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1. Auckland Standards Committee 1 v Arman [2020] NZLCDT 17 (22 June 2020) [pdf, 289 KB]

   ...comprehensively in the decision of His Honour Woolford J,4 [redacted]. His Honour concluded that a miscarriage of justice had occurred because the complainant had not been provided with advice about the nature of an amended charge to which he pleaded guilty or possible defences to that charge. The practitioner’s failures are summarised in submissions filed on behalf of the Standards Committee as follows: 4 F v Police [2018] NZHC 3430. 4 “6 Charge – analysis Sum...

2. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

   ...Garage than they thought it was worth, believing that for $120,000.00 that they were getting the garage and the library. [6] The law of contract, the Contractual Remedies Act 1979 (“CRA”), the Contractual Mistakes Act 1977 (“CMA”) and the plea of non est factum apply. Issues [7] To succeed in their claim, the Applicants have the onus of establishing that it would be just to return the deposit for one or more of the following reasons: (a) Misrepres...

3. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...forms the basis of the brief background facts set out below. [5] The conduct under consideration is that of misleading the Court of Appeal in affidavits which effectively alleged prosecutorial misconduct and reneging on an arrangement prior to plea. This was a serious allegation to make and indeed was the only basis for the appeal. [6] There is no dispute that the Court of Appeal was, at least temporarily, misled. The issue was the intention of the practitioner and whether he kn...

4. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...that Ms HL submits her retainer was confirmed. [5] Mr BG appeared in the [City] District Court on 20 January 2012. The prosecution indicated that they would agree to withdraw the more serious charge of threatening to kill, if Mr BG entered guilty pleas to the two lesser charges. Pleas were entered on that basis. [6] An application was prepared for a discharge under s 106 of the Sentencing Act 2000 (s 106 discharge). That application was heard but not finally determined on 27 Ma...

5. Criminal case process diagram [pdf, 175 KB]

   ...judge-alone crown prosecutions. 2 3 4 3 4 2 3 Defendant summoned to court, arrested or bailed Charging document – Filed by prosecution • Initial disclosure, name suppression, bail. • Defendant: legal aid application; counsel instructed. Plea may be required. If none entered, ‘not guilty’ plea is assumed. • Offence category 3: defendant can elect jury trial (otherwise trial will be judge-alone). Judge alone trial District Court 1 Jury trial High Court 4 Jury tria...

6. Criminal Case Process factsheet [pdf, 177 KB]

   ...judge-alone crown prosecutions. 2 3 4 3 4 2 3 Defendant summoned to court, arrested or bailed Charging document – Filed by prosecution • Initial disclosure, name suppression, bail. • Defendant: legal aid application; counsel instructed. Plea may be required. If none entered, ‘not guilty’ plea is assumed. • Offence category 3: defendant can elect jury trial (otherwise trial will be judge-alone). Judge alone trial District Court 1 Jury trial High Court 4 Jury tria...

7. Legal aid fee schedules excluding CMM [pdf, 392 KB]

   Schedules A–J — June 2012 1 Fee Schedules: Schedules A, B & C: Fees schedule for PC1A, B & C cases Base Fixed Fees Disposed prior to Defended Hearing Activity A B C Tasks covered by Fixed Fee Guilty Plea/Sentencing or Charges Withdrawn $300 $350 $390 For:  Taking instructions, attending client  Receiving and reviewing disclosure (may include preparation of disclosure package — ie, disclosure by defendant)  Identifying legal and factual issues...

8. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...(Heard at Hamilton) Appearances: S Blick, counsel for prosecutor S McKenna and J Alchin-Boller, counsel for defendant Issued: 17 November 2016 SENTENCING NOTES OF JUDGE M E PERKINS [1] Vishaal Kumar Sharma has pleaded guilty to one charge brought under s 235(1) of the Employment Relations Act 2000. In summary this is a charge of obstructing, delaying, hindering or deceiving a Labour Inspector in the course of his duties without reasonable cause....

9. Criminal fixed fee schedules 2017 [pdf, 883 KB]

   ...identifying legal and factual issues  undertaking research  reviewing evidence (including videos/DVD’s)  liaising with prosecutor/court  identifying the need for applications, interlocutories etc.  preparation  entering plea  any agent fees  reporting to client. $90 Charge discussions $120  engaging in charge discussions and/or resolution, including diversion or charges withdrawn Case Management Memorandum (CMM) / Case Review Heari...

10. Criminal Fixed Fee schedules 2017 [pdf, 737 KB]

    ...identifying legal and factual issues • undertaking research • reviewing evidence (including videos/DVD’s) • liaising with prosecutor/court • identifying the need for applications, interlocutories etc. • preparation • entering plea • any agent fees • reporting to client. $90 Charge discussions $120 • engaging in charge discussions and/or resolution, including diversion or charges withdrawn Case Management Memorandum (CMM) / Case Review Heari...