FAQs
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In New Zealand, a barrister is a lawyer who specialises in courtroom work and providing expert legal advice. Barristers are often engaged to appear in court for hearings, trials, and appeals, and to give legal opinions on complex issues.
Barristers usually work independently and are not part of a law firm. Most belong to what’s called the “independent bar” and operate out of chambers shared with other barristers.
Barristers focus on advocacy, legal strategy, and written submissions, especially in criminal, family, and civil litigation.
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You will usually need to appear in the District Court. It’s important to get legal advice as soon as possible to protect your rights and prepare your defence. You should speak to a lawyer before making any statement to police — this is essential. I have seen many people talk themselves into a conviction by trying to explain their side too early, without understanding the potential legal implications. A skilled criminal barrister can guide you through the process properly.
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A discharge without conviction is when the court finds you guilty of an offence, or you plead guilty, but decides not to record a conviction on your criminal record. This means you avoid having a criminal record, even though the offence is proven.
To get a discharge without conviction, you must show that the consequences of being convicted would be out of all proportion to the seriousness of the offence. This is often relevant where a conviction could affect your job, travel, or immigration status.
Whether one is granted depends on the individual circumstances of your case. Legal advice is essential. These applications are often complex.
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If you’ve been charged with drink driving in New Zealand, getting legal advice is highly recommended. Even if the charge seems minor, the consequences can be significant — including losing your licence, a criminal conviction, or even jail in more serious cases.
A lawyer can explain your options, advise you on whether to plead guilty or not guilty, negotiate with police where appropriate, and represent you in court. In some situations, they may be able to help you apply for a limited licence or argue for a discharge without conviction.
Having a skilled lawyer represent you can take the pressure off what is often an intimidating and stressful situation. It ensures your rights are protected and that your case is handled with care and expertise.
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In most cases, you should — and it is highly advisable. If your matter involves parenting disputes, Protection Orders, or complex family issues, having a barrister skilled in the Family Court can make a significant difference. The process can be confusing and emotionally difficult, and important legal principles are at play. A barrister can help you prepare your case, ensure your rights are protected, be objective, and represent you in court.
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Drink driving convictions result in mandatory disqualification. However, there are sometimes legal options, such as applying for a limited licence or seeking a discharge without conviction. It is important to seek legal advice as soon as possible from a barrister who understands land transport law and the complexities of it.
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In some cases, yes. You’ll need to show that the consequences of a conviction would be out of proportion to the seriousness of the offence. A lawyer can advise you on whether this applies in your situation.
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Yes. If you have been served with an application for a Protection Order, you have the right to defend it. You can file a notice of intention to appear and provide evidence in response. The Family Court will then set the matter down for a hearing where both sides can be heard.
If a Protection Order has been made final, you may be able to apply to have it discharged. To succeed, you will need to show the court that the order is no longer necessary to protect the other person. This usually involves demonstrating that there is no longer any risk of family violence and that circumstances have changed significantly since the order was made.
These matters can be complex and fact-specific. A barrister experienced in Protection Order cases can advise you on your chances of success and help you prepare a proper response or discharge application.
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A Parenting Order sets out who has day-to-day care of a child and what contact they have with the other parent or caregivers. It can be made by agreement or decided by the Family Court. If you don’t agree with the application, you can dispute it and the court will decide what arrangement is in the child’s best interests or help agreement be reached.