New Zealand Case Law: Decisions & Judgments

Topic

Protection order

Legal area

Court

15 Nov 2023

WILSON v CARTER [2023] NZHC 3220

Citation

[2023] NZHC 3220
Court

High Court

The Court found the appellant's and counsel's conduct, while engaging some s45(3) factors, did not amount to 'exceptional circumstances' that were quite out of the ordinary and so jurisdiction under s45(2) to order costs against the legally aided appellant did not exist; however the Court exercised s45(5) to specify that, had s45 not applied, it would have ordered costs of $13,145 in favour of the respondent.
16 Oct 2023

WILSON v CARTER [2023] NZHC 2885

Citation

[2023] NZHC 2885
Court

High Court

Recorded audio and video evidence demonstrated the 8 July 2022 events were a parenting dispute over interpretation of contact orders, not abusive conduct by respondent; respondent did not enter property or use abusive language and had proper reason (waiting for police) to remain nearby, so no act or acts amounting to family violence were established and a protection order was not necessary; appeal dismissed.
13 Oct 2023

WATTS v R [2023] NZHC 2704

Citation

[2023] NZHC 2704
Court

High Court

Leave to appeal out of time is refused because the appellant failed to establish exceptional circumstances or a real risk of miscarriage of justice; her claims are bald, unsupported by evidence, inconsistent with the record, and she has not waived privilege to adduce legal advice, therefore convictions entered after guilty pleas stand.
9 Oct 2023

CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2826

Citation

[2023] NZHC 2826
Court

High Court

Because the applicant remained validly remanded in custody under a warrant requiring his appearance before the District Court on 10 October 2023, the habeas corpus application was an abuse of process and was dismissed under s 15(1) of the Habeas Corpus Act 2001.
24 Aug 2023

MD v LP [2023] NZCA 390

Citation

[2023] NZCA 390
Court

Court of Appeal

The appeal was struck out because the appellant failed to pay security for costs set at $7,060, offered no excuse for non-payment, showed no prospect of paying, and the appeal had little prospect of success; under r 37(1) and established authority payment is not optional and non-payment justifies striking out to protect respondents and achieve finality.
25 Jul 2023

HAGLEY v HAGLEY [2023] NZHC 1950

Citation

[2023] NZHC 1950
Court

High Court

Appeal allowed: the High Court found the Family Court judge gave undue primacy to the children's views and conflated family violence proceedings with care proceedings (COCA), failed to properly assess key s 110(2) factors (notably whether areas of concern were no longer evident given respondent's relapse to drinking and limited demonstrated insight), and therefore erred in discharging the protection order; the High Court reinstated the protection order and held the appointment of lawyer for child in these circumstances was ultra vires because s 166(1)(c)(ii) is to be read as confined to proce…
17 Feb 2023

D (SC 115/2022) v JDN [2023] NZSC 4

Citation

[2023] NZSC 4
Court

Supreme Court

Leave to appeal was denied because the issues raised were purely factual, did not engage any matter of general or public importance, and did not present a real risk of miscarriage of justice; the High Court properly refused an extension of time as not commensurate with the interests of justice and the Court of Appeal found no error.
5 Dec 2022

R v MAAKA [2022] NZHC 3240

Citation

[2022] NZHC 3240
Court

High Court

Adopted a starting point of 4.5 years' imprisonment for the sexual violation (penile penetration of the mouth), uplifted one year for connected sexual conduct with a young person offences to a total starting point of 5.5 years, applied combined discounts of 40% (20% for youth, 20% for systemic deprivation) and imposed a final concurrent sentence of three years and four months' imprisonment with no minimum period of imprisonment imposed.
29 Nov 2022

C v H [2022] NZHC 3145

Citation

[2022] NZHC 3145
Court

High Court

The Court has no jurisdiction to receive an appeal under s177 against a Family Court decision directing a without‑notice protection application to proceed on notice because that decision is procedural/interlocutory (not a final determination of a protection order) and the appropriate remedies are continuation on-notice in the Family Court or, in exceptional cases, judicial review; allowing High Court appeals in those circumstances would contradict the Act's scheme and purpose and the High Court Rules.
11 Oct 2022

R v BOWMAN [2022] NZHC 2622

Citation

[2022] NZHC 2622
Court

High Court

Preventive detention was declined. The Court concluded that although the offender demonstrated an escalating pattern of intimate partner violence and an elevated risk of future offending, factors including absence of prior lengthy imprisonment, equivocal expert assessments, remaining rehabilitative potential, and availability of post-release supervision options meant a lengthy finite sentence would adequately protect the community. The appropriate global finite sentence was 16 years' imprisonment with a minimum period of imprisonment of 8 years, together with a protection order under s123B Se…