Search Results

1. Regulatory Impact Statement child witnesses in the criminal courts proposed reforms [pdf, 258 KB]

   ...counsel, to be present, to present a defence and to examine the witness. One of the proposed reforms – a presumption in favour of pre-recording children’s evidence – may lead to an earlier resolution of cases, through either early guilty pleas or withdrawn or reduced charges, based on all parties having the opportunity to assess the credibility of important evidence early in the process. This is supported by anecdotal evidence from Western Australia, where pre-recording is co...

2. [2015] NZEmpC 180 Keepa v Go Bus Transport Ltd [pdf, 150 KB]

   ...allowing Mr Keepa to resign the position was clear. It was not necessarily inevitable that he would have his employment terminated but to dissuade Mr Burton from that action Mr Keepa and Mr Graham would have needed to make further representations and pleas to Mr Burton. No doubt in view of all of the circumstances, Mr Keepa would have needed to acknowledge in fairly clear terms that he intended to take steps to improve his performance and then take on board and comply with what th...

3. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...substance of Mr GS’ complaint was that: (a) Mr YK had not kept him informed during the progressing of the case. (b) He had instructed Mr YK privately on the basis of assurances that he would get him off the charge. (c) Mr YK had advised him to plead guilty when he had no wish to do so (by electing to seek a sentence indication when he had not been instructed to do so). (d) He had paid Mr YK $1,580 and did not feel he had received value for money. (e) Mr YK did not turn u...

4. 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...

5. 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...

6. 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...

7. Chalecki v Accident Compensation Corporation (Strike out application) [2025] NZACC 163 [pdf, 326 KB]

   ...litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because They have, from negligence, inadvertence, or even accident, omitted part of their case. The plea of res judicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of liti...

8. 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...

9. 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...

10. 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...