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1. Taranaki Standards Committee v Flitcroft [2011] NZLCDT 4 [pdf, 36 KB]

   ...responsibility on a prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submi...

2. Form 29 - Criminal legal aid - Termination of assignment payment request form - fixed fees / complex cases [pdf, 114 KB]

   ...you will also need to submit a separate invoice in order to receive payment. Name of aided person Name of lead provider Name of law firm Applicable fee schedule A-C D-F G H-I J Court location Details of work/ handover Please give details of the work completed prior to termination of assignment and reasons to support payment of either: (a) termination of assignment fee (for Schedules A–C, G and J), or (b) appropriate fee(s) for completed activities (for Sc...

3. File keeping [pdf, 104 KB]

   ...orders or directions made, and the time involved. ☐ Receipts, records of disbursements and expenditure. ☐ Records of all time spent by the provider and any other providers or non-lawyers. ☐ Any client instructions. Especially in respect to plea, election of Judge Alone Trial or election of a Jury Trial, acceptance or otherwise of any Sentence Indication, and acceptance or otherwise of the Summary of Facts. ☐ Any advice provided to the client in writing. ☐ The stage the ma...

4. Taranaki Standards Committee [2010] NZLCDT 12 [pdf, 36 KB]

   ...responsibility on a prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submi...

5. 2022 NZPSPLA 034.pdf [pdf, 91 KB]

   ...Police attended but there was no appearance for BK. [4] Constable Leahy advises that BK has now been charged with burglary and indecent assault for another event (similar in nature) that allegedly occurred in February 2022. He has entered not guilty pleas and is remanded on bail until his next court appearance. To date he has breached his bail conditions twice. [5] Given BK’s COA has expired and there is no indication that he is currently working in security or intends to, Constab...

6. Interviewing clients [pdf, 139 KB]

   ...plain language to describe what the charges mean. Elicit basic facts and circumstances of the case. Check that the client agrees with the summary of facts and watch any video evidence that is available. Before the client enters any election or plea, obtain relevant disclosure from the prosecution, and discuss this with the client. Also advise the client of defence disclosure obligations. You will be able to provide the best advice for your client if you do the relevant res...

7. OIA-105785.pdf [pdf, 344 KB]

   ...15(1) of the Act, a decision had been made to grant your request. We also advised that more time was required to finalise the information for release, and that it would be provided to you on or before 22 August 2023. In response to your request, please see the attached two tables regarding Category 3 cases (as it is only in Category 3 cases that a defendant can elect a Jury trial). • Table 1: The number of active cases at the Judge-alone trial and Jury trial stage, as at 31 Decem...

8. External Sector Feedback Document [pdf, 337 KB]

   ........................................................................... 5 Providing training to auditors.............................................................................................................. 5 Additional comment – assessing value through plea changes ........................................................... 6 Additional comment – benefit of on-site audit ................................................................................... 6 Conclusion .........

9. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...2015. 5. Mr Claver obtained disclosure from the Police on 29 October 2015 and 20 November 2015. 6. On 24 November 2015 Mr Claver emailed the District Court Registry advising that "Mr B has instructed that he wishes to enter a not guilty plea and he elects trial by jury". A case review hearing was scheduled for 21 December 2015. 7. Mr Claver's practice manager forwarded the disclosure material received from the Police to Mr B on 2 December 2015. Mr B was also advi...

10. BORA Evidence Amendment Bill [pdf, 304 KB]

    ...inconsistency arises. [7] Privilege for settlement negotiations 14. Clause 23 amends s 57 of the Act governing privilege for settlement negotiations or mediation. It expands the privilege that previously related only to civil proceedings to include plea discussions in criminal proceedings. It also introduces a power to order disclosure of any document or communication privileged under the section to allow for a prosecution for perjury, to clarify the terms of the agreement if they are...