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1. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...jurisdiction. The reason for this lies in the historical origins of that court. The Supreme Court Act 1860, ss 4 to 6 conferred on the (then) Supreme Court of New Zealand the same jurisdiction as that possessed by the Courts of Queen’s Bench, Common Pleas and Exchequer as at 1860. The Judicature Act 1908, s 16 and the more recent Senior Courts Act 2016, s 12 form an unbroken chain carrying that jurisdiction forward to the present time. The Senior Courts Act, s 12 presently pro...

2. 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...

3. [2020] NZSAAA 1 (3 February 2020) [pdf, 293 KB]

   ...Secretary, the only live issue on this appeal is whether the reg 20(7) discretion should nevertheless be exercised in her favour out of what she describes as “compassion” for the “unusual (abnormal)” nature of her case. In support of this plea she describes in some detail the ongoing impact of the accident and its aftermath on her ability to study and to discharge her clinical responsibilities over the whole period of her medical studies. It is unfortunate that neither the Secret...

4. 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...

5. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...months. [2] Mr Burcher denies that he was providing regulated services and says that, in most instances, he was acting as a trustee and therefore a client, not a lawyer. Issues [3] The issues to be determined are: 1. Did any of the instances pleaded fall within the definition of the provision of legal services? (a) In each instance, was the nature of the work or activity “legal work” or “conveyancing” as defined? And (b) In each instance, was the work carried out “f...

6. Justice Matters - issue 16 - October 2019 [pdf, 4.6 MB]

   ...This is an issue that has been driven and led by New Zealand based on recent breaches of suppression orders in a high profile case. The importance of recognising suppression orders is a major one. No person or organisation is above the law. I am pleased at the initial commitments made by our counterparts in the UK, Canada, and Australia at July’s five-country ministerial meeting in London. On another tack, Parliament recently passed a piece of legislation, again delivered by the Just...

7. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...reparation of $8,845 (half of $15 per hour x 1,324 hours worked less payments to the client). He was discharged on four other charges.1 [30] The District Court’s sentencing notes concerning Ms Ortiz are dated 17 May 2019.2 They record that Ms Ortiz pleaded guilty to three charges of exploitation under the Immigration Act 2009. The charges related to failing to pay entitlements under the Holidays Act 2003, failing to meet the employer’s obligations under the Minimum Wage Act...

8. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

   ...with the provision of regulated services. (b) The circumstances of the advance to Mr UOY in relation to the Town A property “was the subject of scrutiny in the High Court, wherefore, Mr UOY made an admission of the claim set out on those pleadings thus satisfying the primary purpose of the case (that he should be replaced as trustee by the XYT Trust)”. (c) Mr UOY has promoted and maintained proper standards of professionalism. (d) Mr UOY’s conduct “in respect of a...

9. 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...

10. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

    ...consult is enabling flexibility in the timing of jury election. More defendants are electing jury trial to preserve their options 27 Currently, a defendant charged with a category 3 offence must decide whether to elect a jury trial at the time they plead not-guilty. This is usually required by their second appearance, a very early stage of a criminal prosecution. 28 The Ministry of Justice has been advised by the Public Defence Service, Crown Law, legal professional bodies and some prose...