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1. 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...

2. 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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3. 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...

4. 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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5. 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...

6. Auckland Standards committee 2 v Burcher Short [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....

7. 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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8. National Standards Committee 1 v Kuddus [2023] NZLCDT 46 (13 October 2023) [pdf, 118 KB]

   ...who were dying; whanau could not be visited. The general populace was acutely conscious that free movement, in ordinary times taken for granted, was withheld. [5] Mr Kuddus does not wholeheartedly accept that he wilfully broke the law. Having pleaded guilty at the criminal hearing on 15 July 2022, he there attempted to distance himself from “intentional” failure to comply. The judge gave him time to consider changing his plea and, after having taken time, he maintained his gui...

9. Form 24 Criminal legal aid fixed fees D-F [pdf, 393 KB]

   ...Date activity/fixed fee completed Final invoice Interim invoice Date of final disposition (if final invoice) Schedule D (excl. GST) Schedule E (excl. GST) Schedule F (excl. GST) Base Fees All guilty plea and sentencing preparation (including sentencing indication) Committal (including post committal conference) Preparation (memorandum – initial callover) Preparat...

10. Self-represented litigants: an exploratory study of litigants in person in the New Zealand criminal & family jurisdictions [pdf, 1.2 MB]

    ...88 10.1.3 Case types 88 10.2 Demographics 90 10.3 Summary 91 11 Why do litigants appear self-represented in the criminal summary jurisdiction? 92 11.1 Reasons for appearing without representation 92 11.1.1 Views of key informants 92 11.1.2 Plea types and charges 93 11.2 Legal aid findings from the criminal jurisdiction 94 11.3 Summary 94 12 Impacts of self-represented litigants in the criminal summary jurisdiction 96 12.1 Impacts on others 96 12.1.1 Impact on judges 96 12...