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1. Otago Standards Committee v Mawhinney [2012] NZLCDT 19 [pdf, 123 KB]

   ...That sub-section provides that a lawyer is guilty of misconduct if his conduct at a time when he is providing regulated services is conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable. [2] A plea of guilty was made, and the matter was set down for a penalty hearing on 5 July 2012. At the conclusion of the hearing the Tribunal reserved its decision. It did this partly because Mr Mawhinney was not present at the hearing, and as...

2. DX v WC LCRO 7 / 2011 (17 August 2011) [pdf, 83 KB]

   ...reality-based advice. He explained that his grievance concerned the approach adopted by the Practitioner which lacked, in his view, a strategic overview that one would have expected of an experienced Family Court lawyer, and that she had ignored his pleas for frugality. [18] A review hearing was held on 10 August 2011 attended by the Practitioner and also the Applicant with a support person. [19] At the hearing the Applicant expressed in greater detail the basis of his grievanc...

3. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

   ...purporting to make an order it is the clear duty of the Appellate Court to annul that order. This principle is set out in Halsbury's Laws of England, 4the.d. Vol.10 at p. 325, para 717 viz “It is the duty of an Appellate Court to entertain a plea as to jurisdiction at any stage, even if the point was not raised in the Court below” - and at p. 326, para 718: “Where, by reason of any limitation imposed by Statute, charter or commission, a Court is without jurisdiction to e...

4. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...employment.” [20] Ms DZ assigned Ms SH to the file, and provided instructions, saying: “Mr SO will be the main applicant. His English is not very good, may need to do English course. His occupation is that of Electrical Engineering Technician. Please review qualifications – NZQA will be required to claim qualification and bonus points.” [21] Following this, Ms SH sent a letter dated 3 June 2010 to Ms BC and Mr SO. It was a lengthy letter covering a range of issues. [22]...

5. LCRO 24/2019 UC v SO (30 September 2020) [pdf, 156 KB]

   ...account. [6] That is not an issue for this review as the application for review is made by Mr UC but I ask Mr UC to draw this comment to Ms PT’s attention. [7] On 30 March 2016, Mr SO sent an email to Ms PT advising her that he had decided to plead guilty (having earlier pleaded not guilty) and had made a statement to police. In the same email, he terminated his instructions to Mr UC/ Ms PT. Mr SO’s complaints [8] Mr SO’s complaint is dated 26 February 2018, some two year...

6. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...papers. In October 2010, the defendant, Ms Alice Cawthorne, was employed by the plaintiff, Allwaze, as a salesperson. She reported to Ms Diana Mill who was the owner of the business. The precise nature of the business is not explained in the pleadings. The Authority's determination records that issues emerged between Ms Cawthorne and Ms Mill about Ms Cawthorne's use of sick leave on two days; her alleged abusive behaviour and the use of profanities in the workplace dir...

7. Evidence Brief: Three strikes law [pdf, 437 KB]

   ...be built and this cost ought to be distributed evenly across all incoming prisoners.xix This makes estimating the actual cost very approximate. The three strikes law may also increase court costs by increasing the frequency of non-guilty pleas on strikeable offences, due to increased penalties for these offences.xx There is also some evidence that the three strikes law may have an influence on parole board decisions causing prisoners to serve greater proportions of their...

8. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...charge”). CAC 20001 consented to the application and the proceeding was adjourned sine die, pending resolution of the criminal proceeding. [6] The criminal proceeding was concluded on 3 February 2016, when Ms Wallace was convicted (following a guilty plea) on a charge of theft by a person in a special relationship under ss 220 and 223(a) of the Crimes Act (“the conviction”). Ms Wallace was sentenced to six month’s community detention, 12 month’s supervision, and ordered...

9. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...Complaints Assessment Committee (CAC 20009) v Li,17 which (notwithstanding a number of differences) was considered to be the most relevant case for comparison. Mr Li’s licence was suspended for 17 months (after a discount given for an early guilty plea and acknowledgement of wrongdoing) and he was ordered to pay a fine of $10,000. Mr Ganesh’s licence was suspended for 18 months and he was ordered to pay a fine of $5,000. [40] Mr Mortimer also referred to the penalty orders in...

10. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

    ...provider assesses the referral The provider assesses if it’s appropriate to begin the restorative justice process. The assessment should be based on whether: • the provider has capacity to accept the case • the offender has entered a guilty plea • all relevant information has been received (including participants’ contact details and the summary of facts) • documentation received as part of the referral indicates it would be appropriate to continue the restorative j...