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1. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...The Rūnanga made two main points in mitigation. First, because the original trustees of the Rūnanga were the generally recognised kaumātua of Ngāti Tama, it was not necessary to establish the committee. While this may have been the case, the plea misses the point. The purpose of the committee is to advise the Rūnanga trustees on various issues, including 425 Aotea MB 222 on whakapapa and membership.31 To provide that advice, the committee must be independent from th...

2. Z v Secretary for Justice [2023] NZRA 001 (28 March 2023) [pdf, 306 KB]

   ...responsibility for all tactical and strategic advice given to the client in that proceeding, that is likely to be a factor assisting the applicant. [65] Does that mean that a PAL 3 applicant may rely solely on four PAL 3 cases where early guilty pleas were entered, and the applicant was not required to take any significant steps other than make submissions on sentence? While each case must be judged on its own merits, I doubt that such an application could succeed – in a part...

3. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...“No one who has been finally acquitted or convicted of, or pardoned for, an offence should be tried or punished for it again.” 5. It affirms the rule against double jeopardy already given effect to in ss 357 to 359 Crimes Act 1961 (relating to pleas of previous acquittal and previous conviction). 6. The double jeopardy rule is of great significance and importance.1 It is seen as a fundamental building block of the criminal justice process and a basic safeguard of civil liberty in...

4. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...NZREADT 48 the licensee failed to disclose, on four occasions, that his niece was the purchaser (or vendor) in property transactions he acted on. He then lied to the Committee investigating his conduct. In light of the licensee’s very early guilty plea and his cooperation with the Authority, we were persuaded not to cancel Mr Li’s licence, but imposed a suspension of close to the maximum (17 months from a starting point of 24) and fined him $10,000. [19] As noted in the opening sub...

5. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...not consider that the practitioner poses a risk to the public or that any element of dishonesty in the sense of personal gain, or more than a lapse in judgment when pressed by an overwrought client existed. He will need to learn to withstand the pleas of clients in upholding his own and his profession’s ethical standards in future. 9 [38] We take account of the practitioner’s fairly minimal financial circumstances in awarding costs against him and in respect of the per...

6. CAC 20005 v Drever [2014] NZREADT 101 [pdf, 40 KB]

   ...the basis of the summary of facts set out above as part of the amended charge. [4] We had absorbed the quite detailed briefs of the proposed witnesses for each party, and the detailed and helpful opening submissions, filed prior to the change in plea. The initial charges had relied on s.73(a) of the Act rather than s.73(b) as now pleaded. [5] Accordingly, the hearing before us focused on penalty. The Stance of the Prosecution [6] The complainant, Ms J Hedgman, is the proprietor...

7. Chaudhary v The Real Estate Agents Authority (CAC 414) NZREADT 12 [pdf, 187 KB]

   ...to any person in the course of any negotiation, conciliation, or mediation conducted in accordance of a direction…. [34] Ms Mok referred the Tribunal to s 57 of the Evidence Act 2006, as to privilege of settlement negotiations, mediation, or plea discussions. This provides that parties to a settlement or mediation have a privilege in respect of such discussions if the communication was intended to be confidential, and made in connection with an attempt to settle or mediate the...

8. [2021] NZEmpC 29 Gestro v Relph [pdf, 239 KB]

   ...However, it is also well established that the Court may consider the provisions of the EA, applying them if the interests of justice so require. [30] Section 57 of the EA materially provides: 57 Privilege for settlement negotiations, mediation, or plea discussions (1) A person who is a party to, or a mediator in, a dispute of a kind for which relief may be given in a civil proceeding has a privilege in respect 5 Jackson v Enterprise Motor Group [2004] 2 ERNZ 424 at [16]. 6...

9. [2021] NZEnvC 070 Seafort Holdings Limited v Far North District Council [pdf, 1.3 MB]

   ...any default In payment you may be liable for cost:. mcluding but not limited lo lnteresl, legal costs, debl collection fees, and other disbursements incurred. I . You may make your paymant by the following methods: 1. 1 • By Automatic Payment (Pleas~ contar.t lhe Council Offices to use this option) 2. 1 By Direct Debit (Please conlaet the Council Officei; lo use this option) 3. By Post to P!lvate Bag 752. Kalkohe _ ~ 4. In Person at any of our Council Offices (EFTPOS facilities are...

10. 2013 archive

    ...website. Back to top Legal aid forms 20 September 2013 - The legal aid forms have now been undated to reflect changes that are being introduced by the Legal Services Amendment Act on 2 September 2013. Back to top Parole proceedings 18 September 2013 - Please remember that criminal legal aid parole proceeding applications need to be sent to a designated legal aid office in each region. This includes the former civil proceedings now being administered as criminal legal aid parole proceedings unde...

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