New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Criminal procedure act 2011 s202

Legal area

Court

12 Nov 2020

MARTIN v R [2020] NZCA 565

Citation

[2020] NZCA 565
Court

Court of Appeal

The application to adduce fresh evidence was declined because the requirements for admission were not met; statutory orders under ss 202 and 205 of the Criminal Procedure Act 2011 were appropriate to prohibit publication of Witness X's identity and evidence.
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.