Search Results

1. ARC76/06 AC-37/07 Yong v Chin [pdf, 92 KB]

   ...outstanding holiday pay of $2,192.31 gross as arrears of wages; d. interest on the judgment sum of $2,192.31 for arrears of wages at the rate of 9 percent per annum from 25 November 2005 until the date of payment. [2] While the plaintiff’s pleadings were somewhat deficient I allowed the matter to be set down at the callover so that there were no further delays in bringing this challenge to a conclusion. A detailed statement of defence has been filed to the rather poor...

2. LCRO 116/2015 QO v Standards Committee (14 June 2018) [pdf, 208 KB]

   ...2 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 5 scrap. She did not encourage that practice. She emphasised the relevant firm policies, which also did not encourage that practice. [15] It seems that after entering guilty pleas, Mrs MN decided she wanted to vacate those pleas. On or about 18 November 2012, Mrs MN asked Ms QO to send her files to her. [16] Ms QO arranged for her staff to copy the files. Ms QO says that although by then the file ran to arou...

3. Nelson Lawyers Standards Committee v Stevenson [2020] NZLCDT 42 (15 December 2020) [pdf, 380 KB]

   ...2020. 7 to the sergeant in relation to charges faced by one of his clients and threatened to “… besmirch your name like I did (redacted) and take a look at where he is now”. This occurred during a discussion over the client’s likely plea. [32] The trial for this client was due to begin in October 2017 and while waiting outside the courtroom for the trial to begin, the same sergeant noted that Mr Stevenson was unsteady on his feet, smelled of alcohol and appeared to ha...

4. Identifying & responding to bias in the criminal justice system: a review of international & New Zealand research [pdf, 1.3 MB]

   ...an overview of race and crime literature 31 Explaining disparities 31 Structure of Part 1 32 Policing 32 Stop and search 33 Arrest decisions 37 Charge management 40 Court processes 42 Prosecution 43 Sentencing 44 Legal representation 47 Plea decisions 47 Bail 48 Mode of trial 50 Pre-sentence reports 51 Sentencing decisions in New Zealand 53 Prison 53 Parole 54 Methodological issues 56 Summary 58 6 Identifying and responding to bias in the criminal justice system...

5. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47 [pdf, 85 KB]

   ...to having a previously unblemished career he has contributed to his profession in terms of continuing legal education and committee work for the Law Society. He is certainly deserving of credit for all of these matters. [36] As to his guilty plea on the second charge, he ought to receive some credit for that but it came very late in the piece, on the morning of the first hearing. [37] The acceptance of responsibility by the practitioner and the mitigating features referred to are...

6. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...licensee to be a present licensee for the purposes of our sentencing for proof of misconduct”. Outcome [23] We agree with Mr Hodge’s said submissions on behalf of the prosecution. We take into account the defendant’s remorse and early plea of guilty and his apparent good intentions of rehabilitation. However, he must be firmly penalised, although a fine and costs orders seem futile due to the defendant being bankrupt. [24] In all the circumstances, we order cancellation o...

7. Complaints Assessment Committee 408 v Reed [2017] NZREADT 34 [pdf, 160 KB]

   ...Ms Dai had pleaded guilty to three charges of wilful or reckless breach of the Rules. One of these involved disclosing her client’s price expectations to a purchaser. The Tribunal did not impose a fine, referring to Ms Dai’s early guilty pleas, her voluntary suspension of her licence, relative inexperience, and her inability to pay a fine. [30] We accept Ms Copeland’s submission that the facts in Dai are closest to the present case, but they are not directly comparable. Mr...

8. WVU v Real Estate Agents Authority Jurisdiction Objection [2014] NZHRRT 49 [pdf, 56 KB]

   ...person Ms K Lawson-Bradshaw for first defendant Mr J Burns for second defendant DATE OF DECISION: 10 October 2014 DECISION OF TRIBUNAL ON JURISDICTION OBJECTION BY SECOND DEFENDANT Background [1] In 2013 the plaintiff entered a plea of guilty to a charge of misconduct brought before the Real Estate Agents Disciplinary Tribunal under s 73(a) of the Real Estate Agents Act 2008. As a consequence he was fined $1,500 and his licence cancelled for six months. 2 See...

9. Auckland Standards Committee 1 v Hanif [2019] NZLCDT 13 [pdf, 156 KB]

   ...appeared to be under the misapprehension that these proceedings involved a de novo hearing of the merits of the criminal prosecution. However, in the course of answering questions in cross-examination, Mr Hanif admitted the charge and, this change of plea having been clarified by the Tribunal with the practitioner directly, the matter proceeded on a penalty only basis. Legal Framework [4] Section 241(d) reads: 241 Charges that may brought before Disciplinary Tribunal If the Dis...

10. NZ BORA Advice: Land Transport Clean Vehicles Amendment Bill [pdf, 214 KB]

    ...requirement to supply the information under new 197B of the Bill. Sections 54 to 57 relate to privilege for communications with legal advisers, solicitors’ trust accounts, preparatory materials for proceedings, and settlement negotiations, mediation, or plea discussions. 15 Unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence (proposed s 197G(4) of the Land Transport Act 1998)....