New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Criminal procedure act 2011 s200

Legal area

Court

7 Apr 2020

RATNAM v R [2020] NZCA 92

Citation

[2020] NZCA 92
Court

Court of Appeal

Fresh evidence was admitted but the court held the additional harm publication would cause the appellant's wife (malign gossip, social stigma and isolation) did not rise to 'extreme hardship' beyond the inevitable consequences of the appellant's conviction, and the s200 threshold therefore was not met; s202 undue hardship likewise was not established; appeal dismissed and name suppression refused.
11 Nov 2019

REYES v NEW ZEALAND CUSTOMS SERVICE [2019] NZCA 546

Citation

[2019] NZCA 546
Court

Court of Appeal

The Court granted extension and leave because the interpretive question was of public importance but dismissed the appeal on the merits: the evidence before the Court did not establish a real and appreciable risk that publication would cause the applicant's mother extreme hardship as required by s 200 CPA; the Court rejected importing an additional 'direct' causation or 'specifically identified consequence' gloss and preferred application of the statutory test as already interpreted by precedent.