4 Aug 2023
WHITE v UNITED KINGDOM [2023] NZHC 2055
- Citation
- [2023] NZHC 2055
- Court
- High Court
The appeal was dismissed because the appellant failed to prove on the balance of probabilities that a discretionary restriction under s8 applied: there was no evidence of bad faith by prosecuting authorities or the complainant, the absence of a pre‑charge interview did not amount to bad faith or render a fair trial impossible, and the passage of time and change of circumstances did not meet the high threshold for oppression or render surrender unjust; therefore the District Court's finding of eligibility for surrender was confirmed.