Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the PCBU client is charged with a Category 3 offence under the Health and Safety at Work Act 2015 (specifically reckless conduct under Section 47) and elects to exercise their statutory right to a trial by jury under section 50 of the Criminal Procedure Act 2011. This workflow guides counsel through the election procedure, pre-trial disclosure conferences, admissibility litigation, and jury trial preparation.
Jurisdiction: District Court of New Zealand (jury trial jurisdiction). This fork is activated when a Category 3 offence is prosecuted and a jury election is entered by the defendant.
The Process at a Glance: The process begins with a strategic evaluation of the benefits and risks of a jury trial for complex WHS evidence. Counsel files the formal jury election notice within statutory timelines. Preparations involve completing the High Court Disclosure Checklist for the Judicial Disclosure Conference to resolve gaps in WorkSafe's materials. Pre-trial applications under section 101 of the CPA are filed to dispute inadmissible expert reports or statements. Counsel compiles the joint bundle of document exhibits and briefs trial counsel. Following the trial callover, counsel represents the client at the substantive trial, conducting jury selection, examinations, and closing arguments.
Key Legislation and Case Law: Health and Safety at Work Act 2015 (HSWA) - s 47 (reckless conduct). Criminal Procedure Act 2011 - s 50 (jury election); s 101 (pre-trial applications). Criminal Disclosure Act 2008 - s 13 (full disclosure). Key cases: [WorkSafe New Zealand v Stumpmaster [2018] NZHC 2020](https://www.nzlii.org/) remains relevant on overall standards, and High Court Practice Note 2023 governs disclosure requirements.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Defending PCBUs in WorkSafe Prosecutions (Respondent) - Jury Trial Election matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
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