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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. Reducing residential burglary: what can police do? [pdf, 1.1 MB]

   ...Justice, 2005. Copies of the reports can be ordered from: Legislation Direct PO Box 12-418, Wellington Phone 04-496 5655 Fax 04-496 5698 Published by the Ministry of Justice February 2006 ISBN: 0-478-29022-5 To obtain further copies of this guide, please email publications@justice.govt.nz 1 Contents Reducing residential burglary – what can Police do? 3 Good practice in offender-focused interventions 4 Bail checks – Intel involvement 4 Bail checks – Other 4 Targeting offenders...

8. CAC 20002 v Chand [2014] NZREADT 102 [pdf, 73 KB]

   ...into the issue whether the defendant had committed unsatisfactory conduct rather than misconduct and the prosecution briefs prepared for the charges of misconduct were accepted by the parties and, as Mr McDonald put it, in effect the case became a plea in mitigation. [9] We now summarise salient portions of the evidence as adduced to us by consent. We record that Mr McDonald strongly submitted that, in all the circumstances of this particular case and even though there had been breach o...

9. EV v IG LCRO 111/2013 (8 September 2015) [pdf, 100 KB]

   ...4 Email EV to NZLS (6 December 2012). 5 Email to NZLS (25 January 2013). 6 Email EV to NZLS (30 January 2013). 4 Intervening event [15] On 30 January 2013 Mr IG reappeared in the [City] District Court and pleaded guilty to the charge of driving with excess blood alcohol. The Police withdrew the careless driving charge. Mr IG’s blood alcohol reading was 144mg of alcohol per 100ml of blood (the limit being 80/100). He was fined $1,050 togeth

10. BORA Customs and Excise Bill [pdf, 231 KB]

    ...Presumptions in relation to certain matters 91. Clause 407 of the Bill provides that in any proceedings under the Act instituted by the Crown, 21 every allegation made by or on behalf of the Crown in any statement of claim, statement of defence, plea, or charge in relation to any of the following matters is presumed to be true unless the contrary is proved: a. the identity or nature of any goods b. the value of any goods for duty c. the country or time of exportation of any goods...