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1. Taranaki Standards Committee [2010] NZLCDT 12 [pdf, 36 KB]

   ...responsibility on a prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submi...

2. Form 29 - Criminal legal aid - Termination of assignment payment request form - fixed fees / complex cases [pdf, 114 KB]

   ...you will also need to submit a separate invoice in order to receive payment. Name of aided person Name of lead provider Name of law firm Applicable fee schedule A-C D-F G H-I J Court location Details of work/ handover Please give details of the work completed prior to termination of assignment and reasons to support payment of either: (a) termination of assignment fee (for Schedules A–C, G and J), or (b) appropriate fee(s) for completed activities (for Sc...

3. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...“unsatisfactory conduct”. Each charge was supported by particulars and some by multiple particulars relating to a number of different transactions – (that is, charge six). [2] Prior to the commencement of the hearing, the practitioner entered pleas of guilty as follows: (a) Charge 1 to “conduct unbecoming”. (b) Charge 2 to misconduct in his professional capacity. (c) Charge 4 to unsatisfactory conduct. (d) Charge 6, particular (a), to unsatisfactory conduct. All oth...

4. Duty lawyer roster selection criteria [pdf, 49 KB]

   ...knowledge of common offences, eg, Crimes Act 1961, Summary Offences Act, Land Transport Act 1998 Familiar with legislation frequently relevant to criminal proceedings, eg, Bail Act 2000, Sentencing Act 2002 Understands the Court’s procedures from plea through to resolution Advises defendant appropriately and explains possible outcomes Completes instruction sheets effectively – logical, relevant and sets out effective argument/ submissions, including reference to other m...

5. AF v Secretary for Justice 16 May 2012 NZRA 000007 [pdf, 121 KB]

   ...over function. That ‘people skills’ are more important than ‘law skills’ particularly in criminal and family law matters. Arising out of that he asserts that his involvement in indictable sentencing matters which involved early guilty pleas should benefit him in the assessment of his suitability for Category 2 matters. That two members of the Northern Selection Committee had a conflict of interest by reason of their professional association with a named barrister agai...

6. CAC10073 v Philip Kenny Real Estate Ltd [2013] NZREADT 19 [pdf, 41 KB]

   ...there must be strict compliance with the handling of clients’ money by a licensee. However, he accepted that against that serious principle in this case, there are some notable mitigating factors. He referred to the defendant’s early guilty plea, the repayment of the amount in dispute together with interest, and to the defendant having acted at material times on rather inappropriate legal advice (and we note that was not the advice of present counsel Mr Argyle). [18] Mr Clancy als...

7. CPA Summons to defendant [pdf, 1.2 MB]

   ...issued. It is important that you read all of this document carefully, including the back of this page. Appearing in court If you are charged with an offence that is not punishable by imprisonment, you may be entitled to enter a guilty plea without having to come to court. Contact your local court for more information. When you do appear in court, the judicial officer or Registrar will make a decision whether you are held in custody, on bail, or free to go (at large) unt...

8. Form 2 Criminal Legal Aid [pdf, 586 KB]

   ...level 1 2 3 4 Court location Description of proceedings Administration Case Review Case management memorandum Committal Pre-trial applications Judge Alone/Defended Hearing Jury trial Sentencing Guilty Plea Bail (unopposed) Bail (opposed) Bail (electronic) Appeal – sentence/conviction Other (specify) Funding sought Lead Provider Listed Provider B Please note: you must fill in the 'Status of Cas...

9. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...matter that may affect eligibility to practise) that criminal charges had been laid against him by the Serious Fraud Office (“SFO”) and the Financial Markets Authority (“FMA”). [14] Mr Whale was acquitted in respect of the SFO charges. He pleaded guilty to, and was convicted of the seven charges preferred by the FMA. [15] Mr Whale was sentenced in the High Court on 14 June 2013 to 12 months home detention, 250 hours community work and reparation of $75,000. Submissions fo...

10. Auckland Standards Committee v RDM [2015] NZLCDT 26 [pdf, 100 KB]

    ...practitioner of that distinction in the repeated steps that he took to resolve the issue of fees and distribution of the funds. [51] The Tribunal finds that the practitioner has accepted the charge and that Counsel for the practitioner has made a valiant plea in mitigation. 12 [52] The Tribunal has considered that plea and has considered the complicated factual situation together with the difficult family dynamics which the practitioner faced along with his wish to resolve matte...