Search Results

1. 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

2. Impact of S24A of the Sentencing Act on Reoffending [pdf, 289 KB]

   ...courts are proactive in promoting restorative justice. 10. The amendment introduced a requirement that all eligible cases be adjourned to consider whether restorative justice would be appropriate prior to sentencing. The criteria include a guilty plea, at least one identifiable victim, restorative justice has not been used before in that case, the case is before the District Court, and the registrar informs the court that an appropriate restorative justice process can be accessed. 11...

3. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...explanation by the employer. Two Air New Zealand stewards were charged jointly with smuggling a video cassette recorder. One of the stewards was acquitted but the other was convicted. The steward who was acquitted was subsequently convicted on a guilty plea of being in possession of uncustomed goods.5 [43] The case never reached the stage where the employer was required to explain, because the circumstances of each employee were different. One was not a party to smuggling whereas...

4. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...the actual cost of services, whichever is lower. This will ensure any repayment amounts do not exceed the average cost of a standard district court PAL1 criminal matter. If the participant exits the AODT programme early and withdraws their guilty plea, then costs incurred after exiting the AODT court will not be considered within the partial write off review and additional costs will be incurred. Rostering policy Only duty lawyers with a Criminal PAL1 approval who have applied to jo...

5. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...Māori are significantly over-represented in the group of offenders who have received a strike. 21 Three strikes regimes may also have a negative effect on victims. International evidence shows that three strikes regimes decrease the rate of guilty pleas.9 This means that victims who would otherwise be spared the trauma of giving evidence, may be re-victimised by having to testify. 22 The regime incurs costs to government. International evidence also shows that similar regimes increase...

6. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...compensation, $25,000. The review application is dated 31 July 2012, at which time Mr RN had not secured judgment by default against the TLs. Since then, his drive for compensation has abated and the thrust of his review application turned to a plea that harsher penalties should be imposed on Mr QW. [82] As the review progressed, Mr RN’s concerns expanded, became more personal and increasingly serious. The process of review is not the place to air concerns about a practitioner’...

7. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

   ...that if the members voted for the motion, this would have the effect of stopping the body corporate from throwing good money after bad. [83] History has proved him largely correct, but that is not the point. On the day, so it would seem, his plea fell on mostly deaf ears because the motion was defeated. [84] There is no reason to doubt that what Mr DO said accorded with his instructions from his client. A belief that the litigation was unfair and wasteful appears to have been th...

8. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...satisfied that given the existence of the 12 October 2009 correspondence, the Ngāti Pāoa Whānau trustees were well aware of the pending hearing and that the final destination of the Railcorp settlement monies was at issue. [60] We find that the plea by the Whānau Trust to be allowed to retain the Railcorp settlement monies should fall on deaf ears. As we have stressed a number of times the decision of the Court in 1995 was an interim one only. There is nothing in the corresp...

9. Research on the effectiveness of police practice in reducing residential burglary part 9 [pdf, 145 KB]

   ...evidence • they had confessed, apologised and returned the goods. Sentencing _____________________________________________________________ 59 One commented: Every time I’ve gone to court I’ve pleaded guilty. They’ve never taken my guilty pleas into consideration. I never had time taken off for that. That’s the truth for all my crimes, no time was ever taken off for any pleas. So I haven’t felt I’ve been treated very fairly. [RO-05] The informant who could not decide o...

10. Youth Court - Signed, sealed – (but not yet fully) delivered [pdf, 817 KB]

    ...Youth Courts in New Zealand, with the first “purpose built” Youth Courts being constructed recently. - “Not Denied”: The Western adversarial concept of putting the prosecution “to the proof” can be seen as a discouragement to people to plead guilty and accept responsibility for their actions. 87 As noted, the Youth Court avoids taking a guilty or not guilty plea and, instead, asks the young person whether the charge is “not denied”. When a charge is “not denied”...