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1. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

   ...further borrow to cover this amount. [20] In total Mr Yoon has paid $54,721.45 to remedy the trust account errors. Strike-Off Sought for Mr Baker [21] Mr Baker, to his credit, immediately admitted his wrongdoing and the likely consequences. He pleaded guilty to the charges faced by him at the earliest date and appeared at the penalty hearing. He filed a submission expressing his remorse and in particular, the flow-on effect and damage to his partner Mr Yoon. It is clear that this...

2. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...in Mandarin. It comprised a statement he might make to Immigration New Zealand to suggest his wife had lied in her application to get permanent residence. On 6 July 2020 at 1.13am, Ms A sent an email to the wife’s solicitor in these terms: Please see the below my client’s proposed letter to Immigration NZ, I will suggest your client to negotiate with our client to resolve the matter in an amicable way. If we do not hear from our client by the end of the week, I will have no ch...

3. [2007] NZEmpC CRC19/07 Abernethy v Dynea NZ Ltd [pdf, 79 KB]

   ...problem with the Employment Relations Authority. This alleged unjustified disadvantage and unjustified dismissal and sought interim reinstatement to his former role of senior technician with the defendant. Dynea’s defence to that grievance pleaded only accord and satisfaction based on the outcome of the earlier settlement negotiations. This was effectively a protest to the jurisdiction of the Authority. There was no plea to the substance of the grievance. [4] The Authority...

4. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...comply with a notice to fix; undertaking earthworks in a manner that contravened the District Plan; and permitting a contravention of an Abatement Notice. In the District Court at Auckland, Judge Harland heard the matter and, following his guilty pleas, imposed total fines on Mr Sanora of $67,050. Mr Sanora took that sentence on appeal to the High Court where it was heard by Gault J and, in a decision given on 8 October 2019, for the reasons that he gave, that Judge reduced the tota...

5. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...unsatisfactory conduct but also misconduct. Currently, we would not think that revocation, or even suspension, of licence is required or appropriate on the particular facts of this case so that the defendant might be well advised to enter a guilty plea at this stage. 14 [76] We observe that the skilled services for which Mr Gollins expected payment seem to have been provided by him for both vendor and purchaser “for the purpose of bringing about a transaction” in terms of...

6. Waikato Bay of Plenty Standards Committee v Fletcher [2013] NZLCDT 16 [pdf, 132 KB]

   ...QC and Mr M Treleaven for the Standards Committee Mr G Illingworth QC and Mr D Wood for the Practitioner 2 DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Charge [1] The practitioner, Mr Fletcher, has pleaded guilty to one (amended) charge of professional misconduct as follows: “The Waikato Bay of Plenty Section 356 Standards Committee of the New Zealand Law Society HEREBY CHARGES CHARLES FLETCHER of Hamilton, Barrister and Solicitor, w...

7. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...support explanation as to why his hair follicle readings had recorded the presence of methamphetamine. [7] At the time these directions were made Mr A was serving a sentence of home detention. That sentence followed from his entering of a guilty plea to a charge of attempting to pervert the course of justice. The context in which that charge arose, was that Mr A had fabricated an earlier hair follicle test result to conceal a positive finding. [8] Mr A filed his affidavit as dire...

8. Regulatory Impact Statement Addressing child pornography and related offending [pdf, 236 KB]

   ...requires a number of factors to be taken into account by the sentencing judge. The maximum penalty for the offence is only one of these factors. Sufficiency of evidence, sentence negotiation, quality of sentencing submissions and early guilty pleas all affect the sentencing outcome because child pornography publications form a subset of other publications that are considered objectionable, it is not always possible to obtain specific statistics on child pornography prosecutions....

9. Environment Court annual review 2014 [pdf, 3 MB]

   ...former Planning Tribunal established under previous Acts. As a specialist Court of Record, it has a particular place in New Zealand's Court system, and in the Resource Management system. The Courl's place in the New Zealand Courl system Please refer to Appendix 1 to this Review for information about the place of the Environment Court in the New Zealand Court system, as background and context for many of the issues discussed in this document. The Courl's place in the...

10. Lewis v New Zealand Law Society [2018] NZLCDT 33 [pdf, 243 KB]

    ...clients; • Your lack of understanding and insight regarding the competency issues; and • You had no appreciation of the need to change, or how to change your practice to address these issues.” Disciplinary History 1. In 2004 Ms Lewis pleaded guilty to three charges of misconduct which directly related to professional competence on three files. While it would seem, with hindsight, that Ms Lewis was disadvantaged by her employment situation, and that her employer’s involv...