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1. Restorative Justice: Standards for Sexual Offending Cases [pdf, 666 KB]

   ...for the offence before a case can be referred to, or accepted for, a restorative justice process A case should not be referred to, or accepted for, a restorative justice process unless an offender has acknowledged responsibility for the offence. A plea of guilty, which may be accompanied by an agreed statement of facts, will provide the clearest indication of an offender’s acknowledgement of responsibility. It may sometimes be appropriate for a restorative justice process to be unde...

2. Auckland Standards Committee 5 v Barton [2020] NZLCDT 28 (10 September 2020) [pdf, 143 KB]

   ...Barton’s last employers gave her a complimentary reference.12 After taking that employment, she advised her new employers that “she was under some sort of disciplinary matter.”13 She worked there for five months. They found her to be “honest, pleasant, punctual and a good worker.”14 [25] We accept the Standards Committee’s submission that the primary purpose of the present proceedings is not punishment15 but the maintenance of professional standards, to denounce the con...

3. BORA Young Offenders (Serious Crimes) Bill [pdf, 408 KB]

   ...matters as the state of court lists, the availability of witnesses and counsel, pre-trial rulings and jury disagreement, might dissuade a defendant on the verge of turning 16 from undertaking the process, thereby potentially inciting a false guilty plea. Are these prima facie breaches justified limitations under section 5? 21. Where provisions are found to be prima facie inconsistent with particular rights or freedoms, they may nevertheless be consistent with the Bill of Rights Act if t...

4. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...private nature of the communications created by Mr Schlooz made them less serious. That is also a factor in this case. [36] The other distinguishing feature found between Orlov and Schlooz was the acceptance of responsibility by way of a guilty plea by Mr Schlooz, whereas Mr Orlov at no time ever acknowledged that his (mis)conduct was inappropriate. [37] Later in his decision, Toogood J held:10 … A starting point of six months' suspension for the most serious cases of t...

5. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...charge”). CAC 20001 consented to the application and the proceeding was adjourned sine die, pending resolution of the criminal proceeding. [6] The criminal proceeding was concluded on 3 February 2016, when Ms Wallace was convicted (following a guilty plea) on a charge of theft by a person in a special relationship under ss 220 and 223(a) of the Crimes Act (“the conviction”). Ms Wallace was sentenced to six month’s community detention, 12 month’s supervision, and ordered...

6. Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B (2019) 220 Waiariki MB 94 (220 WAR 94) [pdf, 322 KB]

   ...Wairata Te Oneone, in person Mr L Hemi for Whakatōhea Māori Trust Board Date: 9 September 2019 JUDGMENT OF JUDGE L R HARVEY [1] This application for a judicial conference was last heard on 26 July 2019 at Ōpōtiki.1 The grounds pleaded were: As per the previous hearing, the owners accepted without prejudice, the resignation of the Whakatohea Māori Trust Board (WMTB) on the basis time was necessary to undertake due diligence. Upon completion of the due diligence,...

7. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 32 [pdf, 119 KB]

   THERE IS AN ORDER MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006 FOR THE SUPPRESSION OF MEDICAL DETAILS. PLEASE SEE ORDER 5 ON PAGE 10 FOR FULL SUPPRESSION DETAILS. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2018] NZLCDT 32 LCDT 036/17 UNDER The Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND LAW SOCIETY Applicant AND ROBYN PHILIPPA JOY FENDALL Respondent C...

8. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...employment.” [20] Ms DZ assigned Ms SH to the file, and provided instructions, saying: “Mr SO will be the main applicant. His English is not very good, may need to do English course. His occupation is that of Electrical Engineering Technician. Please review qualifications – NZQA will be required to claim qualification and bonus points.” [21] Following this, Ms SH sent a letter dated 3 June 2010 to Ms BC and Mr SO. It was a lengthy letter covering a range of issues. [22]...

9. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...Law Society. Censure [45] We record in this decision the Tribunal’s formal censure of the practitioner. He has failed in his obligations to his profession to abide by an order made by his profession’s disciplinary body following a guilty plea being entered by him in December 2016. In doing so, he has seriously fallen short in his professional obligations. This censure forms part of the practitioner’s record. Orders 1. Mr Burcher will be suspended for two months from 1...

10. [2021] NZEmpC 29 Gestro v Relph [pdf, 239 KB]

    ...However, it is also well established that the Court may consider the provisions of the EA, applying them if the interests of justice so require. [30] Section 57 of the EA materially provides: 57 Privilege for settlement negotiations, mediation, or plea discussions (1) A person who is a party to, or a mediator in, a dispute of a kind for which relief may be given in a civil proceeding has a privilege in respect 5 Jackson v Enterprise Motor Group [2004] 2 ERNZ 424 at [16]. 6...