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1. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...that could be expected of a reasonably competent lawyer; the other was a breach of duty to the Court. [35] The background circumstances were that the Practitioner’s client, EA, sought an appeal on the ground that he had entered a ‘guilty’ plea on the basis of a sentencing indication for all offences of [number] years, and that the Court had imposed a [number] year sentence, plus [number] for an additional offence. [36] Notwithstanding the Court of Appeal’s criticism, the...

2. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...4 Guardian Royal Exchange Assurance of New Zealand v Stuart [1985] 1 NZLR 596 at 607 (CA). 5 Regulation 45. 6 Regulation 46. [17] One of the cornerstones of the defendant’s argument as to disclosure relates to relevance. The pleadings provide the framework for assessing relevance; and relevance itself is defined in speculative (“may support”) rather than definitive (“must support”) terms. There are limits, and the concept of relevance cannot be extended b...

3. 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...

4. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...been adjudicated. The concept of res judicata is often applied to both cause of action estoppel and issue estoppel. Traditionally its use was confined to the former. Cause of action estoppel is different from issue estoppel which can arise where a plea of res judicata in the strict sense is not open because the causes of action are not the same: see 16 Halsbury’s Laws of England (4th ed, reissue) (Estoppel) at para 977. Cause of action estoppel is more precise than issue estoppel....

5. Glossary

   ...court case such as the applicants, appellants, respondents, defendants (who are generally called “parties”). perjury A crime in which a person knowingly makes a false statement while under oath. plaintiff The party making a claim in a civil case. plea A criminal defendant's answer to a charge. The defendant can plead guilty or not guilty. practice note Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with...

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6. 2017 archive

   ...health applications for legal aid. The new form is available in editable PDF and can be ordered in print. Any applications received on the old family and civil application forms will be rejected. If you have any issues with accessing the new form, please let us know Section 26 Parole Act applications 5 December 2017 - after considering feedback from legal aid providers, we have reviewed the policy relating to applications made under s. 26 of the Parole Act.  As you may be aware, under...

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7. 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 ............................................ , ..........................

8. 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...

9. [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...

10. [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...