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

   1 “Signed, Sealed – (but not yet fully) Delivered” An analysis of the “revolutionary” 1989 legislative blueprint to address youth offending in New Zealand, particularly by young Māori, and a discussion as to the extent to which it has been fully realised. Paper to be delivered at the “Healing Courts, Healing Plans, Healing People: International Indigenous Therapeutic Jurisprudence Conference” by His Honour Judge Andrew Becroft1

2. OIA-102999.pdf [pdf, 2.9 MB]

   ...PDS lawyers rostered for PDS courts. My question asked for "How many providers are on each individual roster", which means that for a PDS supervised court, the count should include both PDS and non-PDS duty lawyers on that court roster. Please provide that information. 2. The duty lawyer question may just be that PDS lawyers don't need to have been approved as duty lawyers to act as duty lawyers at court. I say this because for courts where the PDS has a presence, the...

3. Decision-of-Coroner-B-Windley-as-to-Scope-of-Issues-for-Inquiry-28-4-22-signed.pdf [pdf, 1 MB]

   ...Terms of Reference). 7 firearms legislation and activity by entities or organisations outside the public sector, such as media platforms, were also expressly excluded.10 Information disclosure in prior processes [12] The guilty pleas meant there was no criminal trial.11 The acceptance of responsibility for criminal offending by way of a guilty plea might ordinarily be thought to be helpful to the immediate family of a victim in that it relieves them of the trauma the...

4. RIA Terrorism Suppression Act part 2 [pdf, 1 MB]

   ...strengthen counter-terrorism measures in New Zealand. “Terrorist act” definition The “terrorist act” definition remains untested by the courts, with the only case that has been successfully prosecuted (R v Tarrant2) resulting in a guilty plea. However, agencies, including New Zealand Police, have identified that there are aspects of the definition that may impede their ability to utilise the TSA as intended. Given the “terrorist act” definition is the cornerstone of the T...

5. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

   ...from that procedural defect was not fair to Mrs RR or Mr QQ. The process from then on was tainted by that procedural unfairness. It appears from the decision under review that the Committee was swayed by the blended narrative, and Mrs RR’s pleas for clemency and charity. It is accepted that Mrs RR found herself in the unenviable position of many an unsuccessful litigant. She lost. The Court set the 2010 agreement aside. Based on an overall consideration of the available ma...

6. Alcohol and other drug (AOD) clinicians in court - research report [pdf, 1022 KB]

   ...clinician in court service The AOD clinician in court service is currently provided in nine of the 63 district courts in New Zealand. The clinicians are available in court to conduct a brief assessment (screening) of offenders who have entered a guilty plea. Compared to a comprehensive AOD report, the intention of the AOD clinician in court service is to provide an earlier and more efficient way to identify the existence of AOD issues, with immediate access to clinical advice. This clinic...

7. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [pdf, 292 KB]

   ...Ethics, Professional Responsibility and the Lawyer (2nd ed, LexisNexis, Wellington, 2006) at 149. 15 [86] I now set out the relevant parts of s 57 of the EA, and s 151 of the Act: 57 Privilege for settlement negotiations, mediation, or plea discussions (1) A person who is a party to, or a mediator in, a dispute of a kind for which relief may be given in a civil proceeding has a privilege in respect of any communication between that person and any other person who is a party...

8. Manuel v Waitakere City Council [pdf, 70 KB]

   ...Z flashing at the horizontal joint between the plywood cladding has not been installed. Window leaks (emphasis added). There is a fault with the windows allowing water ingress (emphasis added). [19] An inference can been drawn from that pleading that at the very least Mr and Mrs Manuel knew in September 2001 that their house had some problems with water ingress. [20] It is submitted by both the First and Second respondents that the claimants, Mr and Mrs Manuel, had actua...

9. 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...

10. Review of the Courts Remote Participation Act 2010_Policy Approvals [pdf, 545 KB]

    ...the protocols provide that unopposed bail applications and remand without applying for bail are remote by default, whereas contentious hearings, including opposed bail, are in person. For defendants appearing from Corrections custody, the entry of a plea, case review hearings, name suppression hearings, and jury trial callovers are remote by default. Whereas any hearing at which the allegation of guilt or involvement is determined, and sentencing hearings are default in person. 34 Offi...