Search Results

1. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...approach and evidence provided confirmation of their insight into the inadequacy of their approach. [31] In response to the Committee’s submission that a more severe penalty might be imposed because the defendants had not entered early guilty pleas to the charges, Mr Darroch submitted that their approach was based on their opposition to the allegations that their conduct was disgraceful (Mr Kemp) or a wilful or reckless breach of the Rules (Ms Scoble). He submitted that their app...

2. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...____________________________________________________________________ FINDING OF MISCONDUCT AND PENALTY ____________________________________________________________________ Introduction [1] On 26 June 2018 Mr Cartwright (through his counsel) entered a plea of guilty to a charge of misconduct laid by Complaints Assessment Committee 409 (“the Committee”), under s 73(b) of the Real Estate Agents Act 2008 (“the Act”).1 The Tribunal has been provided with an agreed...

3. Legal aid - Criminal Procedure Act 2011 - consultation [pdf, 313 KB]

   ...1 Of the sample of around 41,000 cases, there were 18 of these which include conspiring to commit piracy or attempting to procure murder (not committed). 2 A difference is in relation to schedule D payments for where there is an early Guilty Plea, sentencing or charges withdrawn before the review stage. The abolition of the list of purely indictable offences means these cases will not be identified as jury trial matters, and payment would therefore be based on the current schedules...

4. LCRO 114/2022 WB v XD (22 July 2022) [pdf, 143 KB]

   ...manner consistent with the terms of the retainer and the duty to take reasonable care. [24] In determining to take no further action on the complaint, the Committee concluded that: 4 (a) the protection order was made following Mr WB’s guilty plea; and (b) Mr XD had discussed the order with Mr WB in the context of discussions concerning the circumstances in which Mr WB would be permitted to return to the family home; and (c) Mr WB had been present in court when the order w...

5. Youth prosecution statistics data highlights 2017 [pdf, 507 KB]

   ...charges proved The Youth Court deals with criminal offending by children and young people that is too serious to be dealt with by the police in the community. In the Youth Court children and young people can deny a charge (equivalent of a not guilty plea) or agree with what the Police say happened (equivalent of a guilty plea). The majority participate in a Family Group Conference and complete the plan that was developed. If a charge is proved the judge will decide whether to order a di...

6. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...pecuniary advantage, being benefits. [12] On 5 August 2015, the Ministry wrote to Mr Presland, XXXX’s lawyer, responding to a letter from XXXX on 17 April 2015. [13] On 25 May 2016, XXXX was sentenced in the Papakura District Court after pleading guilty to seven charges under the Crimes Act 1961. In the sentencing notes, Judge Hikaka recorded that XXXX provided 15 forms with false information and received $87,741.52 of benefits to which she was not entitled in the period 20...

7. CAC 20001 v Wallace [2016] NZREADT 66 [pdf, 92 KB]

   ...the licensee’s conduct “would reasonably be regarded by agents of good standing, or reasonable members of the public, as disgraceful”. [2] On 22 September 2016 the Registrar of the Tribunal received the following email from Ms Wallace: Please find enclosed my Medical Certificate dated 20 September 2016. I have been ill for quite some time and unfortunately my health is not improving quite to the contrary. I certainly want to address every single issue, there are many...

8. AODT-Court-Information-for-lawyers [pdf, 349 KB]

   ...direct a Comprehensive AOD Assessment. The judge considers these results and if the defendant is seeking early resolution of their charges, will provide a sentence indication. If the defendant accepts their sentence indication and enters a guilty plea the judge may decide to refer the defendant to the AODT Court. A defendant referred to the AODT Court is represented by their defence counsel at a Determination Hearing. The AODT Court judge decides whether to accept the defendant to t...

9. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...submitted that the 2013 convictions related to personal tax returns, so were not within the Crimes definition of “dishonesty”. [26] Mr Ruffin accepted that Mr Ganesh could not advance a submission that he should be given credit for a guilty plea, or co-operation with the Authority’s inquiry, but submitted that we should take into account the fact that Mr Ganesh had voluntarily disclosed the previous Tribunal finding, which was not referred to in the submissions for the Commi...

10. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

    ...agreed set of particulars was provided to the Tribunal, in support of an amended charge of negligence only. Leave was sought to withdraw the two alternate charges of misconduct and unsatisfactory conduct. Ms Dangen’s counsel indicated a guilty plea to such an amended charge. [5] The Tribunal considered that this was one of those cases which could be seen as fitting within the overlap of culpability levels. In other words, it could have been viewed as either misconduct (not at t...