3 Mar 2014
XU v MAYES [2014] NZHC 349
- Citation
- [2014] NZHC 349
- Court
- High Court
On the evidence (including photographs, witness demeanour and consistent accounts by the respondents) the District Court judge was entitled to find on the balance of probabilities that the appellants assaulted and threatened the respondents and that Mr Xu repeatedly followed Mrs Mayes; those findings met the statutory definition of harassment under the Harassment Act 1997 and justified a restraining order under s16; the lawful purpose defence could be considered on appeal but did not rebut the factual findings; the remedy required variation of standard conditions to reflect proximity, so the…