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1. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...W Smith ON THE PAPERS DATE OF DECISION 8 July 2019 COUNSEL Ms C Paterson and Ms E Mok for the Standards Committee Respondent - Self-Represented 2 DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] Mr Arman has pleaded guilty to one charge of misconduct pursuant to s 7(1)(a)(i) of the Lawyers and Conveyancers Act 2006 (the Act). The amended charge to which the plea was entered is annexed as Appendix I. The client’s names have been anonymised for r...

2. Status hearings evaluation: New Zealand study of pre-trial hearings in criminal cases [pdf, 487 KB]

   ...Status hearings were introduced on the initiative of judges in the Auckland District Court in 1995, as a type of pre-trial conference. They aimed to avoid the inefficiencies created by last minute cancellations of trials, either because defendants plead guilty or because prosecutions are withdrawn on the day set for a hearing. Status hearings were gradually adopted in most District Courts, as successors to the pre-trial conferences of the late 1980s. Similar pre-trial reviews have been impl...

3. Case management process

   ...Completing a CMM Timeframe for filing Unrepresented defendants Case review Directions about case management procedure   The Criminal Procedure Act 2011 has case management processes for when a proceeding under the Act is adjourned after a not guilty plea has been entered. Case management memorandum After a represented defendant pleads not guilty to a category 2, 3, or 4 offence, a case management memorandum (CMM) will be issued to the defendant’s lawyer. The CMM will be pre-populated wi...

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4. Court materials for interpreters [pdf, 97 KB]

   ...your preparation. The tables below show the hearing types and the corresponding materials you may be provided with. Criminal proceedings: Hearing type Materials First or second appearance • copy of charging document(s) After a guilty plea • summary of facts Defended fixture • copy of the charging document(s) Oral evidence hearing • copy of the charging document(s) • witness list (if available) Trial Before the trial, the judicial officer, counsel, and parti...

5. Criminal case process diagram [pdf, 175 KB]

   ...judge-alone crown prosecutions. 2 3 4 3 4 2 3 Defendant summoned to court, arrested or bailed Charging document – Filed by prosecution • Initial disclosure, name suppression, bail. • Defendant: legal aid application; counsel instructed. Plea may be required. If none entered, ‘not guilty’ plea is assumed. • Offence category 3: defendant can elect jury trial (otherwise trial will be judge-alone). Judge alone trial District Court 1 Jury trial High Court 4 Jury tria...

6. 2023 NZPSPLA 040.pdf [pdf, 91 KB]

   ...December 2022 when he did not respond to the Authority’s directions after the Police had laid a complaint against him. [2] The Police complaint against Mr Hetaraka was on the basis of his historical disqualifying convictions and his recent guilty pleas to the charges of injures with intent to injure and threatens to kill. [3] The Police have now advised that Mr Hetaraka has been sentenced on the ‘Injures charge’, to 6 months Community Detention commencing 14/06/23. He has a...

7. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...relating to: 1.1. the scope of the Bill, so that we are better able to deliver on schedule by the end of the year; 1.2. policy design options for some of the more-straight forward sentencing commitments (including a sliding scale for early guilty pleas); and 1.3. the approach to finalising policy advice on more complex policy matters, including targeted consultation with the judiciary, Parole Board and Law Society. Executive summary 2. At the end of last year, we provided you with...

8. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...the Practitioner hand delivered to the Applicants later that day ([date] May 2011) the Practitioner provided a thorough and detailed report setting out 3 the facts, summarising the Applicants’ instructions, the relevant law, penalty and plea, and informing them of their options. Under the discussion relating to “Penalty” the Practitioner recorded the maximum penalty and the approximate value of the jewellery and informed the Applicants that in the circumstances, and notw...

9. OIA-101731.pdf [pdf, 12 MB]

   ...to be a complex one in that it relates to a large and ongoing cross-agency project. That does not, however, justify the time it has taken to respond and we are reviewing our processes. Your requests and my responses are set out below. 1. Could I please request all submissions/emails in response to the CPIP working groups? I have interpreted CPIP working groups to mean CPIP work streams, and for this part of your request, emails/submissions to be for feedback from the legal association...

10. Criminal Procedure Act 2011: caseload performance for first 12 months [pdf, 672 KB]

    ...for meaningful statistical analysis and comment. Disposals3 100,740 CPA cases disposed by 30 June 2014; 82% from the admin stage Cases dispose when they leave the criminal courts, for example, if the defendant is sentenced (following a guilty plea or finding of guilt) or if the charges are withdrawn or dismissed. There were 137,367 cases disposed in the year ending 30 June 2014: 73% were CPA cases and 26% pre-CPA. The table below shows the split between CPA and pre-CPA case disposa...