urban area, which killed 185 people. On 13 June 2011 Christchurch was again rocked by two more large aftershocks . This resulted in more liquefaction and building damage, but no more lives were lost. There were further earthquakes on 23 December 2011;

7373-484: The question affected. Most of the appellate courts require the filing of printed briefs for the use of the court and opposing counsel at a time designated for each side before hearing. In the rules of the United States Supreme Court and circuit courts of appeals the brief is required to contain a concise statement of the case, a specification of errors relied on, including the substance of evidence,

7474-575: The rebuild of the city centre, and featured 17 "anchor projects". There has been massive growth in the residential sector in the central city, particularly in the East Frame development. There are currently no legal definition of the boundaries of suburbs in Christchurch. The suburb boundaries are largely defined by third-party agencies, such as Statistics New Zealand and New Zealand Post , and may differ between agencies or sources. The earliest suburbs of Christchurch were laid out with streets in

7575-446: The regional council banned the use of open fires in the city in 2006. Christchurch City covers a land area of 1,415.15 km (546.39 sq mi) and had an estimated population of 415,100 as of June 2024, with a population density of 293 people per km . This is the second-most populous area administered by a single council in New Zealand, and the largest city in the South Island . The population comprises 403,300 people in

7676-406: The retail business of the central city moving out to urban shopping malls. These typically included large car parking areas to suit the growing shift towards personal car ownership, and away from public transport. Hornby became a significant industrial suburb in the 1960s, with industrial and residential premises expanding westwards. The Lyttelton road tunnel between Lyttelton and Christchurch

7777-797: The school was to move to premises in Halswell , vacated in the late 1960s by the Sisters of the Good Shepherd , known as the Mount Magdala home, in Halswell Road. By this time, 156 boys had been through Marylands. Marylands moved to Mount Magdala on 9 December 1966. Here, more boys could be housed, an increase from 57 to 72, with the goal of 100. The original Middleton site was bought by the Waimari County Council and

7878-585: The settlement from the port. The Māori name for modern-day Christchurch is Ōtautahi , meaning ' the place of Tautahi ' . It was adopted as the Māori name for the city in the 1930s. Ōtautahi precisely refers to a specific site by the Avon River / Ōtākaro in Central Christchurch. The site was a seasonal food-gathering place of Ngāi Tahu chief Te Pōtiki Tautahi. A different account claims

7979-548: The split from Gondwana, during the period between 80 and 23 million years ago, the land became eroded and subsided below sea level. Marine and terrestrial sediments were deposited, leaving the greywacke as the oldest and deepest layers ( basement rock ). Around 11–6 million years ago, volcanic eruptions created the Banks Peninsula volcanic complex . Over the last two million years as the Southern Alps were rising, there were multiple periods of glaciation . Rivers flowing from

8080-516: The time that John Robert Godley arrived in April 1850 all of the funds for public works had been used up in constructing the road. Godley ordered that all work on the road should stop, leaving the steep foot and pack horse track that had been hastily constructed over the hill between the port and the Heathcote valley as the only land-access to the area of Christchurch. This track became known as

8181-416: The use of counsel when cross-examining witnesses called by the other side. Accompanying the brief may be copies of the pleadings , and of all documents material to the case. The brief is always endorsed with the title of the court in which the action is to be tried, with the title of the action, and the names of the counsel and of the solicitor who delivers the brief. Counsel's fee is also marked. The result of

8282-793: The victim signs a Non Disclosure Agreement to ensure their silence Marylands School along with two other institutions run by the Order of St John of God was subject to the Royal Commission of Inquiry into Abuse in Care , which commenced its investigation in 2018. In August 2023, the Royal Commission published its interim report which focused on the Order of St John's institutions for disabled and vulnerable children including Maryland School. The report documented several cases of depravity, sexual, physical and spiritual abuse at these institutions, with Marylands School and Hebron Trust described as "hell on earth." The three institutions served disabled and vulnerable children and young people. Brother McGrath

8383-427: The weather is the nor'wester , a hot föhn wind that occasionally reaches storm force, causing widespread minor damage to property. Like many cities, Christchurch experiences an urban heat island effect; temperatures are slightly higher within the inner-city regions compared to the surrounding countryside. The highest temperature recorded in Christchurch was 41.6 °C (106.9 °F) on 7 February 1973, however

8484-647: Was $ 40,400, compared with $ 41,500 nationally. 35,010 people (10.7%) earned over $ 100,000 compared to 12.1% nationally. The employment status of those at least 15 was that 163,554 (50.1%) people were employed full-time, 47,463 (14.5%) were part-time, and 8,913 (2.7%) were unemployed. People could identify as more than one ethnicity. The results were 75.9% European ( Pākehā ); 11.2% Māori ; 4.3% Pasifika ; 17.1% Asian ; 1.9% Middle Eastern, Latin American and African New Zealanders (MELAA); and 2.2% other, which includes people giving their ethnicity as "New Zealander". English

8585-449: Was 37.5 years (compared with 38.1 years nationally). There were 64,722 people (16.5%) aged under 15 years, 84,633 (21.6%) aged 15 to 29, 178,113 (45.5%) aged 30 to 64, and 63,912 (16.3%) aged 65 or older. Of those at least 15 years old, 70,764 (21.7%) people had a bachelor's or higher degree, 160,440 (49.1%) had a post-high school certificate or diploma, and 73,659 (22.5%) people exclusively held high school qualifications. The median income

8686-721: Was a crucial factor in the decision of where to place the settlement of Christchurch, as it proved that the swampy ground could be farmed. The Deans brothers named their farm after their former parish in Ayrshire , Scotland; they also named the river near their farm after the Avon Water in South Lanarkshire , which rises in the hills near to where their grandfather's farm was located. The Canterbury Association 's Chief Surveyor, Captain Joseph Thomas , surveyed

8787-421: Was a major Māori settlement named Te Kai-a-Te-Karoro , this was an important food-gathering area to Ngāi Tūāhuriri that had kelp gull presence and mānuka scrub. Te Ihutai (The Avon Heathcote Estuary ) was an important food source for local iwi and hapū , the estuary providing food such as, flounder and shellfish. Kaiapoi Pā was the most important trading area, and the centre of a thriving economy. The pā

8888-482: Was actually a combination of seven or eight different buildings, joined to form a "perplexing maze" with no sprinklers or alarm system. A subsequent Royal commission of enquiry resulted in changes to the building code to improve fire safety. Thousands of mourners, including the Prime Minister, attended a mass funeral in the aftermath. During the 1960s Christchurch experienced urban sprawl , with much of

8989-476: Was arrested on Friday 30 November to face proceedings to extradite him to Australia on the new charges. In late 2014 he was extradited to Australia and appeared in court on the charges contained in an 8000-page brief . One accuser, Donald Daniel Ku, would testify before the Commission in February 2022, claiming McGrath sexually abused him in 1963 while he was a student at Marylands School and also put him in

9090-483: Was heavily industrialised in the early 20th century, particularly the suburbs of Woolston and Addington , with Woolston housing a large amount of New Zealand's rubber industry. Many warehouses, factories and large premises of railway workshops were built along the Main South Line . There was notable development of breweries, flour mills , and light-commercial in Christchurch. This significantly increased

9191-399: Was heavily industrialised in the early 20th century, with the opening of the Main South Line railway and the development of state housing saw rapid growth in the city's economy and population. Christchurch has strong cultural connections with its European elements and architectural identity. Christchurch is also home to a number of performing arts centres and academic institutions (including

9292-535: Was identified as a "prolific" abuser at Marylands School. 43°33′42.13″S 172°34′8.33″E  /  43.5617028°S 172.5689806°E  / -43.5617028; 172.5689806 Christchurch Christchurch ( / ˈ k r aɪ s . tʃ ɜːr tʃ / ; Māori : Ōtautahi ) is the largest city in the South Island and the second-largest city by urban area population in New Zealand . Christchurch has an urban population of 415,100, and

9393-510: Was jailed for three years for committing sex offences. He unsuccessfully appealed against the length of the sentence. After serving 13 months of a 33-month sentence he was accepted back into the Australian branch of the Order of St John of God . Father Raymond John Garchow (1940s? – 3 March 2011) was given a stay of proceedings relating to eight charges over the sexual abuse of boys because he

9494-615: Was located at the nexus of the major rivers of Christchurch, the Avon River / Ōtākaro, Ōpāwaho / Heathcote River and the Styx River . It was the likely richest eel fishery in the country at that time. Sugar was produced from plantations of cabbage trees . European settlement of the Canterbury Region was largely influenced by brothers William and John Deans in 1843. The Deans farm located in Riccarton Bush

9595-432: Was more-quickly contained. On 15 March 2019, fifty-one people died from two consecutive mass shootings at Al Noor Mosque and Linwood Islamic Centre by an Australian white supremacist . Forty others were injured. The attacks have been described by then Prime Minister Jacinda Ardern as "one of New Zealand's darkest days". Just days after the attacks the live-streamed footage became classified as objectionable by

9696-471: Was open in 1973, one year before the games. On Saturday, 4 September 2010, a magnitude 7.1 earthquake struck Christchurch and the central Canterbury region at 4:35 am. With its hypocentre near Darfield , west of the city at a depth of 10 kilometres (6.2 mi), it caused widespread damage to the city and minor injuries, but no direct fatalities. This was followed by the Boxing Day earthquake

9797-493: Was opened in 1964. Television broadcasts began in Christchurch on 1 June 1961 with the launch of channel CHTV3, making Christchurch the second New Zealand city to receive regular television broadcasts. The channel initially broadcast from a 10-kilowatt transmitter atop the Gloucester Street studios until it switched to the newly built 100-kilowatt Sugarloaf transmitter in the Port Hills on 28 August 1965. In 1969,

9898-501: Was originally swampland with patchworks of marshland, grassland, scrub and some patches of tall forest of mostly kahikatea , mataī and tōtara . The inner coastal sand dunes were covered in hardier scrub bush, including akeake , taupata , tūmatakuru , ngaio , carmichaelia , and coprosma . Christchurch was rich in birdlife prior to European colonisation, as they burned down forests and introduced predators, it led to local extinction of native birds. Evidence of human activity in

9999-557: Was spoken by 95.8%, Māori language by 2.4%, Samoan by 1.3% and other languages by 16.8%. No language could be spoken by 2.1% (e.g. too young to talk). New Zealand Sign Language was known by 0.6%. The percentage of people born overseas was 27.8, compared with 28.8% nationally. Religious affiliations were 31.6% Christian , 2.1% Hindu , 1.3% Islam , 0.4% Māori religious beliefs , 1.0% Buddhist , 0.5% New Age , 0.1% Jewish , and 2.0% other religions. People who answered that they had no religion were 54.9%, and 6.3% of people did not answer

10100-472: Was the administrative seat of the Province of Canterbury . While slow at first, growth in the town began to accelerate towards the end of the 1850s, with a period of rapid growth between 1857 and 1864. Christchurch became the first city in New Zealand by royal charter on 31 July 1856, and Henry Harper was consecrated by the archbishop of Canterbury as the local Anglican bishop. He arrived in Christchurch

10201-666: Was too ill to stand trial. Brother William Lebler was one of three Brothers from St John of God charged with child sex crimes in 2005. Australian Magistrate Hugh Dillon ordered Lebler, Garchow and Maloney to be extradited to New Zealand. Psychologists deemed Lebler "borderline retarded" and therefore was deemed unfit to stand trial. In 2013, Lebler was filmed by the Sydney Morning Herald attended an Alcoholics Anonymous meeting in Sydney CBD. St John of God has paid compensation to many of Lebler's victims, often demanding

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