31 Jan 2023
WILSON v WELLINGTON DISTRICT COURT [2023] NZHC 44
- Citation
- [2023] NZHC 44
- Court
- High Court
The High Court held the District Court's acceptance of the private prosecution under s26 was unlawful: on a prima facie assessment the evidence did not establish control or possession of the alleged 'property' by WPA/Mr Wilson nor a clear legal requirement known to them to deal with that property for others' benefit as required by s220; additionally, relevant material (the High Court injunction judgment) was withheld from the screening judge and its absence rendered the prosecution an abuse of process; accordingly the s26 decision accepting the charge was set aside.