17 Apr 2019
STANLEY v THE NEW ZEALAND LAW SOCIETY [2019] NZCA 119
- Citation
- [2019] NZAR 1001
- Court
- Court of Appeal
The Court held that the assessment of whether an applicant is a fit and proper person is an objective evaluative judgment for the Court; Clark J erred by over-emphasising the risk of reoffending and failing to assess the applicant in the round. Given the nature and context of the drink driving convictions, the applicant's age, community service, referees' statements and genuine commitment not to reoffend, the applicant is a fit and proper person and must be admitted subject to taking the prescribed oath.