Criminal Law

The ADLS Criminal Law Committee keeps a watching brief on all issues touching on administration of criminal justice. The Committee liaises closely with a wide range of service providers in the criminal justice sector. The Committee works with the CBA and other organisations on issues including legal aid. It fosters collegiality and support through events such as the annual South Auckland Bar and Bench dinner. The Committees membership includes some of the most senior criminal lawyers.

Purpose

  • To identify and discuss issues and bring these to the attention of the relevant bodies eg the Courts, the Judiciary Select Committee etc and also to make recommendations.
  • To promote fair and proper administration of criminal justice. 

Issues:

Any and all issues touching on administration of criminal justice. 

The Draft Rules of Conduct and Client Care for Lawyers (“the Rules”) extended the workings of the Committee perhaps more than anything else. It was a major undertaking reflecting the changes that are ahead as a result of the new Lawyers and Conveyancers Act. Extra meetings were held to suggest amendments and to prepare a report of our own for submitting to the NZLS. 

Much of our work required a representative along with other stakeholders to attend meetings. This occurred for the establishment and smooth running of the new Family Violence Court Liaison and the Police Detention Assistance Improvement Project; also, for the District Court Liaison and Jury Trial Liaison Committees. Delays in jury trials are endemic and attention to resolve this serious issue were discussed, including the allocation of extra court rooms and the prospect of permitting sentencing indications prior to committal. 

The timely availability of pre-sentence reports and sentencing submissions were a constant source of discussion at our monthly meetings, and follow up correspondence. For the sake of consistency, a national protocol for the timely availability of pre-sentence reports and sentencing submissions is now underway. 

Discussions also on the establishment of a Criminal Cases Review Commission based on overseas models. If instituted, this will provide a vehicle to remedy miscarriages of justice after rights of appeal have otherwise been exhausted. 

Input from Profession: 
We encourage fellow members to channel their concerns through the Secretary for the Committee, the Convenor for the Committee or fellow Committee members.

Queens Counsel

Marie Dyhrberg QC (Convenor)

Marie Dyhrberg QC is a senior Barrister specialising in Criminal Law. She appears regularly at the District Court, High Court, Court of Appeal and Parole Board. Marie has been the President of the New Zealand Criminal Bar Association and Chair of the Criminal Law Committee of the International Bar Association (IBA).

Phone 09 360 4550 - Email maried@mariedyhrberg.co.nz
Barrister

Miles Beresford

Miles was admitted in 2012 and is a junior barrister to Guyon Foley. After four years at the civil bar, Miles now enjoys the pace of criminal work, appearing for defendants in a variety of matters in the District Court, High Court and Court of Appeal.

Phone 09 307 1300 - Email miles@gfoley.co.nz
Barrister

Mark Edgar

Phone 09 309 5785 - Email mark@markedgar.co.nz
Hickey Law

John Hickey

John was admitted in 1981. After overseas travel he commenced sole practice on the North Shore in 1990. John has appeared in Jury Trials in the District and High Court and frequently appears in the District Court on Judge alone cases. He is a member of the Criminal Bar.

Phone 09 477 0333 - Email john@hickeylaw.co.nz
Public Defence Service

Lynn Hughes

Lynn Hughes is the Deputy Public Defender of the Manukau branch of the Public Defence Service. Lynn has specialised in criminal defence work since 2004, and prior to that worked in general litigation. Lynn is an author for Abbot and Thompson on District Court Procedure (Criminal).

Phone 09 261 2501 - Email lynn.hughes@pds.govt.nz
Barrister

Ish Jayanandan

Phone 021 547 007 - Email iswarij@yahoo.co.nz
Gilbert Walker

Sam McMullan

Phone 09 374 1100 - Email sam.mcmullan@gilbertwalker.com
Barrister

Anthony Rogers

Phone 09 373 3196 - Email agvr@xtra.co.nz
Barrister

Aieyah Shendi

Phone 09 303 4799 - Email aieyahshendi@gmail.com
Auckland Defence Chambers

Lorraine Smith

Phone 09 378 4101 - Email lorrainesmith@xtra.co.nz
Phil Hamlin Barrister

Julia Spelman

Phone 027 442 6516 - Email julia.spelman@hamlinlaw.co.nz
Liberty Law

Denise Wallwork

Denise specialises in criminal law with experience in all facets of criminal matters, from traffic offences to very serious crimes relating to drug offending, murder, sexual violation and fraud.

Phone 09 262 1136 - Email d.wallwork@libertylaw.co.nz
15 Feb 2013

Criminal Procedure Act 2012 - Consultation on proposed changes to the Criminal Fixed Fee Schedules

Submission to Ministry of Justice on Consultation on proposed changes to the Criminal Fixed Fee Schedules.

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29 Jun 2012

Bail Amendment Bill June 2012

Submission to the Law and Order Committee on the Bail Amendment Bill 2012

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07 Nov 2011

Fixed Fees Framework for Criminal Legal Aid

Submission to Legal Aid Services, Ministry of Justice on its consultation on Fixed Fees Framework for Criminal Legal Aid

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30 Sep 2011

Legal Assistance (Sustainability) Amendment Bill 2011

Submission to Justice and Electoral Committee on Clause 12 of the Legal Assistance (Sustainability) Amendment Bill 2011

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29 Aug 2011

Intervention Rule

Submission to the New Zealand Law Society on the Intervention Rule

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13 May 2011

Bail in New Zealand: Reviewing aspects of the bail system

Submission to the Ministry of Justice on the public consultation document - Bail in New Zealand Reviewing aspects of the bail system.

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18 Feb 2011

Criminal Procedure (Reform and Modernisation) Bill

Submission to the Justice and Electoral Committee on the Criminal Procedure (Reform and Modernisation) Bill

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20 Oct 2010

Legal Aid Quality Framework - Proposed Entry Criteria and Practice Standards

Submission to the Ministry of Justice on the consultation document: Legal Aid Quality Framework - Proposed Entry Criteria and Practice Standards

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08 Oct 2010

Legal Services Bill

Submission to the Justice and Electoral Committee on the Legal Services Bill

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18 Jun 2010

Preferred Lawyer and Criminal Legal Aid Assignment Consultation

Submission to the Legal Services Agency on the Preferred Lawyer and Criminal Legal Aid Assignment Consultation document

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21 May 2010

Review of the Misuse of Drugs Act 1975 - Controlling and Regulating Drugs

Submission to the Law Commission on the Review of the Misuse of Drugs Act 1975 - Controlling and Regulating Drugs

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20 Apr 2010

Courts (Remote Participation) Bill 2009

Submission to the Justice and Electoral Committee on the Courts (Remote Participation) Bill 2009

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31 Mar 2010

A Focus on Victims of Crime - A review of victim's rights

Submission to the Ministry of Justice on the consultation document: A Focus on Victims of Crime - A review of victim's rights

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