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1. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...or incompetence in her professional capacity of such a degree as to bring the profession into disrepute. [3] The practitioner accepted that she had been negligent or incompetent to such a degree as to bring the profession into disrepute and pleaded guilty to that charge. The Standards Committee accepted that plea and did not pursue the other charges. A Statement of Facts, agreed by the practitioner, was filed by the Standards Committee. [4] The Tribunal accepted that thi...

2. People charged and convicted of harmful digital communications offences June 2018 [xlsx, 786 KB]

   ...outcome, 2015/2016 - 2017/2018 Table 2: Number of people charged with Harmful Digital Communications Act offences, by court and charge outcome, 2015/2016 - 2017/2018 Table 3: Number of people charged with Harmful Digital Communications Act offences, by plea type, 2015/2016 - 2017/2018 Table 4: Number of people convicted of Harmful Digital Communications Act offences, by court and most serious sentence, 2015/2016 - 2017/2018 Table 5: Number of people convicted of Harmful Digital Communi...

3. Online manual HCC Policy and procedures v3.2 [pdf, 359 KB]

   ...HCC framework either from the outset, or after a grant of aid has been approved. Once placed under this management system, the grant will remain there until the case has been concluded. 2. Grants will be automatically placed under HCC (where no plea or a not guilty plea has been indicated) if the case relates to one of the following matters: 2.1. homicide offences (including charges of Infanticide) – s158-181 Crimes Act 1961 2.2. serious fraud offences – being all cases in...

4. People charged and convicted of harmful digital communications offences December 2018 [xlsx, 629 KB]

   ...2018 Table 2: Number and percentage of people charged with Harmful Digital Communications Act offences, by court and charge outcome, 2015 - 2018 Table 3: Number and percentage of people charged with Harmful Digital Communications Act offences, by plea type, 2015 - 2018 Table 4: Number and percentage of people convicted of Harmful Digital Communications Act offences, by court and most serious sentence, 2015 - 2018 Table 5: Number and percentage of people convicted of Harmful Digital Com...

5. Evidence Brief: Mental Health Courts [pdf, 255 KB]

   ...into court-mandated and monitored community-based treatment. MHCs in different countries share a number of elements: • defendants are selected for a programme by a screening process against entry criteria (e.g., clinical criteria, guilty plea, etc) • eligible defendants are given the option of participating in the mental health court • a multidisciplinary team, typically made up of justice and mental health professionals, works with the court to develop a community...

6. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...the subject of the charge occurred during the period February 2005 to September 2007, when the Law Practitioners Act was in force, some provisions of that Act apply in respect of the charge, under the transitional provisions of LCA.1 [3] Ms Fendall pleaded guilty to the charge of misconduct, and the Tribunal convened in Auckland on 31 January 2012 to hear submissions on penalty, costs, and suppression. This decision records the oral decision given at the hearing regarding suppression an...

7. [2010] NZEmpC 10 Snowdon v Radio New Zealand Ltd [pdf, 147 KB]

   ...outcome, I would then be able to rule on the plaintiff’s disclosure challenge. In the event the Court did not hear further from either counsel. [16] As I have previously stated, the disclosure challenge proceeded on the basis of the current pleadings and on the assumption that the plaintiff will be able to prove her fraud allegations, which are strenuously denied by the defendant. With the exception of the material that has been put before the Court by the defendant in relation...

8. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...documentation such as poorly drafted documents that did not fully canvass all live issues. In one case, the auditor noted these exceptions in quality pushed the lawyer closer to gaining a poor rating rather than an acceptable one. In other cases advice on pleas were not recorded, or why trial by Jury was elected. Poor and very poor results Often little if any documentation was on file that showed how matters had been progressed. The quality of advice could often not be assessed, becau...

9. Justice Sector seriousness score (2016 update): FAQs [pdf, 585 KB]

   ...effect on sentence severity” (MacKinnell et al., 2010). Sentences imposed take into account many factors other than seriousness of offending (mitigating and aggravating factors). Under the Sentencing Act 2002, mitigating factors may include the plea (whether and when they pleaded guilty), age, and remorse shown. Aggravating factors may include previous criminal history, premeditation, and whether the victim was a constable or prison officer. Note that several of these considerations rel...

10. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

    ...assertion that he was engaged as a licensed salesperson, Mr Drever would have been well aware, as a consequence of his status as a licensed agent, that the agency which engaged him had to be managed appropriately. Finally, Mr Drever’s repeated plea that he had been inadequately supervised and managed indicates that he failed to take responsibility for his conduct, and failed to comprehend what was required to remedy the situation. [29] Finally, we do not accept that (as Mr Drever...