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1. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...2015. 5. Mr Claver obtained disclosure from the Police on 29 October 2015 and 20 November 2015. 6. On 24 November 2015 Mr Claver emailed the District Court Registry advising that "Mr B has instructed that he wishes to enter a not guilty plea and he elects trial by jury". A case review hearing was scheduled for 21 December 2015. 7. Mr Claver's practice manager forwarded the disclosure material received from the Police to Mr B on 2 December 2015. Mr B was also advi...

2. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...the Practitioner hand delivered to the Applicants later that day ([date] May 2011) the Practitioner provided a thorough and detailed report setting out 3 the facts, summarising the Applicants’ instructions, the relevant law, penalty and plea, and informing them of their options. Under the discussion relating to “Penalty” the Practitioner recorded the maximum penalty and the approximate value of the jewellery and informed the Applicants that in the circumstances, and notw...

3. Evaluation of Manukau Family Violence Court [pdf, 767 KB]

   ...through the Family Violence Court 29 3.2.2 Programmes and ‘self-referrals’ 33 3.3 Victims and Offenders involved with the Manukau FV Court 39 3.3.1 Safety 39 3.3.2 Accountability 43 3.4 Case flow 44 3.4.1 Disposal time 44 3.4.2 Charges by plea type 49 3.4.3 Reduction in seriousness of charges 50 3.5 Analysis of Outcomes and Sentences 52 3.5.1 Summary of findings 52 3.5.2 Main outcomes 53 3.5.3 Main sentences imposed 55 3.5.4 Custodial sentences imposed for the comparison sam...

4. Legal aid consultation on Criminal Procedure Act changes to criminal fixed fees [pdf, 637 KB]

   ...fees that pay for multiple trial stages. In Schedules A, B and C this is reflected in two fees, one for disposal prior to a defended hearing and the second for disposal after defended hearing. In Schedules D, E and F there is payment for early guilty pleas which includes sentencing. 17. This approach does not reflect the stages a trial progresses through. For example, the fees for all cases that are disposed of at trial attract an element of sentencing regardless of whether or not sen...

5. Legal aid fee schedule for CMM [pdf, 185 KB]

   ...Schedule A, B & C (CMM): Fees schedule for PC1A, B & C Criminal Procedures Simplification cases at Manukau and Tauranga District Courts Base Fixed Fees Disposed prior to Defended Hearing Activity A B C Tasks covered by Fixed Fee Guilty Plea/Sentencing or Charges Withdrawn during administrative appearances (before review stage) $300 $350 $390 For: Taking instructions, attending client Receiving and reviewing disclosure (may include preparation of disclosure pa...

6. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

   ...Garage than they thought it was worth, believing that for $120,000.00 that they were getting the garage and the library. [6] The law of contract, the Contractual Remedies Act 1979 (“CRA”), the Contractual Mistakes Act 1977 (“CMA”) and the plea of non est factum apply. Issues [7] To succeed in their claim, the Applicants have the onus of establishing that it would be just to return the deposit for one or more of the following reasons: (a) Misrepres...

7. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...forms the basis of the brief background facts set out below. [5] The conduct under consideration is that of misleading the Court of Appeal in affidavits which effectively alleged prosecutorial misconduct and reneging on an arrangement prior to plea. This was a serious allegation to make and indeed was the only basis for the appeal. [6] There is no dispute that the Court of Appeal was, at least temporarily, misled. The issue was the intention of the practitioner and whether he kn...

8. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...that Ms HL submits her retainer was confirmed. [5] Mr BG appeared in the [City] District Court on 20 January 2012. The prosecution indicated that they would agree to withdraw the more serious charge of threatening to kill, if Mr BG entered guilty pleas to the two lesser charges. Pleas were entered on that basis. [6] An application was prepared for a discharge under s 106 of the Sentencing Act 2000 (s 106 discharge). That application was heard but not finally determined on 27 Ma...

9. Legal aid fee schedules excluding CMM [pdf, 392 KB]

   Schedules A–J — June 2012 1 Fee Schedules: Schedules A, B & C: Fees schedule for PC1A, B & C cases Base Fixed Fees Disposed prior to Defended Hearing Activity A B C Tasks covered by Fixed Fee Guilty Plea/Sentencing or Charges Withdrawn $300 $350 $390 For:  Taking instructions, attending client  Receiving and reviewing disclosure (may include preparation of disclosure package — ie, disclosure by defendant)  Identifying legal and factual issues...

10. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

    ...(Heard at Hamilton) Appearances: S Blick, counsel for prosecutor S McKenna and J Alchin-Boller, counsel for defendant Issued: 17 November 2016 SENTENCING NOTES OF JUDGE M E PERKINS [1] Vishaal Kumar Sharma has pleaded guilty to one charge brought under s 235(1) of the Employment Relations Act 2000. In summary this is a charge of obstructing, delaying, hindering or deceiving a Labour Inspector in the course of his duties without reasonable cause....