NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Miscarriage of justice leads to Auckland defence lawyer Arlan Arman being struck from the legal profession

Jared Savage
By Jared Savage
Investigative Journalist·NZ Herald·
24 Jun, 2020 11:47 PM6 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

    Reminder, this is a Premium article and requires a subscription to read.

Auckland barrister Arlan Arman has been struck off as a lawyer after a miscarriage of justice. Photo / Doug Sherring

Auckland barrister Arlan Arman has been struck off as a lawyer after a miscarriage of justice. Photo / Doug Sherring

A 'pattern of incompetent practice' in defending clients charged with serious crimes has led to a defence lawyer - who advertised himself as one of the best in Auckland - losing his career. But Arlan Arman says representing individuals in court required 'personal compromises' he was not prepared to make.

A defence lawyer who claimed to be one of the best in Auckland can no longer practise law after his 'incompetent' advice to a client led to a miscarriage of justice.

It's the third miscarriage of justice in three years where clients of Arlan Arman had their convictions quashed on appeal, because of his failings in his professional duties.

Arman was suspended from practising as a lawyer for 10 months in July last year following a case - first revealed by the Herald - in which he pressured a client into pleading guilty to serious sex offences.

The conviction was reversed in a scathing judgment, and the man was later acquitted at his trial.

Advertisement
Advertise with NZME.

Arman was found guilty of misconduct by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, but only suspended because it was his first offence.

Now, Arman has been struck from the legal register in a decision by the disciplinary tribunal released this week.

"The pattern which emerges is that of incompetent practice in representing defendants in the criminal process leading to significantly negative consequences for clients and for the criminal justice process," the disciplinary tribunal wrote in its findings.

"The entire process is brought into disrepute by actions such as the practitioner's where it would seem that the client's needs are not being put before those of the practitioner."

Advertisement
Advertise with NZME.

The tribunal, chaired by Judge Dale Clarkson, considered there was a need for "public protection from this practitioner" and when Arman failed to engage in the hearing, there was "no option" but to strike him from the register of barristers and solicitors.

In response to the disciplinary tribunal's ruling, Arman sent a statement to the Herald which said:

Discover more

New Zealand

Driving conviction quashed after 13 lawyers didn't answer the phone

23 Jun 08:24 AM
New Zealand|crime

'Inexcusable': Father awarded $175,000 after failed manslaughter prosecution

23 Jun 08:24 PM
Business

Lawyer struck-off after transferring client's property into his name, trying to evict them

24 Jun 05:36 AM
World

Sexual harasser spent years on Australia's top court: Inquiry finds

24 Jun 03:02 AM

"Representing these types of clients requires me to make personal compromises that I am not prepared to make.

"To that end, I don't consider myself a proper fit with this profession, which is why I stopped taking new clients over two years ago to look for a vocation more aligned with my personal ideology."

He now lives overseas.

READ MORE:

• The Head Hunters' $1m man in Tauranga
• From Harley Davidson to wheelchair: Inside the downfall of Killer Beez boss
• Patching over: Mongrel Mob leader's brother, nephew join rival Comanchero
• Gangs of New Zealand: Why gang numbers spiked by 50 per cent
• Inside the gang tensions which brought Tauranga to a standstill
• How a Sydney airport brawl changed NZ's gang scene forever

The case which ended Arman's legal career was a client who was a male model who started masturbating while posing nude for a sculptor.

Advertisement
Advertise with NZME.

The nude model told police he was unaware the female sculptor was uncomfortable, and put his clothes on immediately when he realised she was.

The police charged the man with indecent assault and he told Arman, his defence lawyer, that his priority was to avoid a conviction and prison sentence.

Arman cut a deal with the police prosecutor to lower the charge from indecent assault, which carries a maximum penalty of seven years in prison, if his client agreed to plead guilty to an indecent act with intent to offend.

The lesser offence carries a maximum penalty of two years in prison. Arman's plan was to then apply for a discharge without conviction for his client.

The man pleaded guilty to the indecent act but his application to be discharged without conviction was thrown out.

The sentencing judge - who was relying on the summary of facts which the model pleaded guilty to - considered the man's behaviour to be persistent, rather than a misjudgment or mistake.

He was convicted and sentenced to 120 hours of community work. However, the model was "shocked" to hear the judge's remarks as Arman, his lawyer, had never shown him the summary of facts.

If he had seen the summary of facts, the model said he would not have pleaded guilty.

Arlan also failed to take a brief of evidence from his client as to his version of events, or ask the police for all the available evidence to be disclosed to him.

As such, Justice Mark Woolford was satisfied a miscarriage of justice had occurred as the model did not appreciate the nature of the charge and Arman's failure to identify possible defences.

The conviction was overturned in December 2018, and the prosecution abandoned, before the complaint which ended Arman's career was made to the Law Society.

Justice Woolford's decision came 12 months after Judge David McNaughton released a stinging judgment which found Arman - whose website advertised himself as one of the best lawyers in Auckland - pressured a client to plead guilty to three sex charges.

"While Mr Arman claimed to be one of the best lawyers in Auckland on the basis of service to clients and results achieved, what emerges from the evidence here is the complete opposite," wrote Judge McNaughton.

In analysing the case, Judge McNaughton said there was always an "arguable defence" to the charges and identified evidence of a potential motive for a false complaint of rape to be made.

"The only conclusion I can come to is, that at the last moment, with a firm fixture imminent and no prospect of further adjournments, Mr Arman pressured his client into pleading guilty by giving him misleading advice."

That decision led to the first Law Society complaint and the 10 month suspension last year.

The third miscarriage of justice involving Arman was detailed in a Court of Appeal judgment which quashed the convictions of a man convicted of historical sex offences after a trial in 2018.

The man denied the allegations and wanted to discuss with Arlan the possibility of giving evidence in his own defence. However, he signed a handwritten note given to him by Arlan confirming he did not want to take the stand at his trial.

Although the decision whether to give evidence is for the client, the Court of Appeal said it had to be an informed decision.

"Mr Arman did not adequately explain the advantages and importance of giving evidence ... Of particular relevance is the fact that the defence was one of denial and [the man] had not provided any statement to the police."

The Court of Appeal also criticised how the Crown and trial judge handled expert evidence given at the trial. The convictions were overturned and the prosecution was abandoned.

Save

    Share this article

    Reminder, this is a Premium article and requires a subscription to read.

Latest from New Zealand

New Zealand

'Absolutely gutted': Dog lovers protest against leash changes

19 Jun 06:40 PM
New ZealandUpdated

New claims on top cop's psychometric test exemptions for police recruits

19 Jun 06:19 PM
Premium
New Zealand|crime

Alleged Auckland drug kingpin hiding in Mexico, police believe

19 Jun 06:04 PM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Absolutely gutted': Dog lovers protest against leash changes

'Absolutely gutted': Dog lovers protest against leash changes

19 Jun 06:40 PM

The board voted 4 to 2 to ban off-leash dogs at Monte Cecilia.

New claims on top cop's psychometric test exemptions for police recruits

New claims on top cop's psychometric test exemptions for police recruits

19 Jun 06:19 PM
Premium
Alleged Auckland drug kingpin hiding in Mexico, police believe

Alleged Auckland drug kingpin hiding in Mexico, police believe

19 Jun 06:04 PM
Premium
Jobs on the line at Auckland's plush Government House in cost-cutting proposal

Jobs on the line at Auckland's plush Government House in cost-cutting proposal

19 Jun 06:02 PM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP