New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remittal and rehearing

Legal area

Court

24 Oct 2019

CHISNALL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZCA 510 [23 October 2019]

Citation

[2019] NZCA 510
Court

Court of Appeal

Although the statutory threshold for a PPO (very high risk of imminent serious sexual offending and severe behavioural disturbance) was established on the evidence, the High Court erred in the exercise of its discretion by making a PPO without adequate opportunity to assess whether an ESO with an intensive monitoring condition (a less restrictive alternative) could realistically manage the risk; because the terms of any ESO and monitoring were not sufficiently specified the PPO could not be justified and must be quashed and the matter remitted for reconsideration; the interim detention order…
16 Dec 2016

GEORGE v BLOMFIELD [2016] NZHC 3099

Citation

[2016] NZHC 3099
Court

High Court

Appeal allowed. Forgiven debts to trusts are prima facie assets of the estate and the Family Court erred in excluding them where discovery of trust deeds and beneficiary identities was refused; interlocutory discovery refusal and the trial judgment are set aside and the matter is remitted for rehearing with directions for disclosure of trust documents. The trial judge also erred by relying on speculative conclusions about the appellant's hypothetical better financial position had he accepted earlier assistance.