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1. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...identify any improvements that could be made to the legislation or to the way the legislation was being implemented. The research involved 11 case studies of situations where section 16 was used and a national postal survey of judges, lawyers, community probation service staff, and community organisations. Nine of the 11 case studies (six involving Mäori offenders and three involving Pacific Peoples offenders) were completed under contract to the iv Ministry by suitably qualified externa...

2. Evaluation of Wellington District Court criminal list pilot [pdf, 122 KB]

   ...process 11 3.2 Changes to the process during the pilot 13 4 The impact of the pilot on those involved 15 4.1 Defendants and their support people 15 4.2 The judiciary 16 4.3 The police 17 4.4 Duty solicitors and other lawyers 18 4.5 Court staff 19 4.6 Probation, Legal Services Agency, forensic services and interpreters 20 4.7 Groups providing volunteer services at the court 21 4.8 Waiting times 21 5 Impact of the pilot on court systems and processes 23 5.1 Flow of cases through the court 23 5....

3. LCRO 158/2018 YCH v TSR (30 September 2020) [pdf, 396 KB]

   ...Ms TSR’s and Ms BSR’s children. 3 [10] As detailed in my later analysis, from 26 July 2013 to 22 January 2014, Mr YCH endeavoured to obtain agreement from the beneficiaries for him and Mr QSR to apply to the High Court for validation and probate of the 2013 will. [11] Although the beneficiaries subsequently gave their consent to that application being dealt with on the papers, on 8 April 2014, without their consent, Mr YCH and Mr QSR filed that application which was granted...

4. [2009] NZEmpC AC 19/09 Gilbert v The Attorney-General in respect of the CE of Department of Corrections [pdf, 59 KB]

   ...only in very small part so the Court must now do so. [3] The plaintiff has asked the Court to resolve four issues. Three of these four are: • What deduction from future lost earnings should be made for contingencies? • The effect of a probation officer’s salary overtaking the “grandfathered” salary of a unit manager; • Tax calculations including the appropriate method of “grossing up” awards to take account of tax. [4] Deductions for interest, which was a four...

5. Brankin v CAC 10027 [2011] NZREADT 33 [pdf, 97 KB]

   ...as an ‘all evidence’ rule. [6] However the Evidence Act does also apply (see s 109(4)). 3 The Law: The Statutory Provisions [7] Section 8 of the Evidence Act provides that in any proceeding the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will have an unfairly prejudicial effect on the proceedings or needlessly prolong it. [8] Section 9 provides that any evidence can be admitted with the agreement of all parties....

6. LCRO 188/2019 QK v RJ (13 May 2020) [pdf, 116 KB]

   ...otherwise offer a substantive response. [10] On 4 December 2019, the Complaints Service sent a copy of Mr RJ’s 27 September 2019 letter to Mr YG, and Ms QK contacted the Complaints Service again the next day. She wanted NZLS to tell her if probate had been granted, repeated and expanded on her criticisms of the firm, again incorrectly described “as Executors”, and gave examples of other actions by the executors to support her complaint about conduct 3 on the part of Mr...

7. 2024 NZPSPLA 108.pdf [pdf, 93 KB]

   ...08/02/2016. [e] They consider that given his continued offending, he remains a risk to the community and as such is not suitable to hold a COA. [3] Mr RK accepts his offending and is extremely remorseful. He has provided a letter from his probation officer which states he is to undertake a non-violence programme and alcohol and drug counselling. He says he is intending not to drink alcohol again and is committed to complying with the conditions of his probation. [4] Mr RK ha...

8. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...House of Representatives. The Bill 3. The Bill aims to enable local schools to make informed decisions about the risk of a sex offender’s placement in the community. The Bill amends the Corrections Act 2004 (‘the principal Act’) to require probation officers to notify school principals when certain offenders are placed in their community. The proposed notification must include the offender’s name and residential address, and the sentence or order to which they are subject....

9. Trial and prison

   ...The Crown (the lawyer for the Police) argues that, as a convicted offender, Oliver should be remanded in custody – held in prison – to await sentencing. The court agrees. (Sentencing is announcing the penalty for Oliver's crime.) The judge asks a probation officer to assess Oliver and prepare a report (called a PAC - Provisional Advice to Court - report), to help the judge decide on Oliver's sentence. The probation officer works for the Department of Corrections, supervising offenders like...

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10. [2021] NZEmpC 45 Senate Investment Trust Through Crown Lease Trustees Ltdv Cooper [pdf, 248 KB]

    ...relationship between the parties was short. [17] There was some difference between the witnesses as to when things started to become difficult and why. On 20 June 2018, shortly after beginning work for Senate, Mr Cooper was contacted by his probation officer to come and update the paperwork required in moving from Greymouth to Palmerston North. He arranged to do this in his lunch break. He says he told Mr Sowry that he was going to be off site seeing his probation officer...