Latest News

2024

SC 75/2022 Justin Richard Burke v The King -
The Supreme Court’s decision in Burke was released today - the decision can be found here. The decision relates to section 66(2) party liability in the context of homicide (manslaughter). Many thanks are due to Chris Wilkinson-Smith who appeared as lead counsel for the Criminal Bar Association as intervener, together with Adam Simperingham. Chris and Adam received help from Associate Professor James Mehigan from Canterbury University Law Faculty, and Rory Bevins (University of Otago/Woodward Chrisp).

Quentin Duff has asked us to extend an invitation to our CBA members (and anyone else) to attend the Larry Pozner Cross examination workshop this weekend. Details can be found here and the agenda here. Quentin has arranged to live stream this event, at the cost of $200 plus GST. This will make the event more accessible for lawyers who do not live in Auckland. If you wish to register to attend on-line, please email your expression of interest to Pozner@mataichambers.com and type STREAMING EOI into the subject heading.
The District Court Annual Report has been released. District-Court-Annual-Report-2023.pdf (districtcourts.govt.nz)
The CBA have written to the Minister of Justice about the concerns held for the state of the legal profession. Letter to the Minister of Justice 18.03.24.pdf
The CBA have written to legal aid asking for them to comment about recent slow payments which some members have recently spoken to us about. The commissioner’s response is attached here. Response from Legal Services Commissoner.pdf
Our own Kris Gledhill has authored this article on the scrapping of funding for s27 reports. https://theconversation.com/ending-legal-aid-for-cultural-reports-at-sentencing-may-only-make-court-hearings-longer-and-costlier-223627

In August 2023 the Office of the Inspectorate of the Department of Corrections issued a report on the prison management of pregnant women and mothers of infant children. The report “Mothers and Babies” examines the management of pregnant women, those in prison with a child in the community and opportunities for mothers with children in the community to maintain support of parental relationships. The conclusion is that all three of the women’s prisons have well-resourced and inviting spaces for mothers to care for their children under 24 months old but that the facilities are under used and their potential only partially fulfilled. The report will be of interest to practitioners acting for women prisoners/defendants. FINAL Inspectorate thematic report - Mothers and Babies.pdf

2023

His Honour Judge David Harvey has provided commentary on Christopher Luxon's recent speech he gave at the 87th National Party conference.
Please click on the link to read more: Luxon on Sentencing | The IT Countrey Justice (wordpress.com)

The 2023 budget did not provide increases in legal aid funding, particularly the duty lawyer rate remained frozen at its 2006 rate. A Special General Meeting of CBA will be called to discuss action and to consider legal advise regarding professional obligations while pursuing this campaign.

2022

In November 2022 a CBA group met with the Minister of Justice to discuss topics including; legal aid, name suppression, judicial resources, name suppression and prisoner issues.

Following the 2022 CBA meet with the Legal Services Commissioners to raise concerns that the announced budget increases to legal aid were not resulting in substantial increases to legal aid and particularly noted the low rates for duty solicitors and fixed fees.

Successful CBA Conference in Auckland 5 - 7 August, this included the new Minister of Justice the Honourable Kiri Allan, the Chief Justice Justice Winkelmann , Justice Kos, President Cooper, Chief High Court Judge Thomas and Chief District Court Judge Taumaunu. Conference Dinner at the Auckland Museum.

CBA has appeared in Court of Appeal and Supreme Court as intervenor on issues including murder sentencing and access to mental health services and hopes to appear in further cases in 2023.

CBA making submissions to parliamentary select committees and participating in the CPIP workstream consultation process and contributing to High Court Disclosure working group.

May 2021

01 May 2021

CBA has confirmed an interesting and impressive list of speakers for the Annual conference and early bird bookings are now open.
CBA has participated in the Tomo Mai project which was set up by the Heads of Bench to make recommendations about making the court system more inclusive.
CBA is having regular monthly meetings with other professional bodies including NZLS, ADLS, NZ Bar Association. Issues include; Te Ao Marama Courts, Trial delays, Pressures on practitioners, Legal aid funding and access to justice, defective court buildings including mould and spore issues in Auckland area, reform of 3 strikes legislation and Judicial misconduct.
CBA is encouraging more membership by providing lower fees for newer lawyers and group discounts for organisations.
CBA has responded to the Commissioner of Police’s invitation to discuss issues Police surveillance and the need to protect civil liberties. A meeting with CBA and the commissioner is to be scheduled.
CBA Professor Kris Gledhill followed up his popular 2019 sentencing roadshow with a bail roadshow in March and April 2021 which was well received,
CBA committee meets monthly normally on the first Wednesday of the month at 530 pm via zoom. We welcome new committee member Aysser Al-Janabi.