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1. R v Secretary for Justice [2024] NZRA 001 (23 February 2024) [pdf, 240 KB]

   ...“easily appeared” on over 50 matters at PAL 2 level as lead provider and as junior counsel for jury trials. Her appearances were said to include trial call-overs, case review hearings, sentencings, sentencing indication hearings, bail hearings and plea hearings. She said that she had appeared as lead counsel on the majority of her PAL 2 appearances. [7] With her application, the Applicant provided details of seven case examples. She acknowledged that one of those sample cas...

2. JSLB-BIM_Redacted-_FINAL.pdf [pdf, 1.2 MB]

   ...caused by parties not being ready to progress a case, can also result in victims feeling like their voice has not been heard and losing trust and confidence in the criminal justice system. In addition to the people impacts outlined above, later guilty pleas and wasted court events increase 'case churn' and contribute to higher operating costs. Justice Sector response The complexity of the system requ ires us to work in a different way, where we actively align our efforts, mo...

3. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...currently. 12. The 10 year sentence would be a minimum and the court still could impose a higher sentence, up to the maximum penalty of life, in an appropriate case. This sentence would be subject to the same manifestly unjust exceptions and the guilty plea discount as other non-murder offences. This sentence would also be served without parole, unless manifestly unjust. 1 Cabinet authorised you to make any further related policy decisions and resolve any minor, technica...

4. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...efforts of Helen Monckton to rescue the purchase of another property by Dr S. [3] The manner in which this occurred and the series of transactions undertaken, form the basis for the charge of negligence against Mrs Monckton. [4] Mrs Monckton pleaded guilty to this charge at the conclusion of the evidence and therefore this decision deals only with the penalty to be imposed on her as a consequence. [5] The issues which bear on the determination of that penalty are: 1. How serious...

5. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...consideration. Otherwise, how can any Court expect to rely on him or her in future? Matters in Mitigation [23] Throughout this investigation culminating in the charge before the Tribunal Mr Garrett has been co-operative and entered a guilty plea at an early date. [24] The consequences of Mr Garrett’s lack of openness to the Court in 2005, when discovered in 2010, have been enormous. He almost immediately lost his political career and therefore his source of income. He suff...

6. Policy for admission to duty lawyer rosters [pdf, 667 KB]

   ...that there is no entitlement to gaining a place on a duty lawyer roster. 6. Lawyers are not eligible for payment until they have been admitted to a duty lawyer roster. Lawyers can usually only appear on one duty lawyer roster2. Process 7. Please see the flowchart on page 5 for an overview of the admission process. Applying for admission to a duty lawyer roster 8. Lawyers interested in seeking entry to a duty lawyer roster at one of the Courts covered by this policy shou...

7. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

   ...included three censures and two fines of $7,500. [12] Mr Collins’ submission is that Mr Hong’s disciplinary record discloses that the following important features of his offending render his disciplinary record a relevant ground to support the pleas for suspension, notwithstanding that the charges and circumstances of each event are not on all fours with the present matter. Those features are: (a) the span of his career over which they have occurred indicating an enduring t...

8. National Standards Committee 2 v Mr Y [2023] NZLCDT 1 (12 January 2023) [pdf, 163 KB]

   ...He then provided undertakings to the Tribunal which can be recorded as protective of the public, but at this point are subject to the interim non-publication order. Nature of the offending [3] Given the acceptance by Mr Y of the particulars pleaded by the Standards Committee, we adopt the summary in [2.1] of the Standards Committee’s penalty submissions as follows:1 … (a) Charge One: On six occasions between February and July 2020, Mr Y altered the details of an email that...

9. O Ltd v CD & Ors [2024] NZDT 854 (18 October 2024) [pdf, 279 KB]

   ...(1843) 2 HARE 100 CI0301_CIV_DCDT_Order Page 3 of 5 brought forward as part of the subject in contest, but which was not brought forward, only because they have from negligence, inadvertence of even accident omitted part of their case. The plea of res judicata applies, except in some cases, not only to the points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but their every point which properly belonged to the subject of the...

10. Appellate judgments 2017

    ...by the Employment Court – appeal would have been allowed. [2017] NZSC 59 ASG v Harlene Hayne, Vice-Chancellor of the University of Otago  Media release NON-PUBLICATION ORDER – whether non-publication order was breached – employee’s guilty plea was covered by non-publication order but employer’s agent was present in courtroom and informed the employer – whether agent communicating information to employer was “publication” under Criminal Procedure Act 2011 – publication is...

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