New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Undertakings as to damages (s29)
  • 30 Nov 2022

    COMMISSIONER OF POLICE v RODRIGUEZ [2022] NZHC 3164

    Citation
    [2022] NZHC 3164
    Court
    High Court

    Given the complex, multi‑jurisdictional nature of the investigation, demonstrable diligence by Police, significant MLAT delays (some caused or extended by the respondent/related entities' actions), and the respondent's refusal to cooperate, it was lawful and in the public interest to extend the restraining order for 12 months from 10 September 2022; on the facts the court declined to require a s29 undertaking because the respondent's claimed prejudice was financial and diminished by her conduct and the realities of overseas delays.

    • Restraining orders
    • Civil forfeiture
    • Undertakings as to damages (s29)
    • Mlat delays
    • Examination orders (ss106–107)