Search Results

1. 2024-Justice-Sector-Projections-Report-v1.0.pdf [pdf, 1.4 MB]

   ...prohibition orders, removal of public funding for section 27 reports, capping of total sentence discounts at 40%, reinstatement of three strikes, imposition of cumulative sentences for offending on bail/while in custody/on parole, capping guilty plea discounts for those awaiting trial/at trial, and the removal of repeat discounts for youth/remorse. The impact of additional Police has not yet been determined and will be included in future projections. 3 Time spent in remand is...

2. RT v Earthquake Commission & IAG New Zealand Ltd [2023] CEIT 003 [pdf, 289 KB]

   ...without a determination being made by the Tribunal on whether the EQC made an up to cap payment”. [23] Counsel for the applicant refers to s 57 of the Evidence Act 2006, which provides: 57 Privilege for settlement negotiations, mediation, or plea discussions (1) A person who is a party to, or a mediator in, a dispute of a kind for which relief may be given in a civil proceeding has a privilege in respect of any communication between that person and any other person who is a...

3. Auckland Standards Committee v Korver [2011] NZLCDT 22 [pdf, 146 KB]

   ...contained in the charges, and to amend the form of the charges so that only matters of negligence or incompetence remained in each charge. This application resulted from Mr Korver indicating to ASC that in the event of such changes being made he would plead guilty to negligence or incompetence reflecting on his fitness to practise. [4] The Tribunal heard the application on 2 September 2011. After considering the grounds in support of the application, the position adopted by Mr Korver...

4. Improving the justice response to victims of sexual violence: victims experiences [pdf, 1.6 MB]

   Improving the justice response to victims of sexual violence: victims’ experiences Research report August 2018 Acknowledgements This report was written by Tania Boyer, Sue Allison and Helen Creagh from Gravitas Research and Strategy Limited and commissioned by the Ministry of Justice. The Gravitas team acknowledges and thanks Drs. Sue Carswell (Carswell Consultancy) and Claire Gray

5. Restorative Justice: Standards for Sexual Offending Cases [pdf, 666 KB]

   ...for the offence before a case can be referred to, or accepted for, a restorative justice process A case should not be referred to, or accepted for, a restorative justice process unless an offender has acknowledged responsibility for the offence. A plea of guilty, which may be accompanied by an agreed statement of facts, will provide the clearest indication of an offender’s acknowledgement of responsibility. It may sometimes be appropriate for a restorative justice process to be unde...

6. [2013] NZEmpC 47 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 57 KB]

   ...set out in that earlier judgment, and because Parliament has not provided the Court with a statutory scheme to make effective orders for imprisonment of non-compliers, I decline to make an order for Mr Hinchcliff’s imprisonment. Mr Dell’s pleas for that outcome come close to asking for imprisonment for debt and that is not how debts are punished and enforced any longer. I reiterate also what I explained to Mr Dell, that the compliance order made against Mr Hinchcliff does not...

7. REAA v Randall [2011] NZREADT 40 [pdf, 47 KB]

   ...20 years, apparently without complaints until recently 2 when there seem to have been a host of somewhat similarly themed complaints. We take that into account. [5] We also take into account that, in effect, Mr Randall made a guilty plea at the commencement of the hearing rather than at the end of it, and the hearing would have taken at least three days. [6] Although the briefs of evidence filed with our Registrar are concerningly accusatory of Mr Randall, there are us...

8. Hawkes Bay Standards Committee v Clarkson [2014] NZLCDT 29 [pdf, 161 KB]

   ...others who were either a complainant or involved in the investigation committee. [16] She finally referred to her depression as the cause of her failures, a theme which she repeated to the Tribunal at the hearing. She advanced this theme as a plea for leniency and against the ultimate sanction of strike off. [17] The Tribunal has regard to the combined effect of the following factors; (a) The nature and gravity of the offending; (b) Ms Clarkson’s unsatisfactory response and eng...

9. CM-Position-Profile-2022-and-2023 [docx, 31 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

10. OT v KD [2024] NZDT 49 (15 February 2024) [pdf, 197 KB]

    ...house, that KD had entered her property. She had driven home and, after having gone inside her house and re-emerged, found that her vehicle had gone. It was subsequently recovered in [City], in KD’s possession. KD was charged with its theft; he had pleaded guilty in the District Court, and had been ordered to pay OT reparation of $500.00, the value of her insurance excess. [3] OT said that she had bought the vehicle from [car manufacturer]. It was on hire purchase for which she was re...