15 Aug 2018
BURROWS v NEW ZEALAND POLICE [2018] NZHC 2088
- Citation
- [2018] NZHC 2088
- Court
- High Court
Although 'person' in the Harassment Act can include corporations and non-natural persons generally, the term does not extend to the Crown or entities that form part of the Crown (such as the Ministry of Justice and New Zealand Police) because restraining orders are injunctive in nature and longstanding constitutional and statutory rules (including the Crown Proceedings Act) preclude granting injunctions or equivalent relief directly against the Crown absent clear parliamentary language overriding those limits; s7 did not plainly displace those limits, so no jurisdiction to make restraining or…