New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Communication assistance

  • 25 Mar 2022

    R v EBDELL [2022] NZHC 580

    Citation
    [2022] NZHC 580
    Court
    High Court

    After reviewing expert assessments, recorded interviews and transcripts of the complainants' evidence at two prior trials, the Judge concluded both complainants could sufficiently understand questions put orally and adequately respond under s 81(2) Evidence Act 2006; accordingly appointment of communication assistants was declined and the Court instead directed specific trial accommodations (structured questioning, scheduled mini-breaks and other agreed measures) to be followed by counsel.

  • 28 Jul 2021

    JUDD v R [2021] NZCA 345

    Citation
    [2021] NZCA 345
    Court
    Court of Appeal

    Appellant meaningfully participated in preparation and trial, made a considered and informed strategic election not to give evidence, and the subsequent diagnosis of Asperger's would not have materially altered that decision or the trial outcome; absence of trial modifications, communication assistance or expert demeanour evidence did not render the trial unfair or cause a miscarriage of justice.

  • 8 May 2018

    R v R [2018] NZHC 978

    Citation
    [2018] NZHC 978
    Court
    High Court

    On the balance of probabilities the depositions established defendant's involvement (s9); defendant is mentally impaired under s14 based on multiple expert reports; cumulative impairments in language/communication, severe cognitive deficits, fluctuating psychosis and borderline personality disorder make it more likely than not that defendant is unable, due to mental impairment, to understand proceedings or instruct counsel and will decompensate in a contested trial; accommodations would be insufficient to ensure a fair trial; accordingly defendant is unfit to stand trial and must be remanded…

  • 23 Jun 2016

    LI v COMMISSIONER OF POLICE [2016] NZHC 1383

    Citation
    [2016] NZHC 1383
    Court
    High Court

    In civil proceedings under the Evidence Act a witness who requires communication assistance is entitled to that assistance; where an applicant requires an interpreter to give evidence and will not pay, the Crown must provide and meet the costs in the first instance when it has sought to cross-examine the applicant's affidavit, subject to the trial Judge's assessment under s81 and any subsequent costs order allocating the expense.