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1. 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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2. 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

3. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...prosecution, as members should not be expected to bear all the costs in holding licensees to account. It is contended that a modest reduction from the general starting point of 50 per cent might be appropriate to reflect the licensees’ early guilty pleas and cooperation. They should make an equal contribution. A schedule produced by Ms Mok shows the prosecution costs to be $3,105 (excl. GST and disbursements). 8 McCaig v Professional Conduct Committee [2015] NZHC 3063 at [2...

4. Proactive-Release-Criminal-Procedure-Amendment-Rules-2025_FINAL.pdf [pdf, 1.3 MB]

   ...(Case This will indicate to the court that the management memorandum) defendant has been made aware of Where relevant, the case management mandatory penalties that may be imposed if memorandum must include a statement that they are convicted or plead guilty. the prosecutor and defendant have discussed the stage of the offence and the possible consequences of a conviction. Rule 8 -Amending Rule 4.14 (Notice about As per the previous regime, stage-3 offences protocol offence) must b...

5. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...client, (and with the client’s consent) their whānau, or social worker about any relevant medical or experience of mental distress. b) determines whether any mental health or intellectual disability issues potentially affect: i. fitness to plead and/or instruct a lawyer Full Audit Methodology February 2023 16 ii. whether the client had the requisite mens rea or potentially provide a defence iii. release on bail and the appropriate bail conditions iv. the culpabi...

6. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...client, (and with the client’s consent) their whānau, or social worker about any relevant medical or experience of mental distress. b) determines whether any mental health or intellectual disability issues potentially affect: i. fitness to plead and/or instruct a lawyer Full Audit Methodology February 2023 16 ii. whether the client had the requisite mens rea or potentially provide a defence iii. release on bail and the appropriate bail conditions iv. the culpabi...

7. Allen + Clarke FV Courts Evaluation Final Report [pdf, 2 MB]

   ...cases The evaluation found that FV Courts are not reducing the amount of time it takes for family violence cases to be heard or disposed. The longer amount of time it takes for cases in the FV Court to progress to interim disposal (i.e. entering a plea; average days = 106 versus 70 for non-FV Courts; 50% longer) appears to be the result of regional variation in timeframes, rather than being attributed to the FV Courts themselves.4 However, the time to progress to interim disposal was fou...

8. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part2.pdf [pdf, 19 MB]

   ...the alternative option of “grossly disproportionate” wording for the exception instead of “manifestly unjust”  Brief comment on 20% vs 25% cap for the guilty plea reduction – and interaction with our wider work on sentencing discounts. Please let us know if there are other areas you would like us to flag in the covering briefing. Over the next two weeks you can expect to hear from Sophie and myself regarding the draft Cabinet paper, cover briefing, and RIS. I would like to tha...

9. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...Further, Mr [UQ] alleges Mr [DY] only met him twice before trial, on both occasions for approximately 5 to 10 minutes and that Mr [DY] had not taken a brief from him. After the voir dire Mr [UQ] alleges that Mr [DY] said he had no choice except to plead guilty, and Mr [UQ] accepted that advice and pleaded guilty to one charge. In short Mr [UQ] alleges that Mr [DY]’s representation in this matter, taking into account that it was set down for jury trial, was not to the standard require...

10. [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...