GURAM v GURAM [2021] NZHC 3153

GURAM v GURAM [2021] NZHC 3153

On the rehearing the High Court found on the balance of probabilities that the respondent and her son engaged in family violence (including psychological and financial abuse evidenced by threats and text messages) and that the applicant had a reasonable subjective fear the humiliating video would be released; a protection order was therefore necessary and should be made with a narrowly tailored special condition prohibiting publication of that video and directions to undertake and attend a non-violence programme.

Citation
[2021] NZHC 3153
Parties
Appellant: Balkar Guram; Respondent: Kulpreet Guram; Associated Respondent: T
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 November 2021
Procedural Posture
Family Violence Appeal Under Family Violence Act 2018 / High Court Appeal (rehearing)
Outcome
Appeal allowed; protection order granted in favour of appellant against respondent and associated respondent
Legal Topics
Protection Order, Necessity Test, Credibility Findings, Psychological Abuse, Financial Abuse, Non Violence Programme Direction, Publication Restriction (social Media)
Family Law Family Violence Immigration Law Protection Order Necessity Test Credibility Findings Psychological Abuse Financial Abuse +2 more

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Parties

Balkar Guram

Appellant

Kulpreet Guram

Respondent

T

Associated Respondent

Procedural Posture

Family Violence Appeal Under Family Violence Act 2018 / High Court Appeal (rehearing)

Legal Issues

  1. 1 Whether respondent(s) inflicted family violence on applicant (s79(a))
  2. 2 Whether a protection order is necessary for applicant's protection (s79(b))
  3. 3 Credibility of witnesses and weight of police Family Violence Reports and text messages

Ratio Decidendi

On the rehearing the High Court found on the balance of probabilities that the respondent and her son engaged in family violence (including psychological and financial abuse evidenced by threats and text messages) and that the applicant had a reasonable subjective fear the humiliating video would be released; a protection order was therefore necessary and should be made with a narrowly tailored special condition prohibiting publication of that video and directions to undertake and attend a non-violence programme.

Court Disposition

Appeal allowed; protection order granted in favour of appellant against respondent and associated respondent

Orders

  • Protection order made in favour of Balkar Guram against Kulpreet Guram and T on standard conditions
  • Special condition: Respondent and associated respondent must not publish or cause publication of the video recorded in September or October 2019 showing the applicant in a state of undress with a piece of meat in his mouth on the internet, including social media and online platforms in New Zealand, India or any...