11 Sept 2020
THE COMMISSIONER OF POLICE v KEEN (AKA CHEN) [2020] NZHC 2369
- Citation
- [2020] NZHC 2369
- Court
- High Court
The Court held there is no jurisdiction under the CPRA to make an order requiring the Commissioner to give prior notice to a private interested party of any application to vary or cancel a restraining order because such an order is inconsistent with the statutory purpose of the CPRA (which focuses on state forfeiture) and ss 28 and 33–35 do not authorise notice orders that serve to protect private civil claimants; the Court's inherent jurisdiction cannot be used to override the statutory scheme; accordingly the prior notice order of 21 August 2019 was rescinded and Natural Dairy's request for…