New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Vulnerability assessment
  • 14 Apr 2010

    T V K HC DUN CIV-2009-412-001023

    Citation
    openlaw-7349bc63_2f07_45b6_bdb6_27a7d7d49794.pdf
    Court
    High Court

    Given established past serious violence (2005 assault), the trial judge's accepted factual finding of a threatened punch on 2 October 2009, the applicant's alcoholism with risk of relapse, and the applicant's documented vulnerability (illiteracy, cognitive/socioeconomic disadvantage), it was open to the judge under s14 to find a real risk of future harm and to conclude a final protection order was necessary; the appellate court could not say the judge was plainly wrong and dismissed the appeal.