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1. 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...

2. Legal-Aid-Projection-Report-2022.pdf [pdf, 328 KB]

   ...recent years, offsetting the fall in numbers. The proportion of more serious cases has continued to increase. These more serious cases require substantially more effort and court events2 as they progress. There is also a continuing trend of guilty pleas occurring later in the process which further increases the number of court events. This in turn increases the cost of a case and therefore the amount of legal aid required. While the inflow of more serious cases has stabilised, legal...

3. Applying be a Legal Aid Provider Step by Step Guide [pdf, 468 KB]

   .................................................................................................. 22 1 The application form Completing the application form It is important that you answer every question on the form, except where it is stated the question is optional. You can find the application form here. Please note that if your application (for a single approval) is longer than 150 pages, you will be asked to reduce the number of supporting documents provided to ensure it can be...

4. People charged and convicted of harmful digital communication offences June 2020 [xlsx, 157 KB]

   ...Table 2: Number and percentage of people charged with Harmful Digital Communications Act offences, by court and charge outcome, 2015/2016 - 2019/2020 Table 3: Number and percentage of people charged with Harmful Digital Communications Act offences, by plea type, 2015/2016 - 2019/2020 Table 4: Number and percentage of people charged with Harmful Digital Communications Act offences, by gender, ethnicity and age group, 2015/2016 - 2019/2020 Table 5: Number and percentage of people convicte...

5. People charged and convicted of harmful digital communication offences December 2019 [xlsx, 642 KB]

   ...2019 Table 2: Number and percentage of people charged with Harmful Digital Communications Act offences, by court and charge outcome, 2015 - 2019 Table 3: Number and percentage of people charged with Harmful Digital Communications Act offences, by plea type, 2015 - 2019 Table 4: Number and percentage of people charged with Harmful Digital Communications Act offences, by gender, ethnicity and age group, 2015 - 2019 Table 5: Number and percentage of people convicted of Harmful Digital Comm...

6. Child witnesses in the New Zealand criminal courts [pdf, 795 KB]

   ...was distressed or refused to testify, a witness gave prejudicial evidence, lack of court space, unavailability of the defence lawyer, the trial was aborted because of defence conduct, CCTV equipment was not available, a change in defence counsel and plea. 4 This is the cumulative time over all days children came to court. 9 • Tactics of traditional cross-examination which are likely to reduce the accuracy of children’s evidence. Expressions and sentence constructions “[...

7. Justice Sector Crown Law forecast 2015 to 2019 [pdf, 347 KB]

   ...giving the numbers of disposals of each type over the forecast period is in Table 2 in the Appendix. District Court “committal guilty” cases (the residue of pre-CPA cases involving Crown Law in sentencing serious charges arising from a guilty plea in the pre-CPA pre-committal stage), included in previous forecasts, have now declined to zero. Each category of case has an assumed inflow, and an expected average time to dispose. However, the forecast reports only on disposals as th...

8. McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu MB 19 (40 TKT 19) [pdf, 176 KB]

   ...Discussion [8] This is an uncomplicated case. The respondent has been convicted, as described by Judge Davis in the Napier District Court, “of receiving in terms that he knew required him to account to the Mangamaire B2 Ahu Whenua Trust”. 4 He pleaded guilty to the charges so there is no dispute as to the facts. In short, he knowingly received money that was the 1 141 Napier MB 80-81 2 196 Napier MB 48-49 3 [2013]...

9. CAC 20004 v Wotherspoon [2014] NZREADT 27 [pdf, 58 KB]

   ...Defendant is guilty of misconduct, CAC 20004 further alleges that the Defendant has engaged in unsatisfactory conduct and seeks a finding under s 110(4) of the Act. Discussion [2] Mr Wotherspoon came to the Tribunal today and indicated that he would plead guilty to unsatisfactory conduct in respect of this charge. [3] It is for the Tribunal to determine if the charge has been established and then, if it finds that there has been some level of professional misconduct, whether this...

10. Fishguard & Cannock v Walsall LCRO 109 / 2009 (9 October 2009) [pdf, 81 KB]

    ...the nature of a domestic assault, laid under the Summary Offences Act”. [10] The Assessor was also of the view that the result that was in fact achieved could have been obtained sooner. He noted „the indication from the Police that if a plea of guilty was entered, a discharge without conviction would not be opposed”, and expressed the view that “strong representations to the Prosecution Section should have been made at an earlier stage, before the second status hearing w...