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1. OX v XX Standards Committee LCRO 180/2015 (4 October 2016) [pdf, 456 KB]

   ...over several months when he took further instructions and provided advice, prior to the two weeks before the trial was due to commence. As I understand it, Mr OX had by then provided written advice to his client in relation to the charges, and on plea. Mr OX says he met with his client over the first of the two weeks before trial, and took further detailed instructions. He says his ability to take further instructions was compromised by his client being in custody for the final w...

2. 2017 archive

   ...health applications for legal aid. The new form is available in editable PDF and can be ordered in print. Any applications received on the old family and civil application forms will be rejected. If you have any issues with accessing the new form, please let us know Section 26 Parole Act applications 5 December 2017 - after considering feedback from legal aid providers, we have reviewed the policy relating to applications made under s. 26 of the Parole Act.  As you may be aware, under...

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3. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...estoppel which will now be briefly considered. [27] The requirements of the estoppel are set out in the following extract from the Laws of New Zealand: 20. Issue estoppel. An estoppel which has come to be known as issue estoppel may arise where a plea of res judicata to a cause of action could not be established because the causes of action are not the same.1 Under issue estoppel, a party is precluded from contending the contrary of any precise point which, having once been distin...

4. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...charges are laid against you and the nature of these charges.  Court dates and times including those that you will need to make an appearance.  Any changes in your approach to the charge (or any additional charges) including any change of plea.  The date(s) of any trial should the charge proceed to a full hearing and the final outcome when it is known to you. [13] L Limited then proposed a return to work two days later if the foregoing conditions were acceptable to S,...

5. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...Zealand Ltd [2004] 1 ERNZ 614 (EmpC). 12 Privilege for communications with legal advisors under s 54 of the Evidence Act 2006: privilege for preparatory materials for proceedings under s 56; and privilege for settlement negotiations, mediation, or plea discussions under s 57. Part 2: Ms van Kleef raised an issue as to the groupings of documents in Part 2. Mr Cowan said Part 2 had been prepared under r 8.61(2) of the High Court Rules. He has, however, agreed to file a m...

6. LCRO 77/2020 MP v RJ (30 July 2020) [pdf, 194 KB]

   ...of a judicial settlement conference, Mr MP returns by a direct route, to an issue he had raised in his first complaint. [44] I agree with the Committee that statements made at a settlement conference are privileged. [45] Mr MP makes forceful plea that it is “incredible that the legal profession and the law tolerate opponents writing lies in “will say” statements and telling lies in front of a judge in a judicial settlement conference situation. This appears to me to be fund...

7. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...that could be expected of a reasonably competent lawyer; the other was a breach of duty to the Court. [35] The background circumstances were that the Practitioner’s client, EA, sought an appeal on the ground that he had entered a ‘guilty’ plea on the basis of a sentencing indication for all offences of [number] years, and that the Court had imposed a [number] year sentence, plus [number] for an additional offence. [36] Notwithstanding the Court of Appeal’s criticism, the...

8. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...reporting letters and communications to be tailored to the needs of individual clients. “There are no reporting letters to the client as to the state of the proceedings, strengths and weaknesses of the case, advice as to the discounts for early guilty pleas, court attendance [records], or a final reporting letter addressing the sentence imposed and appeal rights.” “There were very few reporting letters to clients and no client care information on the files.” Poor and very poo...

9. Restorative Justice: Reoffending Analysis for cases 2008 - 2011 [pdf, 651 KB]

   ...study compared 2,323 conferenced offenders with 6,718 matched offenders. 3 Offenders in the study included those who:  had been charged with an imprisonable offence involving a victim  were aged 17 or over  entered a guilty plea  did not receive a custodial sentence,1 and  were charged in a district court from which referrals were received by restorative justice providers included in the study. The measures of reoffending used in this study were frequ...

10. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

    ...without an agency agreement in place. While the Tribunal has on many occasions refrained from ordering suspension in cases where it would otherwise have been appropriate, when a licensee expresses an early acknowledgment of wrongdoing, or enters a plea of guilty to charges, that option is not open to the Tribunal in this case. [47] We have concluded that an order for suspension must be made in this case, in order to address the totality of Ms Tafilipepe’s offending, and to achieve...