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1. Wellington Standards Committee 2 v Austin [2016] NZLCDT 33 [pdf, 62 KB]

   ...November 2016 COUNSEL Mr G Burston and Ms A Garrick for the Standards Committee Mr P Chisnall for the Practitioner 2 REASONS OF THE TRIBUNAL FOR DECISION ON PENALTY Introduction [1] The practitioner had indicated a plea of guilty to a charge of negligence or incompetence such as to bring the profession into disrepute and both counsel had discussed and negotiated a proposed penalty which was put before the Tribunal. Having considered the considerable b...

2. High quality legal aid services [pdf, 466 KB]

   ...outcomes was framed in terms of facilitating their clients’ access to justice. A good outcome was described as getting the best possible result for the client considering the facts of the legal case – as related in the example below. A change of plea was to a reduced charge with potentially significant benefit to the client. The provider had difficulty getting witness briefs from [client] but perseverance paid off and a not guilty verdict was achieved. Auditors often acknowledged...

3. Sentence indication

   A sentence indication is a statement by the court that provides you with an idea of the type or quantum (amount or length) of sentence you would be likely to receive if you were to plead guilty at this stage of your proceeding. A sentence indication could indicate the type of sentence you would be likely to receive, for example, a sentence of imprisonment. It may also indicate the type of sentence within a specified range or quantum. For example, the periods of time you may be expected to serve...

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   4. Representing yourself in a criminal case in the High Court

4. Court materials for interpreters [pdf, 97 KB]

   ...your preparation. The tables below show the hearing types and the corresponding materials you may be provided with. Criminal proceedings: Hearing type Materials First or second appearance • copy of charging document(s) After a guilty plea • summary of facts Defended fixture • copy of the charging document(s) Oral evidence hearing • copy of the charging document(s) • witness list (if available) Trial Before the trial, the judicial officer, counsel, and parti...

5. AODT Court Waikato Participant Handbook [pdf, 645 KB]

   ...you can live a healthier and happier life. And if you’re living a healthier and happier life, your whaanau/family will benefit from this too! This handbook gives you more information about how the AODT Court works, and how it can help you. Please share this booklet with your whaanau/family if you’d like to. It may help them understand what you’ll be doing in the AODT Court and also help them to support you. The AODT Court is an abstinence court. This means you must not use...

6. 2023 NZPSPLA 040.pdf [pdf, 91 KB]

   ...December 2022 when he did not respond to the Authority’s directions after the Police had laid a complaint against him. [2] The Police complaint against Mr Hetaraka was on the basis of his historical disqualifying convictions and his recent guilty pleas to the charges of injures with intent to injure and threatens to kill. [3] The Police have now advised that Mr Hetaraka has been sentenced on the ‘Injures charge’, to 6 months Community Detention commencing 14/06/23. He has a...

7. AF v Secretary for Justice 16 May 2012 NZRA 000007 [pdf, 121 KB]

   ...over function. That ‘people skills’ are more important than ‘law skills’ particularly in criminal and family law matters. Arising out of that he asserts that his involvement in indictable sentencing matters which involved early guilty pleas should benefit him in the assessment of his suitability for Category 2 matters. That two members of the Northern Selection Committee had a conflict of interest by reason of their professional association with a named barrister agai...

8. CAC10073 v Philip Kenny Real Estate Ltd [2013] NZREADT 19 [pdf, 41 KB]

   ...there must be strict compliance with the handling of clients’ money by a licensee. However, he accepted that against that serious principle in this case, there are some notable mitigating factors. He referred to the defendant’s early guilty plea, the repayment of the amount in dispute together with interest, and to the defendant having acted at material times on rather inappropriate legal advice (and we note that was not the advice of present counsel Mr Argyle). [18] Mr Clancy als...

9. Taranaki Standards Committee v Flitcroft [2011] NZLCDT 4 [pdf, 36 KB]

   ...responsibility on a prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submi...

10. Taranaki Standards Committee [2010] NZLCDT 12 [pdf, 36 KB]

    ...responsibility on a prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submi...