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1. Glossary

   ...court case such as the applicants, appellants, respondents, defendants (who are generally called “parties”). perjury A crime in which a person knowingly makes a false statement while under oath. plaintiff The party making a claim in a civil case. plea A criminal defendant's answer to a charge. The defendant can plead guilty or not guilty. practice note Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with...

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2. [2013] NZLCDT 28 Southland Standards Committee v W [pdf, 234 KB]

   ...submitted that W required that we take into account the context in which the conduct occurred and in particular the affect on the respondent of alleged bullying and isolation. [32] If that is a reference to the respondent’s position in making a plea in mitigation regarding culpability and sanction, arising from the respondent’s health issues, then that is a context the Tribunal does take into account, but we note that public protection and confidence in the profession are cor...

3. [2020] NZREADT 08 - Bond (25 February 2020) [pdf, 154 KB]

   ...disgraceful conduct, it could find Ms Bond guilty of misconduct under s 73(b) of the 2008 Act (seriously incompetent or seriously negligent real estate agency work). [2] In a joint memorandum filed in the Tribunal on 21 November 2019, Ms Bond pleaded guilty to disgraceful conduct or seriously negligent conduct in the alternative. [3] The Tribunal is required to determine whether Ms Bond is guilty of misconduct under s 73(a) or s 73(b) of the 2008 Act, and to determine what penalty s...

4. LCRO 133/2019 HM v RN (24 February 2020) [pdf, 117 KB]

   ...instructions to him at the time, in Mr RN’s view, Mr HM had no arguable defence to the charges. Mr HM instructed Mr RN to seek a sentencing indication, which Mr RN did. Mr HM’s instructions remained as they had been, to maintain a not guilty plea and await a jury trial date. [8] Mr RN considered himself unable to continue to represent Mr HM and unable to delay trial further. Mr RN sought and obtained the Court’s leave to withdraw as counsel for Mr HM. [9] Over the cours...

5. BG v TC LCRO 199/2013 (22 January 2015) [pdf, 46 KB]

   ...assertion, and I therefore disregard it. [30] Mr BG says he found Mr TC “the most awkward person to try and reason with”, and that he refused to accept his instructions that he did not commit the offences alleged, advising him to enter guilty pleas to three charges on the basis that the Police might discontinue others. He repeats his view that Mr TC is not a fit and proper person to be a lawyer, and if he had been able to choose (rather than allocated a lawyer by Legal Aid),...

6. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...would be prohibited from considering whether the undertaking is still necessary or desirable, and the extent to which the contravention may have lessened competition in a market. 37. New section 85C impacts upon the ability of a defendant to make a plea in mitigation, or at least, to have it considered. However, we accept that new section 85C (in combination with the mandatory considerations in new section 85A(4)) is designed to place the focus on the behaviour of the defendant, rather t...

7. Chaudhary v The Real Estate Agents Authority (CAC 414) NZREADT 12 [pdf, 187 KB]

   ...to any person in the course of any negotiation, conciliation, or mediation conducted in accordance of a direction…. [34] Ms Mok referred the Tribunal to s 57 of the Evidence Act 2006, as to privilege of settlement negotiations, mediation, or plea discussions. This provides that parties to a settlement or mediation have a privilege in respect of such discussions if the communication was intended to be confidential, and made in connection with an attempt to settle or mediate the...

8. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...the offending occurred over a 16 month period and on nine separate occasions with clear premeditation. (d) We note that Her Honour was not persuaded by a late expression of remorse which she saw as self serving and we note also that the guilty pleas came very late in the piece. [37] The second matter to which we wish to draw attention is that in the course of that sentencing process Mr Martin’s counsel submitted that he was a person of good character. That led to an affidavit...

9. DX v WC LCRO 7 / 2011 (17 August 2011) [pdf, 83 KB]

   ...reality-based advice. He explained that his grievance concerned the approach adopted by the Practitioner which lacked, in his view, a strategic overview that one would have expected of an experienced Family Court lawyer, and that she had ignored his pleas for frugality. [18] A review hearing was held on 10 August 2011 attended by the Practitioner and also the Applicant with a support person. [19] At the hearing the Applicant expressed in greater detail the basis of his grievanc...

10. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

    ...Zealand. He was also admitted as a lawyer in Tasmania, Queensland and Fiji. He was a Notary Public in Fiji. [14] On 24 July 2003 the appellant was charged by the Fiji Police with three counts of perverting the course of justice. He eventually pleaded guilty to one charge on 25 October 2006 and was convicted. Between the date of the charges and the date of the guilty plea, the appellant engaged in civil actions, appeals, applications seeking “constitutional redress”, and de...