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1. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...under s 241(d) that, having been convicted of an offence punishable by imprisonment (that is under s 58(3) of the Securities Act 1978) the conviction tends to bring his profession into disrepute. [3] Initially the first limb of subs (d) was also pleaded, that is that the conviction reflected on Mr Banbrook’s fitness to practice, but that was abandoned by the Standards Committee, having regard to the High Court decision in Davidson.1 [4] The charge is denied by Mr Banbrook who,...

2. Ron-Mansfield-further-submisisons-for-Mr-Tarrant.pdf [pdf, 357 KB]

   ...FURTHER SUBMISSIONS FOR MR TARRANT DATED: 24 FEBRUARY 2022 NEXT HEARING: TUESDAY, 22 FEBRUARY 2022 TO THURSDAY, 24 FEBRUARY 2022 __________________________________________________________________________ 2 MAY IT PLEASE THE CORONER, Counsel for the Mr Tarrant respectfully submits: 1. INTRODUCTION 1.1 There can be no question that the Coroner is charged by statute to determine the circumstances of the relevant parties’ deaths. 1.2 The only per...

3. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...first appears in court, administrative matters, or a trial. 3 Active jury trial cases are counted in the trial stage. Regulatory Impact Statement | 7 • the risk of incentivising defendants’ behaviour and choices as to their plea and election – for example, to avoid delays, a defendant may plead guilty, or proceed with a JAT when they may have otherwise preferred a jury trial; alternatively, if a defendant anticipates their proceeding may be stayed due to del...

4. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...specifically in the sentencing process, and more broadly? As we noted in our submission to Select Committee, there is a real risk that setting the threshold too low may lead to other kinds of unintended consequences. Specifically, some defendants may plead guilty even if they are innocent because the potential guilty plea discount may eliminate the risk of a strike conviction and increase the likelihood of home detention. This would have the perverse effect of allowing the actual off...

5. Sentencing in New Zealand: A statistical analysis [pdf, 1.1 MB]

   ...time the combined effects of a wide range of statistically-measurable factors on sentencing decisions. The factors included in this analysis range from the type and seriousness of the major offence committed, to the number of charges proved, the plea, and the demographic and previous criminal history characteristics of the offender. Previous research by the Ministry of Justice has shown that very substantial changes have occurred in sentencing over the past two decades, especially follo...

6. AODT Court Information for Hamilton District Court lawyers factsheet [pdf, 99 KB]

   ...District Court cluster For more, go to www.justice.govt.nz/courts/criminal/specialist- courts/alcohol-and-other-drug-treatment-court/ For more, go to www.justice.govt.nz/courts/criminal/specialist- courts/aodt-court-resources/ Please email: HamiltonAODTC@corrections.govt.nz to check if AOD related information is available. Alternatively, an AOD clinician is available for AOD screening in the Hauora Screening room at the Hamilton District Court. The clinici...

7. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...Walker HEARING on 3 September 2013 at Wellington REPRESENTATION Mr N Sainsbury for the Standards Committee Mr R Lithgow QC and Ms N Levy for Mr McGuire 2 RESERVED DECISION ON PENALTY AND COSTS Introduction [1] Mr McGuire pleaded guilty to a charge of unsatisfactory conduct before the Tribunal on 19 and 20 October 2011. This plea followed the withdrawal of one charge of misconduct, and the amendment of a second charge of misconduct to one of a lesser char...

8. LCRO 174/2019 SH v NG (19 May 2020) [pdf, 122 KB]

   ...Mr PW instructed Mr NG to act as counsel for Mr SH on the criminal charge. [4] Mr NG’s retainer began on or about 17 May 2018. Initially Mr SH denied the charge, then later made admissions to Mr NG, as a result of which Mr NG advised him to plead guilty. No plea was entered, but police amended the charges and laid new ones, preliminary expert evidence was obtained at Mr SH’s expense and on his instructions. In or about mid-October 2018 Mr SH instructed a new lawyer and termina...

9. 2016 Decisions of public interest

   ...Executive of Department of Corrections [2016] NZEmpC 175 Iona Wikaira v The Chief Executive of Department of Corrections (Judgment of Chief Judge G L Colgan, 20 December 2016) UNJUSTIFIED DISMISSAL – DISPARITY – CRIMINAL PROCEEDINGS – effect of guilty plea and discharge without conviction on employment – mistakes by employer in investigation and dismissal – bringing employer into disrepute considered - disparity with other breaches found – reinstatement ordered – compensation of $...

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10. Forms & documents

    ...Court and High Court Application for Electronically Monitored (EM) Bail Case Management Memorandum Charging Document Notice of Application Notice of Application for Leave to Appeal Notice of Application to Vary Bail Conditions Notice of General Appeal Plea by notice Protocol Annex   Summons to Defendant Summons to Defendant (proof of service copy) Application to transfer a criminal case to another court s133 Application to amend or withdraw charge(s) Court of Appeal The following form...

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    3. Criminal Procedure Act