Published 16 May 2019
Application for non-party disclosure — unlawful sexual connection — indecent assault — allegations of sexual offending by other people — H v R [2017] NZCA 494 — Criminal Disclosure Act 2008, s 27. The defendant faced charges of indecent assault. In this pretrial matter the defendant sought disclosure of any records held by Oranga Tamariki relating to allegations of sexual abuse by the complainant against people other than the defendant. The Crown opposed the application, arguing that allegations against others were irrelevant. However the Crown submitted that the defendant was entitled to any Oranga Tamariki files relating to the complainant's allegations against him. Oranga Tamariki urged caution in ordering disclosure of files, given the files contain highly sensitive information. The Court found that any allegations against others were not relevant and the defendant's application in this regard was a fishing expedition. However the Court agreed that documents relating to the specific allegations against the defendant were relevant and ordered that various documents be disclosed to the defendant. Judgment Date: 4 April 2018.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›