18 Apr 2019
TAYLOR v NEW ZEALAND POLICE [2019] NZHC 874
- Citation
- [2019] NZHC 874
- Court
- High Court
Section 123B requires a conviction for a domestic violence offence; a discharge without conviction is an acquittal and therefore the statutory prerequisites for s123B were not met; s106(3) does not empower the court to make a discretionary s123B protection order after discharge without conviction; consequently the District Court lacked jurisdiction and the protection order must be set aside.