25 Jun 2021
COMMISSIONER OF POLICE v SALTER [2021] NZHC 1531
- Citation
- [2021] NZHC 1531
- Court
- High Court
On the facts, the Court exercised its s 29 discretion to require the Commissioner to give an undertaking as to damages and costs because restraining orders over integral business property of a holistically operated commercial group were likely, over a multi-year restraint (likely at least three years), to impair significant transactions (sale or major borrowing) and cause objectively foreseeable commercial loss; an undertaking is proportionate, provides an effective remedy, and will not unduly chill law enforcement.