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1. BORA Court Matters Bill [pdf, 194 KB]

   ...Turning to the trial of different charges together, the Bill contains a new provision that changes the point in time after which the prosecution must seek leave to join charges together (or charges against one or more defendants), from the point of plea to the date of the case review hearing (cl 32). This makes it easier for the prosecution to join charges together at a later point in time. The Court retains the ability to sever charges if it is in the interests of justice to do so. Give...

2. Teina Pora compensation claim innocence report [pdf, 9 MB]

   REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY TEINA ANTHONY PORA BY HON RODNEY HANSEN CNZM QC TABLE OF CONTENTS (1) INTRODUCTION ............................................................... " ....................................... 5 (2) A SHORT HISTORY .............................. ..... .......... .. .............. , ....................................... 7 (3) APPROACH TO APPLICATION ............................................ , ..........................

3. Dr Donald Stevens QC’s second report on claim by Tyson Gregory Redman for Ex Gratia compensation [pdf, 8.5 MB]

   ...one of the other young men who attended the unlawful assembly, but who was not convicted of any offence arising from the later incident (the second incident). S 9(2)(a) - who at the time of the offence was also 17 years-of-age - was convicted (on pleas of guilt) of unlawful assembly and possession of an offensive weapon. He was sentenced on each charge to conununity work for 100 hours . 57. I conclude that Mr Redman was sentenced to imprisonment for one month on the unlawful assembly...

4. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

   ...plaintiff’s ongoing obligations of confidence and included expanded undertakings of confidentiality in relation to matters arising from the employment investigation. [4] The plaintiff subsequently appeared in the District Court and entered a plea of not guilty on the criminal charges. The charges were subsequently withdrawn by leave on 4 February 2015. [5] It is apparent that by this stage the plaintiff felt very aggrieved. He decided to prepare a video in which he set out his...

5. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...concentrated on inviting a conclusion that the Department could not have been brought into disrepute. Wikaira v The Chief Executive of the Department of Corrections was the basis for this submission.18 A corrections officer was dismissed after pleading guilty to a charge of wilfully damaging a car. She was discharged without conviction. An attempt was made to justify her subsequent dismissal because of her guilty plea to the charge. It was said to amount to an admission of unla...

6. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...unsatisfactory conduct but also misconduct. Currently, we would not think that revocation, or even suspension, of licence is required or appropriate on the particular facts of this case so that the defendant might be well advised to enter a guilty plea at this stage. 14 [76] We observe that the skilled services for which Mr Gollins expected payment seem to have been provided by him for both vendor and purchaser “for the purpose of bringing about a transaction” in terms of...

7. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...jurisdiction. The reason for this lies in the historical origins of that court. The Supreme Court Act 1860, ss 4 to 6 conferred on the (then) Supreme Court of New Zealand the same jurisdiction as that possessed by the Courts of Queen’s Bench, Common Pleas and Exchequer as at 1860. The Judicature Act 1908, s 16 and the more recent Senior Courts Act 2016, s 12 form an unbroken chain carrying that jurisdiction forward to the present time. The Senior Courts Act, s 12 presently pro...

8. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...reporting letters and communications to be tailored to the needs of individual clients. “There are no reporting letters to the client as to the state of the proceedings, strengths and weaknesses of the case, advice as to the discounts for early guilty pleas, court attendance [records], or a final reporting letter addressing the sentence imposed and appeal rights.” “There were very few reporting letters to clients and no client care information on the files.” Poor and very poo...

9. [2020] NZSAAA 1 (3 February 2020) [pdf, 293 KB]

   ...Secretary, the only live issue on this appeal is whether the reg 20(7) discretion should nevertheless be exercised in her favour out of what she describes as “compassion” for the “unusual (abnormal)” nature of her case. In support of this plea she describes in some detail the ongoing impact of the accident and its aftermath on her ability to study and to discharge her clinical responsibilities over the whole period of her medical studies. It is unfortunate that neither the Secret...

10. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

    ...support explanation as to why his hair follicle readings had recorded the presence of methamphetamine. [7] At the time these directions were made Mr A was serving a sentence of home detention. That sentence followed from his entering of a guilty plea to a charge of attempting to pervert the course of justice. The context in which that charge arose, was that Mr A had fabricated an earlier hair follicle test result to conceal a positive finding. [8] Mr A filed his affidavit as dire...