New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 203 criminal procedure act 2011

Legal area

Court

5 Apr 2023

ISABELLA NIKI-HARPER AHLAWAT v R [2023] NZSC 28

Citation

[2023] NZSC 28
Court

Supreme Court

Leave to appeal was refused because the issues raised do not present matters of wider public importance but arise from a unique factual matrix, prior publication of the propensity evidence made suppression futile, and the Court of Appeal's exercise of discretion under s 203(3)(b) was not shown to be legally erroneous or plainly wrong given the seriousness of the offending and public interest in publication.
11 Aug 2017

COSCI v DISTRICT COURT AT TAURANGA & ANOR [2017] NZHC 1907

Citation

[2017] NZAR 1721
Court

High Court

The District Court Judge erred in law by applying the 'undue hardship' standard (s 200(2)(b)/(c)) instead of the statutory 'extreme hardship' threshold in s 200(2)(a); the evidence did not establish extreme hardship nor sufficiently demonstrate that publication would endanger the safety of the dependent child under s 200(2)(e); accordingly there was no jurisdiction to make the permanent suppression order and the District Court order was quashed. The applicant, being over 18 and understanding the consequences, is permitted to have her name published under s 203(3)(b), and the identity of her f…