Search Results

1. Self-represented litigants: an exploratory study of litigants in person in the New Zealand criminal & family jurisdictions [pdf, 1.2 MB]

   ...88 10.1.3 Case types 88 10.2 Demographics 90 10.3 Summary 91 11 Why do litigants appear self-represented in the criminal summary jurisdiction? 92 11.1 Reasons for appearing without representation 92 11.1.1 Views of key informants 92 11.1.2 Plea types and charges 93 11.2 Legal aid findings from the criminal jurisdiction 94 11.3 Summary 94 12 Impacts of self-represented litigants in the criminal summary jurisdiction 96 12.1 Impacts on others 96 12.1.1 Impact on judges 96 12...

2. Complaints Assessments Committee 403 v Misa NZREADT 11 [pdf, 176 KB]

   ...obligations. [25] Mrs Parker submitted that the Tribunal should take a number of significant mitigating factors into account. These were that Mr Misa had no previous disciplinary history, he had recognised his error and had entered an early plea to the charge (thus avoiding the need for a hearing), he had not obtained any personal gain from his conduct, he recognised the need for further education, and he had suffered a significant personal toll as a result of the complaint and s...

3. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...under s 241(d) that, having been convicted of an offence punishable by imprisonment (that is under s 58(3) of the Securities Act 1978) the conviction tends to bring his profession into disrepute. [3] Initially the first limb of subs (d) was also pleaded, that is that the conviction reflected on Mr Banbrook’s fitness to practice, but that was abandoned by the Standards Committee, having regard to the High Court decision in Davidson.1 [4] The charge is denied by Mr Banbrook who,...

4. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...Walker HEARING on 3 September 2013 at Wellington REPRESENTATION Mr N Sainsbury for the Standards Committee Mr R Lithgow QC and Ms N Levy for Mr McGuire 2 RESERVED DECISION ON PENALTY AND COSTS Introduction [1] Mr McGuire pleaded guilty to a charge of unsatisfactory conduct before the Tribunal on 19 and 20 October 2011. This plea followed the withdrawal of one charge of misconduct, and the amendment of a second charge of misconduct to one of a lesser char...

5. Sentencing in New Zealand: A statistical analysis [pdf, 1.1 MB]

   ...time the combined effects of a wide range of statistically-measurable factors on sentencing decisions. The factors included in this analysis range from the type and seriousness of the major offence committed, to the number of charges proved, the plea, and the demographic and previous criminal history characteristics of the offender. Previous research by the Ministry of Justice has shown that very substantial changes have occurred in sentencing over the past two decades, especially follo...

6. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...client, (and with the client’s consent) their whānau, or social worker about any relevant medical or experience of mental distress. b) determines whether any mental health or intellectual disability issues potentially affect: i. fitness to plead and/or instruct a lawyer Full Audit Methodology February 2023 16 ii. whether the client had the requisite mens rea or potentially provide a defence iii. release on bail and the appropriate bail conditions iv. the culpabi...

7. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...client, (and with the client’s consent) their whānau, or social worker about any relevant medical or experience of mental distress. b) determines whether any mental health or intellectual disability issues potentially affect: i. fitness to plead and/or instruct a lawyer Full Audit Methodology February 2023 16 ii. whether the client had the requisite mens rea or potentially provide a defence iii. release on bail and the appropriate bail conditions iv. the culpabi...

8. Youth prosecution statistics data highlights 2017 [pdf, 507 KB]

   ...charges proved The Youth Court deals with criminal offending by children and young people that is too serious to be dealt with by the police in the community. In the Youth Court children and young people can deny a charge (equivalent of a not guilty plea) or agree with what the Police say happened (equivalent of a guilty plea). The majority participate in a Family Group Conference and complete the plan that was developed. If a charge is proved the judge will decide whether to order a di...

9. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...Further, Mr [UQ] alleges Mr [DY] only met him twice before trial, on both occasions for approximately 5 to 10 minutes and that Mr [DY] had not taken a brief from him. After the voir dire Mr [UQ] alleges that Mr [DY] said he had no choice except to plead guilty, and Mr [UQ] accepted that advice and pleaded guilty to one charge. In short Mr [UQ] alleges that Mr [DY]’s representation in this matter, taking into account that it was set down for jury trial, was not to the standard require...

10. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

    ...____________________________________________________________________ FINDING OF MISCONDUCT AND PENALTY ____________________________________________________________________ Introduction [1] On 26 June 2018 Mr Cartwright (through his counsel) entered a plea of guilty to a charge of misconduct laid by Complaints Assessment Committee 409 (“the Committee”), under s 73(b) of the Real Estate Agents Act 2008 (“the Act”).1 The Tribunal has been provided with an agreed...