New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-association order

Legal area

Court

2 Jul 2021

CARPENTER v NEW ZEALAND POLICE [2021] NZHC 1634

Citation

[2021] NZHC 1634
Court

High Court

The judge did not err: the offending was premeditated and highly intrusive so a conviction would not have consequences out of all proportion given the industry's reliance on trust, legitimate employer interests, and existing publicity; however the protection order was unnecessary because objective assessment showed negligible risk of future violence given the single incident, ended relationship and no contact, so the protection order was quashed.
23 Nov 2017

ALLEN v DEPT OF CORRECTIONS [2017] NZHC 2902

Citation

[2017] NZHC 2902
Court

High Court

The District Court judge erred by adopting the maximum 12‑month starting point because he disregarded materially relevant mitigating circumstances (the partner's consent and the contextual reasons for the breach), misstated the appellant's prior history as involving the same kind of prior non‑association breaches, and wrongly concluded the maximum was the only effective deterrent; a six‑month starting point with a 20% guilty plea discount (resulting in four months and three weeks imprisonment) was appropriate, and leave to appeal out of time was granted.