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1. Nelson Standards Committee v Bamford [2015] NZLCDT 39 [pdf, 33 KB]

   ...which it is sometimes difficult for a practitioner to accurately identify the various interests, the decision must be removed from the practitioner and put in the hands of the client, on an informed basis. [9] Mr Bamford has acknowledged, by his plea, that he let his client down in this regard. 4 [10] We record that it is extremely important for a practitioner to recognise and clearly turn his or her mind to the consequences where a possible claim against a practitioner b...

2. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...findings by the Weathertight Homes Tribunal and the High Court. He submitted that the applicant should have placed more weight on those findings. [11] Counsel for the respondent has further criticised the applicant’s refusal to accept a compromise plea from him. A proposal was put that the respondent would plead guilty to a charge of unsatisfactory conduct. It was said that proposal was not accepted at the Standards Committee stage of the investigation. Mr Illingworth had reco...

3. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

   ...argued that these failures had the result that Mr Shand was required to attend a trial with resulting stress and expense that went with that. He emphasised that Mr Shand’s exposure to costs was made worse given that he was willing to discuss a plea deal which the Committee did not follow up on. [13] He submitted that there should be a costs order in favour of Mr Shand. His fall-back submission was that, if the Tribunal was not inclined to award costs to Mr Shand, then costs sh...

4. Mr G v Waikato Bay of Plenty Standards Committee 2 [2024] NZLCDT 28 (11 September 2024) [pdf, 134 KB]

   ...he heard, he got from Mr Stevenson. Mr G says, “The advice that, in the event I admitted the first two particulars under the charge of misconduct, strike off penalty would not be sought, was determinative for me. It persuaded me to change my pleas.” [8] Mr Collins does not dispute that, during discussions with Mr Stevenson, he said “I do not see this as a strike-off case” (emphasis added). Mr Collins does not accept that he indicated a position to bind his client. During t...

5. Improving Jury Trial Timeliness - Summary document [pdf, 229 KB]

   ...series of questions at the end of the document to help you address the issues, but these are just prompts and you may wish to comment more generally. We understand that you may not have a view on every proposal, or everything in this document, so please feel free to comment on any part of the paper. 3 How to have your say Please submit your feedback by Thursday 31 October 2024. You can submit your views online through the Ministry of Justice consultation hub: Ministry of Jus...

6. Evaluation of Wellington District Court criminal list pilot [pdf, 122 KB]

   ...appointment times are given for subsequent appearances • ensure that administrative matters are dealt with prior to the defendant appearing before a judge. Administrative matters include determining whether the defendant has had legal advice, is ready to plead, has a pre-sentence report where appropriate, has an interpreter if required and that any mental health issues have been addressed. The evaluation found that the objectives of the new system were substantially achieved. Some recommen...

7. Charging documents

   ...similar circumstances and the offences are committed over a period of time, and the nature and circumstances of the offences make it unreasonable for the complainant to particularise dates or other details of the offences or it is likely that the same plea would be entered by the defendant to all offences if charged separately, and it would be unduly difficult for the Court to manage the charges separately due to the number of offences. Representative charges must include particulars of the...

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8. CM-Position-Profile-July-2021.docx [docx, 31 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

9. Ron-Mansfield-further-submisisons-for-Mr-Tarrant.pdf [pdf, 357 KB]

   ...FURTHER SUBMISSIONS FOR MR TARRANT DATED: 24 FEBRUARY 2022 NEXT HEARING: TUESDAY, 22 FEBRUARY 2022 TO THURSDAY, 24 FEBRUARY 2022 __________________________________________________________________________ 2 MAY IT PLEASE THE CORONER, Counsel for the Mr Tarrant respectfully submits: 1. INTRODUCTION 1.1 There can be no question that the Coroner is charged by statute to determine the circumstances of the relevant parties’ deaths. 1.2 The only per...

10. REAA v Randall [2011] NZREADT 40 [pdf, 47 KB]

    ...20 years, apparently without complaints until recently 2 when there seem to have been a host of somewhat similarly themed complaints. We take that into account. [5] We also take into account that, in effect, Mr Randall made a guilty plea at the commencement of the hearing rather than at the end of it, and the hearing would have taken at least three days. [6] Although the briefs of evidence filed with our Registrar are concerningly accusatory of Mr Randall, there are us...