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1. Otago Standards Committee v Cottrell [2024] NZLCDT 25 (27 August 2024) [pdf, 117 KB]

   ...victims), and the personal gain involved in the offending, given that the three victims worked for Ms Cottrell’s company. His Honour referred to mitigating features and gave credit for Ms Cottrell as a first offender and having entered a guilty plea. The sentence imposed was four months’ community detention with $1,000 reparation payable to each of the three victims. [18] In relation to the M complaint, Ms M and her husband had, in 2016, acted on their own behalf in seeking...

2. CPA Summons to defendant proof of service copy [pdf, 886 KB]

   ...relationship to defendant full address of service date and time of service in person, by post, other name and title Appearing in court If you are charged with an offence that is not punishable by imprisonment, you may be entitled to enter a guilty plea without having to come to court. Contact your local court for more information. When you do appear in court, the judicial officer or Registrar will make a decision whether you are held in custody, on bail, or free to go (at large...

3. Full audit of legal aid providers in 2023 - 24 summary.pdf [pdf, 135 KB]

   ...corrective actions included: the sending and filing of a Terms of Engagement, the sending and filing of client reporting letters at each milestone event and at the conclusion of the case, and ensuring that written instructions were taken related to plea and election.

4. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

   ...“in that her conduct consists of wilful or reckless contraventions of rules 6.2, 6.4, 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009”. [2] In the course of the hearing, the defendant entered a guilty plea to the alternative charge; and Mr Stanaway offered no evidence to the first charge (referred to above) which was, therefore, dismissed by us for non-prosecution. [3] The formal charge document set out basic “particulars” for the f...

5. Justice Sector Prison Projection 2019 report [pdf, 461 KB]

   ...remand from December 2018 onwards, which was the primary driver of the increase in the remand population. People are spending longer on remand due to their cases taking longer to be resolved in courts. This is being driven by: • later guilty pleas in the criminal court process requiring more court hearings; • a lack of sufficient court resource to deal with these additional court hearings, along with the reallocation of judges from the criminal to the family jurisdiction; 1...

6. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

   ...series of questions throughout each section to help you address the issues, but these are just prompts and you may wish to comment more generally. We understand that you may not have a view on every proposal, or everything in this document, so please feel free to comment on any part of the paper. How to have your say Please submit your feedback by Thursday 31 October 2024. You can submit your views online through the Ministry of Justice consultation hub: Ministry of Justice – Cit...

7. 20231124-Courts-BIM_Redacted_FINAL.pdf [pdf, 1.1 MB]

   ...more resource intensive than judge-alone trials. Some defendants may elect a jury trial as they may perceive it as a fairer process; others may choose to do so anticipating that delay may weaken the prosecutor’s case. 2. More defendants are pleading guilty later. Every year over the last five years has seen a larger proportion of defendants pleading guilty later in the court process, resulting in more events being needed to dispose of a case. A defendant might plead later for a num...

8. 10.2 Appendix B: New terminology

   ...Procedure Rules 2012 details how the document should be filed and what information is to be included. Case management memorandum (CMM) and case review - A case management memorandum will be issued to a defendant's lawyer following the entry of a not guilty plea. This memorandum must be jointly completed by all parties. The defendant's lawyer must file it with the court before case review. Case review is the hearing at which any matters raised in the CMM can be actioned. Following case review, p...

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9. Form 23 Criminal legal aid fixed fees A-C [pdf, 388 KB]

   ...Schedule A (excl. GST) Schedule B (excl. GST) Schedule C (excl. GST) Base Fees Disposed prior to defended hearing Disposed prior to defended hearing – CMM Courts (CMM + guilty plea/sentencing) Disposed at defended hearing (including 1.5hrs hearing time) Disposed at defended hearing – CMM Courts (CMM) Disposed at defended hearing – CMM Cou...

10. Court-imposed fines: survey of Judges [pdf, 509 KB]

    ...factors they would take into account in increasing or decreasing the amount of the fine, or in their decision to give an alternative sentence. They were provided with a list of factors that included previous convictions, age, whether the offender had pleaded not guilty and the offender’s employment status and income. A prior criminal history, if unrelated to the offence, made little difference to the amount of fine imposed by the Judge. However, the situation was very different where the o...