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1. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...14:06:28 RE LE AS ED B Y TH E M IN IS TE R OF JU ST IC E 33.2. The person intended to commit an offence, although their conduct was not actually criminal; 33.3. The person substantially contributed to their conviction, for example by pleading guilty; 33.4. The person was only sentenced to imprisonment following conviction because they refused to entertain a community-based sentence. 34. While it is possible to identify factors (such as those listed above) that, in the ab...

2. [2021] NZACC 176 - Renton v ACC (5 November 2021) [pdf, 728 KB]

   ...Westminster Bank PLC12; Joseph Lynx Land Co Limited v Lynch and Johnson v Gore Wood and Co Judge Cadenhead said that the following principles emerge: [i] Cause of action estoppel is narrower in scope from issue estoppel: the latter can arise where a plea of res judicata in the strict sense is not open because the causes of action are not the same. [ii] For there to be cause of action estoppel the cause of action sought to be estopped must be precisely the same as that upon which t...

3. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...any concession made. [83] In the criminal jurisdiction for example, it is commonplace for lawyers to determine that their client’s interests would be best served by their client giving indication to the court of an intention to enter a guilty plea at an early stage in the proceedings. [84] That advice may be vigorously resisted by their client, and firm instructions given to the lawyer to defend the charge. The defence run may ultimately prove successful, but it does not necess...

4. [2015] NZEnvC 050 Ngati Kahungunu v Hawkes Bay Regional Council [pdf, 1.7 MB]

   ...direction-setting, it may do no more than does the direction in s30(l)(c)(ii). [21] We shall retum to Ngati Kahungunu's position in discussing s6 issues. The District Health Board's position [22] Dr Jones indicated that the Board was pleased that the Regional Council was setting an objective to protect the safety of water for drinking. Unsurprisingly, the Board's concem was how that might be implemented; its effectiveness, and the issues of possible changes of level...

5. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...on the feedback we receive. We have asked a series of questions after each option to help you address the issues, but these are just prompts and you may wish to comment more generally. We understand that you may not have a view on every option. Please feel free to comment on any part of the discussion document that you wish. How to have your say Please submit your feedback online through the Ministry of Justice consultation hub: Ministry of Justice – Citizen Space by 6 December 202...

6. Sexual violence attrition and progression report [pdf, 762 KB]

   ...proportion of guilty outcomes and a larger proportion of not guilty outcomes, compared to all sexual violence cases. Therefore, if we had excluded the victimisations with active charges, the proportion convicted each year would appear higher due to guilty pleas occurring early in the court process (e.g. before a trial). The remaining victimisations still active would likely be those where the perpetrator pled ‘not guilty’ and a judge-alone or jury trial is held. A large proportion o...

7. Alcohol and Other Drug Treatment Court Outcomes Evaluation 2018-19: Summary Evaluation Report [pdf, 1.3 MB]

   ...under general jurisdiction. The AODT Court aligns with international research and the top 10 practices for reducing recidivism2. However, the earlier formative evaluation highlights some distinctive features of the AODT Court in NZ: • the post-plea pre-sentence design (most other drug courts operate a post-sentence model) • the inclusion of Māori cultural practices • the inclusion of participants charged with driving while intoxicated • the ability for participants to...

8. Victim-led alternative resolution pathways [pdf, 1.6 MB]

   ...making it less likely that a guilty verdict is secured. • The process discourages offenders from acknowledging responsibility, offering offenders a range of ways in which to reduce or evade facing consequences for their actions, such as through plea bargaining, the right to remain silent, and the ability to advance mitigating factors at the time of sentencing (Clark, 2015). • As in the saying ‘justice delayed is justice denied’, the current adversarial system can be exceedin...

9. Technical report of evaluation of the court-referred restorative justice pilot [pdf, 681 KB]

   ...dataset (n=45,610) provided a large sample from which to select multiple comparison groups. These ‘eligible’ cases represented 16% of all the cases prosecuted within the same time period. Cases processed by a District Court involving a guilty plea52 and an offence that was ‘eligible’ for referral to the court- referred restorative justice conference pilot were considered potentially eligible. Some cases with a guilty plea nevertheless resulted in a ‘not proved’ outcome. Thes...

10. Process evaluation for the Alcohol & Other Drug Treatment Court [pdf, 1.3 MB]

    ...Courts.1  A District Court Judge decides on referrals to the AODT Court based on a full AOD assessment and other criteria in the eligibility check list such as Roc*RoI score,2 previous and current offences, willingness to participate, likely plea and sentence.  The AODT Court team receives the referral (including the clinical assessment) and discusses the defendant’s eligibility and potential acceptance into the AODT Court at the pre-court team meeting.  Defendants appe...