19 Apr 2021
POLICE v HEAD [2021] NZHC 809
- Citation
- [2021] NZHC 809
- Court
- High Court
The High Court found the District Court Judge made material errors of law by taking irrelevant or unsupported considerations into account (including references to a 'puritanical society', workplace pornography analogies and a gender generalisation) and by concluding there was a real possibility the employer would seek termination without evidential basis; on re‑assessment the consequences of conviction were not out of all proportion to the low-to-moderate gravity offending, therefore the discharge without conviction was quashed and the respondent was convicted and discharged.