New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Standing to oppose suppression (s210 cpa)
  • 1 Nov 2023

    VAN BEYNEN v BIRCHFIELD [2023] NZHC 3072

    Citation
    [2023] NZHC 3072
    Court
    High Court

    On fresh assessment the appellant proved the District Court judge erred: the evidential material did not support a real and appreciable risk of 'extreme hardship' under s 200(2)(a) CPA, so the statutory threshold was not met and interim name suppression could not be justified; accordingly the appeal is allowed and suppression is set aside.

    • Name suppression
    • Open justice
    • Extreme hardship test
    • Suppression orders
    • Standing to oppose suppression (s210 cpa)
    • Section 147 cpa application