17 Dec 2019
ARAIA v NEW ZEALAND POLICE [2019] NZHC 3374
- Citation
- [2019] NZHC 3374
- Court
- High Court
Although the District Court judge erred in characterising the relevant issue (focusing on fine versus community work), the High Court found the Community Magistrate had erred by not expressly addressing all mandatory s94 considerations but after fresh consideration concluded s94 should not be exercised: appellant's extreme speeding (176km/h), repeated speeding and suspension history posed a significant public safety risk and justified a seven-month disqualification and fines as the least restrictive appropriate outcome; appeal dismissed.