New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-association condition

Legal area

Court

14 Apr 2021

TYACKE v NEW ZEALAND POLICE [2021] NZHC 778

Citation

[2021] NZHC 778
Court

High Court

Although a non-association release condition could be legitimate where a partner was closely involved in offending and addictions were interrelated, the Judge did not expressly impose or explain such a condition in open court and the court record is ambiguous; therefore the appeal is allowed and the matter is remitted to the Special Circumstances Court to reconsider special release conditions, with the existing conditions preserved pending reconsideration.
6 Aug 2020

LIVETT v THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1985

Citation

[2020] NZHC 1985
Court

High Court

Leave to file the appeal out of time was granted because the delay was not significant, arose from circumstances not solely the appellant's fault, and there was no prejudice to the respondent; the substantive appeal was dismissed because the High Court was not satisfied the seven‑month sentence was manifestly excessive or wrong in principle—six months was an appropriate starting point and a three‑month uplift for multiple prior breaches and the need for deterrence was justified, with two months' credit for the guilty plea already applied by the District Court resulting in the seven‑month end…