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1. Justice Statistics data tables - notes and trends December 2020 [pdf, 249 KB]

   ...1980 onwards), children and young people, specific offence types (such as drug and family violence offences), specific justice processes (such as bail and offending on bail, and discharge without conviction), aspects of the Family Court (such as protection order applications), and specific justice services (such as legal aid).2 COVID-19 affected several areas of the justice system, potentially impacting trends in the data for 2020. Therefore, the reader should be cautious when drawing...

2. 2022 archive

   ...of a nationwide PDLA roster over the holiday period Criminal Process Improvement Programme - Christchurch District Court Updated Legal Aid Outcomes of Budget 2022 Hearings scheduled for 26 September will be rescheduled due to public holiday COVID-19 Protection Framework traffic light system – Update (13/09/2022) Changes to legal aid eligibility for Protection of Personal and Property Rights applications Reminder - tell us what you think about communication assistance and interpreters New Lega...

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3. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [pdf, 199 KB]

   ...NZIACDT 13. 3 [11] Mr Malcolm failed to reply to numerous communications from the complainant seeking advice or updates as to the progress of the application. Decision of the Tribunal [12] It was found that Mr Malcolm: (1) had lacked due care in respect of five matters, in breach of cl 1; (2) misled the complainant in – (a) advising her on 11 August 2020 that he would send the application to Immigration New Zealand “tomorrow” when he did not file it until 1 Octo...

4. Auckland Standards Committee v Clarke [2013] NZLCDT 40 [pdf, 100 KB]

   ...dishonourable conduct and further admitted wilfully recklessly contravening provisions of the Lawyers and Conveyancers Act and Subsidiary Rules as follows: (i) Section 4(c) (requirement to act in accordance with all fiduciary duties and duties of care owed by lawyers to their client(s); and/or (ii) Rule 3 (requirement to act competently and in a timely manner consistent with the terms of a retainer and the duty to take reasonable care); and/or (iii) Rule 11.1 (requirement not to eng...

5. INZ (Gilray) v Singh [2019] NZIACDT 61 (3 September 2019) Sanctions [pdf, 160 KB]

   ...Moses, responded on 4 October 2017. Counsel acknowledged on behalf of Mr Singh that the failure to engage with his clients was a breach of the professional obligations. It was contended that the breach was inadvertent as he had not exercised due care. There was no deliberate violation of the professional standards. Mr Singh had made a genuine mistake in failing to comprehend 1 Immigration New Zealand (Gilray) v Singh [2019] NZIACDT 53....

6. BORA Te Roroa Claims Settlement Bill [pdf, 350 KB]

   ...the jurisdiction of courts and the Tribunal (clauses 13 and 14) raise an issue about compliance with s 27(2) of the Bill of Rights (the right to seek judicial review). That section provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 4. Section 27(2) applies to a dete...

7. BORA Courts and Criminal Matters Bill [pdf, 31 KB]

   ...141AE amount to justified limits on s 27(3) BORA. 8. In my view, the proposed exclusion of liability in those clauses is a justified limit on s 27(3) in terms of s 5 BORA: 8.1 The "no liability" clauses would only be interpreted as protecting the Crown, where the impugned conduct was not done in bad faith: Simpson v Attorney-General [Baigent's case] [1994] 3 NZLR 667 (CA); 8.2 The "no liability" clauses will only operate where the person is in serious defau...

8. BORA Statutes Amendment Bill (No 2) - justice items [pdf, 212 KB]

   ...of legislation, which are either administered by the Ministry of Justice or affect legislation administered, or powers and functions performed, by the Ministry: • Bail Act 2000 • Harassment Act 1997 • Oaths and Declarations Act 1957 • Protection of Personal and Property Rights Act 1988 • Sale and Supply of Alcohol Act 2012 • Sentencing Act 2002 • Victims’ Orders Against Violent Offenders Act 2014 6. Crown Law considers that, apart from the two exceptions considered f...

9. BORA Ngati Mutunga Claims Settlement Bill [pdf, 356 KB]

   ...4. The clauses in the Bill ousting the jurisdiction of courts and the Tribunal (clauses 15 and 16) raise an issue about compliance with s 27(2) of the Bill of Rights. That section provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 5. Section 27(2) applies to a determ...

10. CAC 10036 v Hume - Penalty Decision [2012] NZREADT 29 [pdf, 88 KB]

    ...decision dated 7 December 2011. In this decision Mr Hume was found guilty of unsatisfactory conduct on two of the charges that he faced. [2] The principles of sentencing are: A penalty must fulfil the following functions. They are: a) Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. b) Maintenance of professional standards This was emphasised in Taylor v The General Medical Council1 and Dentice v...