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1. Legal aid Criminal Procedure Act 2011 - consultation response - final [pdf, 627 KB]

   ...schedules, as it did when criminal fixed fees were first implemented in March 2012. We made adjustments to the fees urgently when it was clear that, for example, there was a gap in the ability to pay a provider any fee when the client had absconded before plea. 69. We will likewise follow a flexible approach in relation to these changes, and keep them under constant review as they bed in and cases progress through the new court procedures. There is also a full evaluation of the new Fixed...

2. Duty-Lawyer-Policy-v-2-v2.16.pdf [pdf, 424 KB]

   ...lawyers Duty lawyers are required to provide services to unrepresented defendants in accordance with the following broad guidance. They deal with: • matters where the defendant wishes to be represented by the duty lawyer, intends to enter a guilty plea and their sentencing can be dealt with on the day and/or a legal aid application is not required • matters where the defendant wishes to be represented by the duty lawyer, intends to enter a not guilty plea and/or the matter can be...

3. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...and took responsibility for allowing the Brogdens to access the property. He submitted that although Mr Rankin had only formally admitted this charge shortly before the hearing, the Tribunal should still consider a discount for an early guilty plea, as the plea had been indicated to counsel for the Committee approximately one month before the hearing. [b] He is well-respected in the Pahiatua community, both as a real estate salesperson and as a member of the community. Mr Dennet...

4. OIA-102998.pdf [pdf, 1.6 MB]

   ...under section 9 of the Act available at this time. This response, with your personal details removed, may be published on the Ministry website at: justice.govt.nz/about/official-information-act-requests/. If you require any further information, please contact Ministry of Justice Media and Social Media Manager, Joe Locke, at media@justice.govt.nz. You have a right under section 28(3) of the Act to raise any concerns with the Office of the Ombudsman. The Ombudsman may be contacted by em...

5. Sentencing Act changes now in force

   ...offences committed while on bail, in custody, or on parole to denounce behaviour that indicates a disregard for the criminal justice system, as committed to in the National-New Zealand First coalition agreement. Implementing a sliding scale for guilty pleas with a maximum sentence discount of 25 per cent, reducing to a maximum of 5 per cent for a guilty plea entered during the trial. Amending the principles of sentencing to include a requirement to consider any information provided to the court...

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6. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...terms the conduct relates to transactions where he had failed to disclose that his niece, Ms Li Li, would acquire the properties. In the relevant sales he did not obtain the consent of the vendor or provide the client with a valuation. [2] Mr Li pleaded guilty to the charge at the first opportunity. Counsel agree that he and his lawyer cooperated with the Real Estate Agents Authority over the drafting of the charges and an agreed Statement of Facts. [3] Mr Li’s guilty plea is bas...

7. First day in court

   ...with an offence and don’t have a lawyer. Download pamphlets about duty lawyers in other languages Who can get a duty lawyer? Anyone who does not have their own lawyer can use a duty lawyer’s service for free. If you face a minor charge and decide to plead guilty you probably won’t need another lawyer. If you face serious charges the duty lawyer will deal with the immediate issues at the court, but you will need your own lawyer for the next steps. A duty lawyer can: explain to you what of...

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8. Auckland Standards Committee 2 v Burcher, Short and MacDonald [2015] NZLCDT 47 [pdf, 78 KB]

   ...acutely aware of the need for scrupulous compliance. [5] The nominee company was managed on a day to day basis by Mr Burcher, who accepts he must bear the primary responsibility for the defects identified by Mr Maffey. For this reason he has pleaded guilty to two charges of misconduct relating to the breaches identified by Maffey 2, and two charges of “negligence … of such a degree or so frequent as to tend to bring the profession into disrepute”, arising out of Maffey 1....

9. Intervention-Plan-form-Duty-Lawyer-fillable.pdf [pdf, 195 KB]

   Young Adult List – Intervention Plan (Duty Lawyer) 1 Details of young adult Full name PRN Plea Lawyer _____________________________________________________________________________ Plan co-ordinator (e.g., Bail Support, Probation) _____________________________________________ Pre-plan enquiries (tick boxes which are relevant) AOD screening AOD assessment Mental health screening Section 38 MIP assessment report Additional Information The information in this section may...

10. Oliver's story in pictures

    ...the police. He is formally charged with two charges of manslaughter and one charge of reckless driving causing injury. He is fingerprinted, photographed, and placed in a police cell by himself to wait for his court appearance the next day. 4. Oliver pleads not guilty. He will face a jury in the High Court. Oliver is granted bail under strict conditions, including not being allowed to drive. 5. Two days later, Oliver is caught driving. The police arrest him for breaching his bail. Oliver i...

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