28 Jun 2023
FRANCIS CATALIN DELIU v NICHOLAS FRASER FLANAGAN [2023] NZHC 1632
- Citation
- [2023] NZHC 1632
- Court
- High Court
Judge Duffy held s 57(2A) Evidence Act is not limited to guilty-plea bargaining and can cover broader plea discussions; Committee No 1's vexatious finding lacked evidential foundation and breached natural justice and must be declared unlawful; Committee No 3 failed to consider the entire substance of the first complaint and wrongly characterised the whole complaint as vexatious; however no prosecutorial misconduct was found on the record and further remedial orders were declined as futile, with limited declarations granted.