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EVALUATION OF THE DEFENDANT CENTRED COURTROOM PILOT PREPARED BY: MICHELE LENNAN and Dr SUE CARSWELL FOR THE: MINISTRY OF JUSTICE MARCH 2014 Evaluation of the Defendant-Centred Courtroom 2 March 2014 EXECUTIVE SUMMARY The Defendant Centred Courtroom (DCC) pilot trials a reconfigured District Court courtroom where defendants who are not in custody sit or stand beside their counsel
...defendant's evidence and any evidence in reply relating to Dr de Beer's evidence by 5pm on Friday 25 January 2019. [33.8] The scope of the plaintiff's evidence in reply is extended to include any evidence necessary to address any new defences (if any) raised by the defendant in its amended statement in reply. That evidence is to be filed and served by 5pm on Friday 25 January 2019. [33.9] The common bundle of documents is to be filed and served by 5pm on Friday 15 Febru...
...integrity and impartiality of the courts and judiciary. However, the current law is unclear (eg, at what point criticism is considered to have gone too far, whether the person needs to intend harm to the public reputation of the judiciary, what defences are available) and outdated. The Law Commission recommended replacing the common law contempt of scandalising with a statutory offence, rather than simply abolishing it. In the Commission’s view: • Maintaining public confidence...
...[sexual misconduct – details suppressed]. The Practitioner denies that allegation. This ruling is restricted to the hearsay issue that arises in relation to Charge 7 only. The hearsay evidence [4] The alleged victim has never made any written statement to the New Zealand Law Society (the Society), whether to the Legal Standards Officer having carriage of the investigation or Ms Toohey, a barrister whom the Committee appointed as an investigator.2 Nor has the alleged victim sh...
...[6] The Court declined to allow the matter to proceed in this way and ordered that [D] be served with the proceedings. This proved difficult, and it was ultimately necessary to obtain an order for substituted service. [7] [D] served a notice of defence and affidavit in support, and it was therefore necessary to proceed to a short fixture hearing which was set down for 31 March 2009. [8] All of this meant that the original estimate of $1,500 was exceeded. [9] Further affidavits we...
...pointed out that this had been a written response involving a deliberate choice by the practitioner to mislead, not a spur of the moment (verbal) answer under pressure. [9] Furthermore, we were reminded that this was followed by a misleading statement to the Tribunal itself, as to when the relationship had started, in the formal Response to the charges. [10] The practitioner did not provide an accurate picture until he was required to swear an affidavit in August 2013. The invest...
...to have been dismissed upon such a procedural irregularity given it is a commonplace procedural issue. Accordingly, the complaint was continued to a hearing where both parties were provided with full opportunity to present their case. Police statement [23] Mr BF submits that the Authority’s allowance for the Police to file their supporting evidence later than as directed [sic] “breaches procedural integrity and principles of fairness.” He says that Constable Webb was allowed...
...proceeding in this Court seeking orders under s 140(6) of the Act against Phoenix Publishing. The 3 Cooper v Phoenix Publishing Ltd, above n 1, at [8]. 4 At [9]. 5 At [12]. 6 At [10]. statement of claim sought as relief such orders as the Court considered appropriate in the circumstances. [6] Ms Cooper has applied to join to the proceeding Bronwyn Ivy Rawson, who is Phoenix Publishing’s only director. While no orde...
...fee of $71.56. The Authority’s determination also did not lead to payment.3 [4] Mr Dhiman now applies in the Employment Court for an order under s 140(6)(d) of the Act that Mr Mann pay a fine. [5] Mr Mann was served with Mr Dhiman’s statement of claim in April 2023 but has not filed a statement of defence or otherwise contacted the Court, Mr Dhiman or Mr Wood, Mr Dhiman’s representative. [6] The matter has therefore been put before me to be dealt with on the papers fi...
...to do due diligence before the purchase as the only recourse a purchaser has afterwards is if there was misrepresentation by the seller and the only damages available are based on a diminution in value of the goods. 8. A misrepresentation is a statement of fact that is untrue. This does not include a failure to disclose. CI0301_CIV_DCDT_Order Page 2 of 3 9. UD advertised the vehicle as being very tidy, drives well and regularly serviced. When asked by XC, UD said there we...