New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Necessity test for protection orders

  • 2 Nov 2020

    DUNN v ELLIOTT [2020] NZHC 2872

    Citation
    [2020] NZHC 2872
    Court
    High Court

    The High Court affirmed the Family Court: the protection order remains necessary because the evidence established a pattern of coercive psychological abuse, credible post‑order unwanted contact and harassment, corroborated and consistent reports from the protected children and respondent, and the appellant failed to discharge the evidential burden of raising countervailing factors given his lack of insight and refusal of interventions; the subjective fears of the protected persons were objectively reasonable and supported continuation of the order.

  • 7 Jul 2017

    S v S [2017] NZHC 1574

    Citation
    [2017] NZFLR 519
    Court
    High Court

    The Judge found the respondent's bulk emails and tweets amounted to psychological abuse but correctly exercised discretion in refusing to make a final protection order because the respondent gave undertakings, the risk of recurrence had materially diminished given situational triggers and resolved issues, and the broad standard conditions could produce unintended consequences for child-care; the High Court dismissed the appeal, finding no error in that discretionary conclusion though finding some of the respondent's social media conduct did amount to abuse.