Regulatory Prosecutions - criminal procedure 2025 - On Demand

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $115 - Law Society members and Associate members
• $165 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

This module will consider the fundamentals of the Criminal Procedure Act 2011 in a regulatory environment and outline the potential options available for your clients when they are facing prosecutions. It will provide you with a tool kit that will help ensure that you are able to achieve the best possible results for these clients.

Topics covered will include

• Key steps in the criminal process for both jury and judge-alone matters
• Factors to consider when making major decisions around whether to give interviews, electing trial by jury and whether to call or give evidence
• Key applications that defendants can use to take control of the process including disclosure applications, dismissals and sentence indications
• An introduction to the Costs in Criminal Cases Act 1967 from a defendant’s perspective.

Learning objectives

By completing this module you will:

• Use a range of strategies for advancing the interests of a criminal defendant in regulatory proceedings.
• Advise clients with confidence on key decisions throughout the criminal justice process.
• Have a toolbox of options for simplifying issues or resolving matters in a positive way.

Electronic paper 

Author: Tim Conder
Published: 17 March 2025
Pages: 36

Introduction

Even among experts in criminal law, the topic of regulatory offences is usually regarded as an afterthought. Leading texts such as Adams on Criminal Law – Offences and Defences and the leading student texts such as Simister and Brookbanks focus exclusively on what may be thought of as the traditional offences – violence, property offending, sexual offending and drugs. Even references to driving offences or to the Summary Offences Act 1981 (which between them probably account for the majority of convictions entered in New Zealand courts) are rare. It is easy to assume that for the average New Zealander, the concept of crimes that fall outside of the Crimes Act’s calendar of offences barely register as criminal offending.

While these perceptions remain widespread, this is not through a lack of intention from Parliament to change them. As early as 2001, with the Health and Safety in Employment Amendment Bill, the Government emphasised the seriousness with which it regarded such offending,1 and the importance of underpinning those principles.

Efforts to this end have been varied. They can be observed in the gradual ratcheting up of fines under key legislation like the Health and Safety at Work Act 2015 (HSWA) and the Resource Management Act 1991 (RMA). They can also be seen in the gradual erosion of fines insurance both by Parliament and the courts.

PowerPoint Presentation

These are the slides included in the presentation.