New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Security clearance and employment consequences
  • 27 Feb 2020

    O’NEILL v POLICE [2020] NZHC 284

    Citation
    [2020] NZHC 284
    Court
    High Court

    Conviction would likely cause permanent loss of security clearance and terminate the appellant's specialised naval role; given the low gravity of the offending (no proven intent to use bleach), those collateral consequences are out of all proportion to the offence and warrant a discharge without conviction under s106 of the Sentencing Act.

    • Discharge without conviction (s106 sentencing act)
    • Proportionality of collateral consequences
    • Security clearance and employment consequences
    • Appealability of sentencing omissions