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1. 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...

2. 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...

3. Legal aid - Criminal Procedure Act 2011 - consultation [pdf, 313 KB]

   ...1 Of the sample of around 41,000 cases, there were 18 of these which include conspiring to commit piracy or attempting to procure murder (not committed). 2 A difference is in relation to schedule D payments for where there is an early Guilty Plea, sentencing or charges withdrawn before the review stage. The abolition of the list of purely indictable offences means these cases will not be identified as jury trial matters, and payment would therefore be based on the current schedules...

4. CAC 20001 v Wallace [2016] NZREADT 66 [pdf, 92 KB]

   ...the licensee’s conduct “would reasonably be regarded by agents of good standing, or reasonable members of the public, as disgraceful”. [2] On 22 September 2016 the Registrar of the Tribunal received the following email from Ms Wallace: Please find enclosed my Medical Certificate dated 20 September 2016. I have been ill for quite some time and unfortunately my health is not improving quite to the contrary. I certainly want to address every single issue, there are many...

5. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...submitted that the 2013 convictions related to personal tax returns, so were not within the Crimes definition of “dishonesty”. [26] Mr Ruffin accepted that Mr Ganesh could not advance a submission that he should be given credit for a guilty plea, or co-operation with the Authority’s inquiry, but submitted that we should take into account the fact that Mr Ganesh had voluntarily disclosed the previous Tribunal finding, which was not referred to in the submissions for the Commi...

6. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

   ...agreed set of particulars was provided to the Tribunal, in support of an amended charge of negligence only. Leave was sought to withdraw the two alternate charges of misconduct and unsatisfactory conduct. Ms Dangen’s counsel indicated a guilty plea to such an amended charge. [5] The Tribunal considered that this was one of those cases which could be seen as fitting within the overlap of culpability levels. In other words, it could have been viewed as either misconduct (not at t...

7. CAC20006 v Mr D [2013] NZREADT 23 [pdf, 85 KB]

   ...of the public as disgraceful. Essentially, this case concerns his accessing a drawer of female underwear after an ‘open home’. We cover the basic facts below. [2] On 30 January 2013 the defendant accepted the charge and entered a guilty plea. We then ordered a timetable for written submissions on the basis that, by consent, we deal with penalty on the papers. [3] In September 2012 the defendant had surrendered his licence under s.61 of the Act which means that his licence has...

8. LA - practice standards for legal aid providers [pdf, 522 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4....

9. Legal aid practice standards for all legal aid providers [pdf, 522 KB]

   ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4....

10. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

    ...such difficulties may be able to find a trusted person to explain such documents; 4.8.3 Where a client’s mental health could be an issue; 4.8.4 Some criminal matters where there is not sufficient time to provide advice in writing due to guilty pleas and quick progression through first and second appearances; 4.8.5 Some family matters where there is not sufficient time to provide advice in writing due to the urgent nature of the application, such as urgent protection orders; and 4...