New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Undue hardship test
  • 12 Aug 2019

    R v MORGAN [2019] NZHC 1962

    Citation
    [2019] NZHC 1962
    Court
    High Court

    Applying s 202 and the two-step approach, the Judge found that several witnesses (Ms C, Ms S, Ms R, Ms A, Mr C, Ms F and Mr H) satisfied the threshold of likely undue hardship or danger and, on balance, suppression of their names was warranted; other witnesses (Mr MacLachlan, Francis Ulutupu) did not meet the test. The Court ordered suppression of identifying particulars for those witnesses and prohibited publication of the ruling or proceedings in news media or online until final disposition, while permitting publication in law reports/law digests.