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1. LCRO 145/2019 TS v NU and VL (21 January 2020) [pdf, 128 KB]

   ...responsibility. [43] It is not the role of the Legal Complaints Review Office to provide parties with an opportunity to relitigate their court cases, and I am cautious to speculate on the tactical considerations that would have prompted Ms TS to enter guilty pleas to two charges. [44] In responding to the submissions filed by Mr VL on review, Ms TS suggests that it was her lawyers who had persuaded her to plead guilty and advised her to commence reparation payments. [45] This...

2. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...and AJ worked together. He said he was never made aware that a third-party company would be involved. JD said he had limited English and was relying on what AJ told him when he signed the documents. 15. The claim made by JD is known at law as a plea of non est factum, or “not my deed.” A plea of non est factum may enable an agreement to be set aside for lack of consent. This can occur where a party has executed an agreement in a form radically different from what they intended bec...

3. Legal aid practice standards for all legal aid providers [pdf, 522 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4....

4. [2020] NZREADT 30 Cavanagh (23 July 2020) [pdf, 545 KB]

   ...Both Mr Cavanagh and Mr Arysomayajula were jointly charged with obtaining by deception, fraud, and using a document for pecuniary advantage in relation to 16 specific transactions, between August 2006 and June 2007. Mr Cavanagh entered a guilty plea, and on 22 October 2009, was convicted and sentenced to a term of imprisonment of two years and five months.4 Mr Arysomayajula was found guilty after a trial in the District Court and sentenced to imprisonment for four years and six mo...

5. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...“unsatisfactory conduct”. Each charge was supported by particulars and some by multiple particulars relating to a number of different transactions – (that is, charge six). [2] Prior to the commencement of the hearing, the practitioner entered pleas of guilty as follows: (a) Charge 1 to “conduct unbecoming”. (b) Charge 2 to misconduct in his professional capacity. (c) Charge 4 to unsatisfactory conduct. (d) Charge 6, particular (a), to unsatisfactory conduct. All oth...

6. LA - practice standards for legal aid providers [pdf, 522 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4....

7. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4...

8. Compensation-for-a-Wrongly-Convicted-and-Imprisoned-Individual-FINAL.pdf [pdf, 1.4 MB]

   ...been inco­recorded by the Court registry as six years. This "inputting error" meant that Mr · · was not actually disqualified from driving in March 2013. The District Court granted the application for a rehearing and by consent, the guilty pleas were vacated and the charges withdrawn. As a result of the District Court's decision, Mr- is eligible to apply for compensation under the 2020 Compensation Guidelines f�ngful Conviction and Imprisonment ('the 2020 Guidelines&...

9. Practice Standards for Legal Aid Lawyer (2016) [pdf, 487 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4...

10. Legal Aid Practice Standards [pdf, 487 KB]

    ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4...