Q V Q HC AK CIV 2011-404-6890

Q V Q HC AK CIV 2011-404-6890

The High Court allowed the appeal and set aside the final protection order because the Family Court placed excessive weight on the applicant's subjective perception of risk without adequately taking into account countervailing evidence and factors raised by the respondent; on the proper Surrey v Surrey approach the evidence was insufficient to satisfy the statutory necessity requirement in s14(1)(b).

Citation
openlaw-81268264_f90e_41ed_bfcf_761a8d5d2511.pdf
Parties
Appellant: Q; Respondent: Q
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2012
Procedural Posture
Appeal Against Family Court Final Protection Order Under Domestic Violence Act 1995 / Hearing on Appeal; Judgment Delivered
Outcome
Appeal allowed; final protection order set aside
Legal Topics
Protection Order Necessity, Section 14 Domestic Violence Act, Risk Assessment for Future Violence, Standards of Appellate Review
Family Law Domestic Violence Law Appeals Civil Procedure Protection Order Necessity Section 14 Domestic Violence Act Risk Assessment for Future Violence Standards of Appellate Review

Case Brief

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Parties

Q

Appellant

Q

Respondent

Procedural Posture

Appeal Against Family Court Final Protection Order Under Domestic Violence Act 1995 / Hearing on Appeal; Judgment Delivered

Legal Issues

  1. 1 Whether the respondent used domestic violence as defined by the Act
  2. 2 Whether making a final protection order was necessary for protection under s14(1)(b)
  3. 3 Proper assessment of future risk and reasonableness of applicant's subjective fear

Ratio Decidendi

The High Court allowed the appeal and set aside the final protection order because the Family Court placed excessive weight on the applicant's subjective perception of risk without adequately taking into account countervailing evidence and factors raised by the respondent; on the proper Surrey v Surrey approach the evidence was insufficient to satisfy the statutory necessity requirement in s14(1)(b).

Court Disposition

Appeal allowed; final protection order set aside

Orders

  • Final protection order set aside
  • Costs to lie where they fall