Search Results

1. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...Practitioner 2 DECISION ON PENALTY Introduction [1] The practitioner faced, initially, 10 charges of professional misconduct. At the beginning of the hearing Charges 5 and 7 were withdrawn by leave and the practitioner entered pleas of guilty to the remaining eight charges. Charges Charge 1 in relation to AK [2] In May 2009 the practitioner was acting for herself as trustee, as vendor in relation to the sale and purchase of a property occupied by herself...

2. Justice Sector Projections 2020 report [pdf, 1 MB]

   ...court inflow4. As the composition of cases entering courts becomes more serious, the rate at which people are remanded into custody is projected to increase unless other system changes occur over the next 10 years. Since 2014, defendants have been pleading guilty later in the criminal court process. This means criminal cases now require more court hearings and more resources to be resolved. This trend is projected to continue without further system changes. With less court time avai...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...